PUBLIC LAW 108–291—AUG. 6, 2004

MARINE CORPS 230TH ANNIVERSARY

COMMEMORATIVE COIN ACT

118 STAT. 1024 PUBLIC LAW 108–291—AUG. 6, 2004

Public Law 108–291

108th Congress

An Act

To require the Secretary of the Treasury to mint coins in commemoration of the

230th Anniversary of the United States Marine Corps, and to support construction

of the Marine Corps Heritage Center.

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 ‘‘Marine Corps 230th Anniversary

Commemorative Coin Act’’.

SEC. 2. FINDINGS.

The Congress finds that—

(1) November 10, 2005, marks the 230th anniversary of

the United States Marine Corps;

(2) the United States Marine Corps has, over the course

of its illustrious 230-year history, fought gallantly in defense

of the United States;

(3) the United States Marine Corps has, over the course

of its storied history, established itself as the Nation’s military

leader in amphibious warfare, and will continue in that role

as the United States faces the challenges of the 21st Century;

(4) the United States Marine Corps continues to exemplify

the warrior ethos that has made it a fighting force of international repute;

(5) all Americans should commemorate the legacy of the

United States Marine Corps so that the values embodied in

the ‘‘Corps’’ are recognized for the significant contribution they

have made in protecting the United States against its enemies;

(6) in 2001, the Congress authorized the construction of

the Marine Corps Heritage Center, the purpose of which is

to provide a multipurpose facility to be used for historical

displays for the public viewing, curation, and storage of artifacts, research facilities, classrooms, offices, and associated

activities, consistent with the mission of the Marine Corps;

(7) the Marine Corps Heritage Center is scheduled to open

on November 10, 2005;

(8) the United States should pay tribute to the 230th

anniversary of the United States Marine Corps by minting

and issuing a commemorative silver dollar coin; and

(9) the surcharge proceeds from the sale of a commemorative coin, which would have no net costs to the taxpayers,

would raise valuable funding for the construction of the Marine

Corps Heritage Center.

Marine Corps

230th

Anniversary

Commemorative

Coin Act.

31 USC 5112

note.

Aug. 6, 2004

[H.R. 3277]

PUBLIC LAW 108–291—AUG. 6, 2004 118 STAT. 1025

SEC. 3. COIN SPECIFICATIONS.

(a) $1 SILVER COINS.—The Secretary of the Treasury (hereafter

in this Act referred to as the ‘‘Secretary’’) shall mint and issue

not more than 500,000 $1 coins, each of which shall—

(1) weigh 26.73 grams;

(2) have a diameter of 1.500 inches; and

(3) contain 90 percent silver and 10 percent copper.

(b) LEGAL TENDER.—The coins minted under this Act shall

be legal tender, as provided in section 5103 of title 31, United

States Code.

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 warrior ethos of the United

States Marine Corps.

(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 the year ‘‘2005’’; and

(C) inscriptions of the words ‘‘Liberty’’, ‘‘In God We

Trust’’, ‘‘United States of America’’, and ‘‘E Pluribus

Unum’’.

(b) SELECTION.—The design for the coins minted under this

Act shall be—

(1) selected by the Secretary, after consultation with the

Marine Corps Historical Division and the Commission of Fine

Arts; and

(2) reviewed by the Citizens Coinage Advisory Committee.

SEC. 5. ISSUANCE OF COINS.

(a) QUALITY OF COINS.—Coins minted under this Act shall

be issued in uncirculated and proof qualities.

(b) MINT FACILITY.—Only 1 facility of the United States Mint

may be used to strike any particular quality of the coins minted

under this Act.

(c) PERIOD FOR ISSUANCE.—The Secretary may issue coins

minted under this Act only during the 1-year period beginning

on January 1, 2005.

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 subsection (b) 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) SURCHARGES.—All sales of coins issued under this Act shall

include a surcharge of $10 per coin.

(c) BULK SALES.—The Secretary shall make bulk sales of coins

issued under this Act at a reasonable discount.

(d) PREPAID ORDERS.—

(1) IN GENERAL.—The Secretary shall accept prepaid orders

for coins minted under this Act before the issuance of such

coins.

118 STAT. 1026 PUBLIC LAW 108–291—AUG. 6, 2004

LEGISLATIVE HISTORY—H.R. 3277:

HOUSE REPORTS: No. 108–474, Pt. 1 (Comm. on Financial Services) and Pt. 2

(Comm. on Ways and Means).

CONGRESSIONAL RECORD,

Vol. 150 (2004):

July 14, considered and passed House.

July 20, considered and passed Senate.

Æ

(2) DISCOUNT.—Sale prices with respect to prepaid orders

under paragraph (1) should be at a reasonable discount.

(e) LIMITATION.—Notwithstanding subsection (b), no surcharge

may be included with respect to the 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. 7. DISTRIBUTION OF SURCHARGES.

(a) DISTRIBUTION.—Subject to section 5134(f) of title 31, United

States Code, all surcharges received by the Secretary from the

sale of coins issued under this Act shall be promptly paid by

the Secretary to the Marine Corps Heritage Foundation for the

purposes of construction of the Marine Corps Heritage Center,

as authorized by section 1 of Public Law 106–398 (114 Stat. 1654).

(b) AUDIT.—The Marine Corps Heritage Foundation 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 (a).

Approved August 6, 2004.