United States Statutes at Large, Volume 126, 112th Congress, 2nd Session

[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 112-104
112th Congress

An Act


 
To require the Secretary of the Treasury to mint coins in commemoration
of the 225th anniversary of the establishment of the Nation's first
Federal law enforcement agency, the United States Marshals
Service. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE.

This Act may be cited as the ``United States Marshals Service 225th
Anniversary Commemorative Coin Act''.
SEC. 2. FINDINGS.

The Congress hereby finds as follows:
(1) The United States Marshals, the first Federal law
enforcement officers in America, were established under section
27 of the Act of Congress entitled ``Chapter XX.--An Act to
Establish the Judicial Courts of the United States'' and enacted
on September 24, 1789 (commonly referred to as the ``Judiciary
Act of September 24, 1789''), during the 1st Session of the 1st
Congress, and signed into law by the 1st President of the United
States, George Washington.
(2) George Washington had carefully considered the
appointments to the Judicial Branch long before the enactment of
the Judiciary Act of September 24, 1789, and nominated the first
11 United States Marshals on September 24, and the remaining two
Marshals on September 25, 1789. The Senate confirmed all 13 on
September 26, 1789, 2 days after the Judiciary Act was signed
into law.
(3) In 1969, by order of the Department of Justice, the
United States Marshals Service was created, and achieved Bureau
status in 1974. The United States Marshals Service has had major
significance in the history of the United States, and has
directly contributed to the safety and preservation of this
Nation, by serving as an instrument of civil authority used by
all 3 branches of the United States Government.
(4) One of the original 13 United States Marshals, Robert
Forsyth of Georgia, a 40-year-old veteran of the Revolutionary
War, was the first civilian official of the United States
Government, and the first of many United States Marshals and
deputies, to be killed in the line of duty when he was shot on
January 11, 1794, while trying to serve civil process.
(5) The United States Marshals Service Commemorative Coin
will be the first commemorative coin to honor the United States
Marshals Service.

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(6) The United States should pay tribute to the Nation's
oldest Federal law enforcement agency, the United States
Marshals Service, by minting and issuing commemorative coins, as
provided in this Act.
(7) A commemorative coin will bring national and
international attention to the lasting legacy of this Nation's
oldest Federal law enforcement agency.
(8) The proceeds from a surcharge on the sale of such
commemorative coins will assist the financing of national
museums and charitable organizations.
SEC. 3. COIN SPECIFICATIONS.

(a) Denominations.--In commemoration of the 225th anniversary of the
establishment of the United States Marshals Service, the Secretary of
the Treasury (hereafter in this Act referred to as the ``Secretary'')
shall mint and issue the following coins:
(1) $5 gold coins.--Not more than 100,000 $5 gold coins,
which shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent alloy.
(3) Half dollar clad coins.--Not more than 750,000 half
dollar coins, which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31 United
States Code.

(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.

(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the 225 years of exemplary and
unparalleled achievements of the United States Marshals Service.
(2) Designation and inscriptions.--On each coin minted under
this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of--
(i) the mint date ``2015''; and
(ii) the years 1789 and 2014; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum'', and such other inscriptions as the
Secretary may determine to be appropriate for the
designs of the coins.
(3) Coin images.--
(A) $5 gold coins.--

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(i) Obverse.--The obverse of the $5 coins
issued under this Act shall bear an image of the
United States Marshals Service Star (also known as
``America's Star'').
(ii) Reverse.--The reverse of the $5 coins
issued under this Act shall bear a design
emblematic of the sacrifice and service of the men
and women of the United States Marshals Service
who lost their lives in the line of duty and
include the Marshals Service motto ``Justice,
Integrity, Service''.
(B) $1 silver coins.--
(i) Obverse.--The obverse of the $1 coins
issued under this Act shall bear an image of the
United States Marshals Service Star (also known as
``America's Star'').
(ii) Reverse.--The reverse of the $1 silver
coins issued under this Act shall bear an image
emblematic of the United States Marshals legendary
status in America's cultural landscape. The image
should depict Marshals as the lawmen of our
frontiers, including their geographic, political,
or cultural history, and shall include the
Marshals Service motto ``Justice, Integrity,
Service''.
(C) Half dollar clad coins.--
(i) Obverse.--The obverse of the half dollar
clad coins issued under this Act shall bear an
image emblematic of the United States Marshals
Service and its history.
(ii) Reverse.--The reverse of the half dollar
clad coins issued under this Act shall bear an
image consistent with the role that the United
States Marshals played in a changing nation, as
they were involved in some of the most pivotal
social issues in American history. The image
should show the ties that the Marshals have to the
United States Constitution, with themes
including--
(I) the Whiskey Rebellion and the
rule of law;
(II) slavery and the legacy of
inequality; and
(III) the struggle between labor and
capital.
(4) Realistic and historically accurate depictions.--The
images for the designs of coins issued under this Act shall be
selected on the basis of the realism and historical accuracy of
the images and on the extent to which the images are reminiscent
of the dramatic and beautiful artwork on coins of the so-called
``Golden Age of Coinage'' in the United States, at the beginning
of the 20th Century, with the participation of such noted
sculptors and medallic artists as James Earle Fraser, Augustus
Saint-Gaudens, Victor David Brenner, Adolph A. Weinman, Charles
E. Barber, and George T. Morgan.

