H. R. 2768
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To require the Secretary of the Treasury to mint coins in commemoration of Chief
Justice John Marshall.
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 ‘‘John Marshall Commemorative
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 important 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 Constitu-
tion, most notably the principle 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
Nation’s history.
SEC. 3. COIN SPECIFICATIONS.
(a) DENOMINATION.—In commemoration of the 250th anniver-
sary of the birth of Chief Justice John Marshall, 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 numismatic items.
SEC. 4. DESIGN OF COINS.
(a) DESIGN REQUIREMENTS.—
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(1) IN GENERAL.—The design of the coins minted under
this Act shall be emblematic of Chief Justice John Marshall
and his immeasurable contributions 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
(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
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.
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 prepaid orders
under paragraph (1) shall be at a reasonable 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.
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
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the Secretary to the Supreme Court Historical Society for the pur-
poses of—
(1) supporting historical research and educational 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 Constitu-
tion 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 would result in the number of commemora-
tive 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.