[Congressional Record Volume 157, Number 191 (Tuesday, December 13, 2011)] [House] [Pages H8828-H8831] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] {time} 1920 UNITED STATES MARSHALS SERVICE 225TH ANNIVERSARY COMMEMORATIVE COIN ACT Mr. JONES. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 886) 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, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 886 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 ``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. (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.-- (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 [[Page H8829]] States Marshals Service and the Commission of Fine Arts; 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 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 (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. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from North Carolina (Mr. Jones) and the gentleman from New York (Mr. Meeks) each will control 20 minutes. The Chair recognizes the gentleman from North Carolina. General Leave Mr. JONES. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and to add extraneous material on this bill. The SPEAKER pro tempore. Is there objection to the request of the gentleman from North Carolina? There was no objection. Mr. JONES. Mr. Speaker, I would like to submit an exchange of letters with the Ways and Means Committee regarding this bill. House of Representatives, Committee on Ways and Means, Washington, DC, December 13, 2011. Hon. Spencer Bachus, Chairman, Committee on Financial Services, Washington, DC. Dear Chairman Bachus, I am writing concerning H.R. 886, the ``United States Marshals Service 225th Commemorative Coin Act,'' which is scheduled for Floor action today. As you know, the Committee on Ways and Means maintains jurisdiction over matters that concern raising revenue. H.R. 886 contains a provision that establishes a surcharge for the sale of commemorative coins that are minted under the bill, and this falls within the jurisdiction of the Committee on Ways and Means. However, as part of our ongoing understanding regarding commemorative coin bills and in order to expedite this bill for Floor consideration, the Committee will forgo action. This is being done with the understanding that it does not in any way prejudice the Committee with respect to the appointment of conferees or its jurisdictional prerogatives on this or similar legislation in the future. I would appreciate your response to this letter, confirming this understanding with respect to H.R. 886, and would ask that a copy of our exchange of letters on this matter be included in the Congressional Record during Floor consideration. Sincerely, Dave Camp, Chairman. ____ House of Representatives, Committee on Financial Services, Washington, DC, December 13, 2011. Hon. Dave Camp, Chairman, Committee on Ways and Means, House of Representatives, Washington, DC. Dear Chairman Camp: I am writing in response to your letter regarding H.R. 886, the United States Marshals Service 225th Anniversary Commemorative Coin Act, which is scheduled under for Floor consideration under suspension of the rules on Tuesday, December 13, 2011. I wish to confirm our mutual understanding on this bill. As you know, section 7 of the bill establishes a surcharge for the sale of commemorative coins that are minted under the bill. I acknowledge your committee's jurisdictional interest in such surcharges as revenue matters and appreciate your willingness to forego action by the Committee on Ways and Means on H.R. 886 in order to allow the bill to come to the Floor expeditiously. Also, I agree that your decision to forego further action on this bill will not prejudice the Committee on Ways and Means with respect to its jurisdictional prerogatives on this or similar legislation. Therefore, I would support your request for conferees on those provisions within your jurisdiction should this bill be the subject of a House-Senate conference. I will include this exchange of letters in the Congressional Record when this bill is considered by the House. Thank you again for your assistance and if you should need anything further, please do not hesitate to contact Natalie McGarry of my staff at 202-225-7502. Sincerely, Spencer Bachus, Chairman. I yield such time as he may consume to the gentleman from Arkansas (Mr. Womack), the sponsor of the bill. Mr. WOMACK. I thank the gentleman for yielding. Mr. Speaker, in 2005 16 cities competed for the right to become the home of the U.S. Marshals Museum. The city in my district, Fort Smith, was one of the two finalists and was ultimately chosen for many reasons, one of which was its strong historical connection to the U.S. Marshals Service. Fort Smith was, for many years, the seat of justice, not only for the western district of Arkansas but Indian territory as well. More marshals and deputies have been killed in the line of duty out of the western district of Arkansas than any other district in the country. Most were killed riding out under famed Judge Isaac C. Parker, immortalized by the novel, ``True Grit,'' and the movies by the same name. A few months ago, Mr. Speaker, I introduced legislation to mint a coin to commemorate the 225th anniversary of the U.S. Marshals Service. Today I'm pleased to be standing here with the opportunity to urge my fellow Members, many of whom are cosponsors of this bill, to join me in honoring a truly deserving institution. [[Page H8830]] The proceeds from the sale of these coins will assist in the preservation and maintenance of artifacts and documents which will be displayed in the U.S. Marshals Museum. Additional proceeds will go to the Federal Law Enforcement Officers Association, the National Law Enforcement Museum, and the National Center for Missing and Exploited Children. The museum, which will overlook the beautiful Arkansas River, will consist of 20,000 square feet of exhibit space to highlight pivotal moments in the history of the U.S. Marshals Service, such as