108TH CONGRESS
2D SESSION
H. R. 2768
AN ACT
To require the Secretary of the Treasury to mint
coins in commemoration of Chief Justice John
Marshall.
108TH CONGRESS
2D SESSION
H. R. 2768
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 Representa-
tives of the United States of America in Congress assembled,
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-
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
(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.
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.
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
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:
Clerk.