Text: H.R.886 — 112th Congress (2011-2012)All Bill Information (Except Text)

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Public Law No: 112-104 (04/02/2012)

 
[112th Congress Public Law 104]
[From the U.S. Government Printing Office]



[[Page 285]]

 UNITED STATES MARSHALS SERVICE 225TH ANNIVERSARY COMMEMORATIVE COIN ACT

[[Page 126 STAT. 286]]

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. <<NOTE: Apr. 2, 2012 -  [H.R. 886]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: United States 
Marshals Service 225th Anniversary Commemorative Coin Act. 31 USC 5112 
note.>> 
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.

[[Page 126 STAT. 287]]

            (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.--

[[Page 126 STAT. 288]]

                          (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.

[[Page 126 STAT. 289]]

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

[[Page 126 STAT. 290]]

                                    (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.

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