the ``Going Snake Massacre'' of April 15, 1872, which left one deputy and seven posse men dead in the bloodiest day in Marshals history. This event will be the central exhibit of this museum. A Hall of Honor for fallen marshals will also be part of the more than $50 million facility, paying tribute to those killed in the line of duty, from Robert Forsythe in 1794 to Deputy Marshals Derek Hotsinpiller and John Perry in 2011. In addition to serving as a symbol and constant reminder of the character and tradition of one of America's greatest institutions, this commemorative coin will allow the U.S. Marshals Museum to honor past marshals like Bass Reeves, who, in 1875, was commissioned as one of the first African American deputy marshals west of the Mississippi River. Reeves was a skilled gunslinger, who, on one occasion, brought in 19 horse thieves to the Federal jail in Fort Smith, all by himself. But as the Nation's oldest law enforcement agency, Bass Reeves is only one of many characters etched into the storied history of the U.S. Marshals Service, including the famous Three Guardsmen of the Oklahoma Territory, Wild Bill Hickok, the Earp brothers, Virgil, Morgan, and, briefly, Wyatt, along with Doc Holliday during the shootout at the OK Corral. Today that same grit and courage defines the Marshals Service. U.S. marshals were in Oxford, Mississippi, to protect James Meredith when he became the first African American to attend the University of Mississippi. U.S. marshals were in the State of Washington when convicted Soviet spy Christopher Boyce was captured when he escaped from prison. And U.S. marshals were in Oklahoma and New York to administer justice following the terrorist attacks that took the lives of innocent Americans. Since 1789 the U.S. Marshals Service has served this country with dedication and distinction, upholding its creed of justice, integrity, and service. And today, U.S. marshals continue to play an integral role in the security of our country. They assist when tragedy strikes. They ensure the safety and well-being of Federal officials, and they track down and apprehend some of the most dangerous fugitives, murderers, sex offenders, and gang members, with little regard for their own safety. Mr. Speaker, the U.S. Marshals Service has meant so much to so many. Over the course of history, more than 250 marshals have given that ultimate sacrifice. They have selflessly given their own lives to protect our way of life. This coin will serve as a token of our appreciation and a symbol of their sacrifice. Mr. Speaker, there are a lot of people to thank, including the 300- plus cosponsors of this legislation who, with their cosponsorship, made considering of this bill possible. I want to thank Chairman Bachus for his support in moving this bill forward through committee. I want to thank my friend Mike Ross of the Fourth District of Arkansas for his personal involvement in seeking cosponsors for this legislation and his unfailing support for the construction of this museum. I want to thank the gentleman from Arizona, Ed Pastor. Ed took this legislation to the Hispanic Caucus and got widespread support there. Thanks also to the late Ray Baker, the mayor of Fort Smith, who was in the early beginnings of the development of this museum project, and current mayor, Sandy Sanders. I want to thank the CEO of the Marshals Museum Organization, Jim Dunn and Jim Johnson, and very soon they will be conducting nationwide campaigns to see that the funding is possible to construct this museum. Mr. Speaker, I'm proud to have sponsored this legislation. I also want to thank my friend, John Boozman, my predecessor who began this process in a previous Congress and I know will work very hard in the Senate to champion this legislation through the other body. I'm proud to have been the sponsor, but more than anything, I'm proud of what the U.S. Marshals Service means to our country. And I am anxiously looking forward to the construction of this museum so that we can showcase the museum, the institution of the Marshals Service, and the great city of Fort Smith and the Third District of Arkansas to all who will come and see. Mr. MEEKS. Mr. Speaker, I yield myself such time as I may consume. I am proud to support H.R. 886, the United States Marshals Service 225th Anniversary Commemorative Coin Act. This bill honors our Nation's oldest Federal law enforcement agency and requires the Secretary of the Treasury to mint three different coins to celebrate the Marshals' 225th anniversary. The first President of the United States of America, George Washington, had the privilege of nominating the first 13 marshals, who were then confirmed by the Senate. Since those days of the early Republic, the Marshals have continued their brave service to the Nation. Among the duties the Marshals have undertaken include combating counterfeiting from 1789 to 1865, when the Secret Service was established; conducting the national census, from 1790 to 1879; and confiscating property used by the Confederacy during the Civil War. Today, there is a U.S. Marshal in each of the 94 Federal districts, protecting the legal system. As a former prosecutor, I can attest to the importance that marshals play in our judiciary system. U.S. marshals, among their other duties, protect the Federal judiciary, allowing our country to maintain a system of fairness and integrity. They also protect witnesses and jurors, enabling citizens to engage in a high duty of serving their communities. The U.S. Marshals have so many great accomplishments. But one that's of special consideration for me, as a young child, one of the greatest accomplishments that I can recall is doing their service during the civil rights era, when the rule of law was under threat in the South. When riots broke out over the enrollment of James Meredith, a young African American student at Ole Miss, it was the U.S. Marshals Service that protected him with a 24-hour detail for an entire year. {time} 1930 One cannot underestimate the role they played in helping desegregate