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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘John Marshall Com-
memorative Coin Act’’. 
SEC. 2. FINDINGS. 
The Congress hereby finds as follows: 
(1) John Marshall served as the Chief Justice 
of the United States Supreme Court from 1801 to 
1835, the longest tenure of any Chief Justice in the 
Nation’s history. 
(2) John Marshall authored more than 500 
opinions, including virtually all of the most impor-
tant cases decided by the Supreme Court during his 
tenure. 
(3) Under his leadership, the Supreme Court of 
the United States gave shape to the fundamental 
principles of the Constitution, most notably the prin-
ciple of judicial review. 
(4) John Marshall’s service to the United 
States—not only as a Chief Justice, but also as a 
soldier in the Revolutionary War, as a Member of 
Congress, and as Secretary of State—truly makes 
him one of the most important figures in our Na-
tion’s history. 
SEC. 3. COIN SPECIFICATIONS. 
(a) DENOMINATION.—In commemoration of the 
250th anniversary of the birth of Chief Justice John Mar-
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shall, the Secretary of the Treasury (hereafter in this Act 
referred to as the ‘‘Secretary’’) shall mint and issue not 
more than 400,000 $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. 
(c) NUMISMATIC ITEMS.—For purposes of sections 
5134 and 5136 of title 31, United States Code, all coins 
minted under this Act shall be considered to be numis-
matic 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 Chief 
Justice John Marshall and his immeasurable con-
tributions to the Constitution of the United States 
and the Supreme Court of the United States.
(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
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(C) inscriptions of the words ‘‘Liberty’’, 
‘‘In God We Trust’’, ‘‘United States of Amer-
ica’’, 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 Commission of Fine Arts, and the Supreme 
Court Historical Society; and 
(2) reviewed by the Citizens Coin 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) COMMENCEMENT OF ISSUANCE.—The Secretary 
may issue coins minted under this Act beginning January 
1, 2005. 
(d) TERMINATION
OF MINTING AUTHORITY.—No 
coins may be minted under this Act after December 31, 
2005.
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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) BULK SALES.—The Secretary shall make bulk 
sales of the coins issued under this Act at a reasonable 
discount. 
(c) 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 pre-
paid orders under paragraph (1) shall be at a rea-
sonable discount. 
(d) MARKETING.—The Secretary, in cooperation with 
the Legacy Fund of the Library of Congress, shall develop 
and implement a marketing program to promote and sell 
the coins issued under this Act both within the United 
States and internationally.
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SEC. 7. SURCHARGES. 
(a) IN GENERAL.—All sales of coins minted under 
this Act shall include a surcharge of $10 per coin. 
(b) 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 Supreme 
Court Historical Society for the purposes of—
(1) supporting historical research and edu-
cational programs about the Supreme Court and the 
Constitution of the United States and related topics; 
(2) supporting fellowship programs, internships, 
and docents at the Supreme Court; and 
(3) collecting and preserving antiques, artifacts, 
and other historical items related to the Supreme 
Court and the Constitution of the United States and 
related topics. 
(c) AUDITS.—The Supreme Court Historical Society 
shall be subject to the audit requirements of section 
5134(f)(2) of title 31, United States Code, with regard 
to the amounts received by the Society under subsection 
(b).
(d) LIMITATION.—Notwithstanding subsection (a), 
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
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would result in the number of commemorative coin pro-
grams 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 Sec-
retary of the Treasury may issue guidance to carry out 
this subsection.
Passed the House of Representatives July 14, 2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.