To require the Secretary of the Treasury to mint coins in commemoration of David Crockett and his contributions to American history.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``David `Davy' Crockett Commemorative 
Coin Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) The year 2005 marks the 175th anniversary of a 
        courageous vote on the floors of Congress by David Crockett.
            (2) In 1830, during the 21st Congress, Representative David 
        Crockett rose to speak out in opposition to a bill for the 
        funding of the removal of Southeastern Native American tribes 
        to the west of the Mississippi River.
            (3) He was the only Member of Congress from his State to 
        oppose the bill, was fully aware that the majority of his 
        constituents favored the bill, and understood that he was 
        providing his political foes with an issue that they could--and 
        did--use to attack him.
            (4) Undaunted by threats of political retaliation, he 
        refused to support a bill designed to remove what he called 
        ``the poor remnants of a once powerful people'' from their 
        ancestral homes, claiming instead that he would ``sooner be 
        honestly and politically damned, than hypocritically 
        immortalized''.
            (5) The year 2005 also marks the 50th anniversary of the 
        release of a feature-length motion picture that returned David 
        Crockett to the position he had enjoyed 125 years earlier as 
        the classic image of the American frontier and the best 
        reflection of the frontier spirit.
            (6) As ``Davy'' Crockett, he was popularized in movies and 
        television, and he became a cultural icon of the 1950s.
            (7) David Crockett first appeared on the national scene as 
        the representative of a new, proud, and irreverent American 
        character and culture, unique and apart from European customs 
        and mores.
            (8) As a young man from the backwoods of East Tennessee, 
        David Crockett mastered the skills necessary for life on the 
        American frontier, including marksmanship and hunting.
            (9) The first rifle he owned, with which he developed those 
        skills, is included in the collection at the East Tennessee 
        Historical Society and will be featured prominently when the 
        Historical Society opens its expanded museum exhibit in 2005.
            (10) His quick wit and natural leadership abilities allowed 
        him to move from the humblest of settings to the halls of 
        Congress.
            (11) David Crockett was a committed public servant serving 
        2 terms in the Tennessee General Assembly and 3 terms in the 
        United States House of Representatives.
            (12) During the last 3 months of his life, he fought with 
        others to secure independence for the Republic of Texas before 
        he died a hero's death at the Alamo at the age of 49.
            (13) His life was chronicled during and immediately after 
        his lifetime through theatrical productions, biographies, and 
        in a series of almanacs from 1835-1856, galvanizing his persona 
        as a true American folk hero.
            (14) He has been the subject of at least 17 motion pictures 
        and 12 television programs during the 20th century.
            (15) David Crockett personified the spirit of independence, 
        individualism, and justice in his opposition to the Indian 
        removal bill, a position that was opposed by powerful political 
        opponents, unpopular with a majority of his own constituents, 
        but dedicated to principle.
            (16) He was guided in this, as he was throughout his life, 
        by his best-known maxim: ``Be always sure you are right, then 
        go ahead.''.

SEC. 3. COIN SPECIFICATIONS.

    (a) Denominations.--In commemoration of the achievements and legacy 
of David Crockett, the Secretary of the Treasury (hereinafter 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 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 
                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 section 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.--
            (1) In general.--The design of the coins minted under this 
        Act shall be emblematic of the legacy of David Crockett and his 
        importance to Tennessee, Texas, and the history 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'', ``E Pluribus 
                Unum'', and ``David `Davy' Crockett 1786-1836''.
    (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 Board of the East Tennessee 
        Historical Society; and
            (2) reviewed by the Citizens Coinage 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) Period for Issuance.--The Secretary may issue coins minted 
under this Act only during the period beginning on January 1, 2005, and 
ending on 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.

SEC. 7. SURCHARGES.

    (a) In General.--All sales of coins minted under this Act shall 
include a surcharge as follows:
            (1) $35 per coin for the $5 coin.
            (2) $10 per coin for the $1 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 East Tennessee Historical Society to be used--
            (1) to fund capital improvements for The East Tennessee 
        Historical Society and its museum; and
            (2) to establish an endowment to be a permanent source of 
        support for The East Tennessee Historical Society and its vital 
        mission of preserving, interpreting, and promoting the history 
        of Tennessee, focusing on East Tennessee.
    (c) Audits.--The East Tennessee 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 Foundation 
under subsection (b).

Summary: David Davy Crockett Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue not more than 100,000 five dollar gold coins and 500,000 one dollar coins emblematic of David Crockett's legacy and his importance to Tennessee, Texas, and the history of the United States. And (2) pay surcharges received from the sale of such coins to the East Tennessee Historical Society to fund capital improvements for the Society and its museum and to establish an endowment as a permanent source of support for the Society and its mission of preserving, interpreting, and promoting the history of Tennessee.