the South and promoting our great Nation to the point where we are today to where even in fact the 44th President of the United States of America is an African American. So I am pleased to pay tribute to the Marshals Service by supporting this act, and I urge my colleagues to do the same. I reserve the balance of my time. Mr. JONES. I have no further speakers; so I reserve the balance of my time. Mr. MEEKS. Mr. Speaker, I yield such time as he may consume to the gentleman from Arkansas (Mr. Ross). Mr. ROSS of Arkansas. Mr. Speaker, I rise today in support of H.R. 886, the United States Marshals Service 225th Anniversary Commemorative Coin Act. I'm proud to be an original cosponsor of this bill and to work very closely with my colleague from Arkansas, Mr. Womack, to issue a commemorative coin honoring the 225th anniversary of the United States Marshals Service in helping to raise money for the U.S. Marshals museum in Fort Smith, Arkansas. The very first Congress with its very first bill created the U.S. Marshals Service when President George Washington signed the Judiciary Act of 1789. This was the same bill that created the entire Federal judicial system, and today the U.S. Marshals Service remains the Nation's oldest Federal law enforcement agency. My home State of Arkansas has a proud chapter in the history of the U.S. Marshals Service. As a young State, Arkansas sat on the western edge of a growing Nation in the late 1800s, and it would be the U.S. Marshals and their deputies based out of Forth Smith, Arkansas, that had jurisdiction over [[Page H8831]] 74,000 square miles, an area where countless numbers of dangerous criminals fled into Indian territory to escape prosecution. Home to Judge Parker's courthouse, Fort Smith became the center of law and order in the Western United States throughout much of the late 19th century. Charles Portis' 1968 novel ``True Grit'' first introduced Fort Smith, Arkansas, to many Americans and its role in the history of the U.S. Marshals Service. An Arkansan born and raised in El Dorado, Arkansas, in my congressional district, Charles Portis later saw his novel turned into the 1969 movie starring Arkansas native and recording artist, singer Glen Campbell, and John Wayne as U.S. Marshal Rooster Cogburn; and more recently, the 2010 remake of the movie featuring Jeff Bridges in the same role. The importance of Fort Smith, Arkansas, to the U.S. Marshals Service is in part why the city will also be home to the U.S. Marshals museum, to be funded partly by sales from the U.S. Marshals Service 225th Anniversary Commemorative Coin. When finished, the U.S. Marshals museum will be a world class national museum with over 20,000 square feet helping to share the history and legacy of the U.S. Marshals Service. Most importantly, it will serve as a memorial for all of those within the U.S. Marshals Service who gave their lives in service to our country. Today more than 4,000 U.S. Marshals, deputy marshals, and criminal investigators make up the modern U.S. Marshals Service, carrying out many of the duties first assigned to them more than two centuries ago. Our U.S. Marshals and deputy marshals protect the Federal judicial system, apprehend Federal fugitives, seize property, house and transport Federal prisoners, and operate the witness security program. They continue to risk their lives to preserve and protect law and order, the very basic tenet of our American democracy and, yes, our way of life. Mr. Speaker, this bill, which will not add a single dime to the deficit, will allow our Nation to recognize, honor, and thank the sacrifices that so many U.S. marshals and deputy marshals have made to this country over the past 225 years. It will also generate revenue from the U.S. Marshals Service 225th anniversary Commemorative Coin sales to help build a museum in their honor in Fort Smith, Arkansas, so that this generation and the generations that follow will know the truly American story of the U.S. Marshals Service. So, Mr. Speaker, I'm proud to join my colleague from Arkansas (Mr. Womack) in offering up a bipartisan bill, and I'm asking you to join me in voting for H.R. 886, the United States Marshals Service 225th Anniversary Commemorative Coin Act. Again I'd like to thank the gentleman from Arkansas, Mr. Womack, for his steadfast leadership and hard work to see this day become a reality. Mr. MEEKS. Mr. Speaker, as we close, it is important for us to remember the history of our great country. And by celebrating the 225th anniversary of the United States Marshals Service, that's exactly what we're doing. By creating this museum for the preservation and the maintenance and the display of artifacts and documents--and it is important--the money, the first $5 million in surcharge proceeds, will do just that. But the money that's additionally raised will be utilized for great purposes. The National Center for Missing and Exploited Children will be beneficiaries, and the Federal Law Enforcement Officers Association Foundation will be beneficiaries, and the National Law Enforcement Officers Memorial Fund will be beneficiaries. And they would have to raise matching funds for a coin that is sold. These coins are for sale. So we will be able to commemorate the United States Marshals and the service that they have rendered to this country, and in addition thereto be able to support three much-needed organizations for individuals who really need the support of those three organizations. So I ask all of my colleagues to join us on H.R. 886, the United States Marshals Service 225th Anniversary Commemorative Coin Act, and vote ``aye.'' I yield back the balance of my time. Mr. JONES. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from North Carolina (Mr. Jones) that the House suspend the rules and pass the bill, H.R. 886, as amended. The question was taken. The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it. Mr. MEEKS. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present. The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. ____________________