(b) Selection.--The design for the coins minted under this Act shall
be--
(1) selected by the Secretary, after consultation with the
Director of the United States Marshals Service and the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coin Advisory Committee.

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SEC. 5. ISSUANCE OF COINS.

(a) Quality of Coins.--Coins minted under this Act shall be issued
in proof quality and uncirculated quality.
(b) Mint Facility.--Only 1 facility of the United States Mint may be
used to strike any particular combination of denomination and quality of
the coins minted under this Act.
(c) Commencement of Issuance.--The Secretary may issue coins, to the
public, minted under this Act beginning on or after January 1, 2015,
except for a limited number to be issued prior to such date to the
Director of the United States Marshals Service and employees of the
Service for display and presentation during the 225th Anniversary
celebration.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2015.
SEC. 6. SALE OF COINS.

(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).

(b) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.

(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 gold coin.
(2) A surcharge of $10 per coin for the $1 silver coin.
(3) A surcharge of $3 per coin for the half dollar coin.

(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, the Secretary shall promptly distribute all surcharges
received from the sale of coins issued under this Act as follows:
(1) The first $5,000,000 available for distribution under
this section, to the U.S. Marshals Museum, Inc., also known as
the United States Marshals Museum, for the preservation,
maintenance, and display of artifacts and documents.
(2) Of amounts available for distribution after the payment
under paragraph (1)--
(A) One third shall be distributed to the National
Center for Missing & Exploited Children, to be used for
finding missing children and combating child sexual
exploitation.
(B) One third shall be distributed to the Federal
Law Enforcement Officers Association Foundation, to be
used--
(i) to provide financial assistance for--
(I) surviving family members of
Federal law enforcement members killed
in the line of duty;
(II) Federal law enforcement members
who have become disabled; and

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(III) Federal law enforcement
employees and their families in select
instances, such as severe trauma or
financial loss, where no other source of
assistance is available;
(ii) to provide scholarships to students
pursuing a career in the law enforcement field;
and
(iii) to provide selective grants to
charitable organizations.
(C) One third shall be distributed to the National
Law Enforcement Officers Memorial Fund, to support the
construction of the National Law Enforcement Museum and
the preservation and display of its artifacts.

(c) Audits.--All organizations, associations, and funds shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received under subsection
(b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may be
included with respect to this issuance under this Act of any coin during
a calendar year if, as of the time of such issuance, the issuance of
such coin would result in the number of commemorative coin programs
issued during such year to exceed the annual 2 commemorative coin
program issuance limitation under section 5112(m)(1) of title 31, United
States Code (as in effect on the date of the enactment of this Act). The
Secretary of the Treasury may issue guidance to carry out this
subsection.
SEC. 8. FINANCIAL ASSURANCES.

The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not result
in any net cost to the United States Government;
(2) no funds, including applicable surcharges, shall be
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of machinery,
overhead expenses, marketing, and shipping) is recovered by the
United States Treasury, consistent with sections 5112(m) and
5134(f) of title 31, United States Code.

Approved April 2, 2012.

LEGISLATIVE HISTORY--H.R. 886:
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CONGRESSIONAL RECORD:
Vol. 157 (2011):
Dec. 13, 15, considered and passed
House.
Vol. 158 (2012):
Mar. 15, considered and passed
Senate, amended.
Mar. 21, House concurred in Senate
amendment.