109TH CONGRESS

1ST SESSION S. 863

AN ACT

To require the Secretary of the Treasury to mint coins

in commemoration of the centenary of the bestowal of

the Nobel Peace Prize on President Theodore Roosevelt,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Theodore Roosevelt

5 Commemorative Coin Act’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) Theodore Roosevelt, one of America’s great4 est Presidents, was born on October 27, 1858, in

5 New York City, New York;

6 (2) at the young age of 23, Theodore Roosevelt

7 was elected to the first of 3 terms as a representa8 tive in the New York State Assembly (1882–1884);

9 (3) President William Harrison appointed

10 Theodore Roosevelt as the United States Civil Serv11 ice Commissioner in 1889, a post he held until 1895,

12 serving 2 successive Presidents;

13 (4) from 1895 to 1897, Theodore Roosevelt

14 served as Commissioner of the New York City Police

15 Department;

16 (5) while serving as Assistant Secretary of the

17 Navy under President William McKinley in 1897

18 and 1898, Theodore Roosevelt organized the First

19 United States Volunteer Cavalry Regiment, popu20 larly known as the ‘‘Rough Riders’’, and served as

21 Colonel of this regiment during the Spanish-Amer22 ican War;

23 (6) from 1898 to 1900, Theodore Roosevelt

24 served as Governor of New York;
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1 (7) in 1900, upon the reelection of President

2 McKinley, Theodore Roosevelt was elected as the

3 25th Vice-President of the United States;

4 (8) as the 26th President of the United States

5 beginning in 1901, Theodore Roosevelt took a very

6 active role in foreign affairs, establishing the United

7 States as a new world power, and instituting broad

8 reforms at home, particularly with respect to labor,

9 monopolies, and conservation, until the end of his

10 presidency in 1909;

11 (9) Theodore Roosevelt’s commitment to con12 servation stemmed from his experiences as a rancher

13 in the badlands of North Dakota from 1883 to 1886

14 and earned him the title of the ‘‘Conservationist

15 President’’ for his efforts in establishing 51 Bird

16 Reserves, 4 Game Preserves, 150 National Forests,

17 5 National Parks, and 18 National Monuments, to18 taling nearly 230,000,000 acres of land placed under

19 public protection during his presidency;

20 (10) on January 16, 2001, Theodore Roosevelt

21 was posthumously awarded the Congressional Medal

22 of Honor for leading a charge up the San Juan

23 Heights in Cuba during the Spanish-American War,

24 shortly before the war ended, thereby becoming the
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1 first President of the United States to be awarded

2 the Congressional Medal of Honor; and

3 (11) 2006 marks the 100th anniversary of

4 Theodore Roosevelt being awarded the Nobel Peace

5 Prize, the first citizen of the United States to receive

6 such prize, for negotiating the 1905 peace treaty

7 ending the Russo-Japanese War.

8 SEC. 3. COIN SPECIFICATIONS.

9 (a) DENOMINATIONS.—The Secretary of the Treas10 ury (referred to in this Act as the ‘‘Secretary’’) shall mint

11 and issue the following coins:

12 (1) $1 SILVER COINS WITH ROUGH RIDER DE13 SIGN.—Not more than 500,000 $1 coins bearing the

14 designs specified in section 4(a)(2), each of which

15 shall—

16 (A) weigh 26.73 grams;

17 (B) have a diameter of 1.500 inches; and

18 (C) contain 90 percent silver and 10 per19 cent copper.

20 (2) $1 SILVER COINS WITH ADVENTURER DE21 SIGN.—Not more than 500,000 $1 coins bearing the

22 designs specified in section 4(a)(3), each of which

23 shall—

24 (A) weigh 26.73 grams;

25 (B) have a diameter of 1.500 inches; and
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1 (C) contain 90 percent silver and 10 per2 cent copper.

3 (b) LEGAL TENDER.—The coins minted under this

4 Act shall be legal tender, as provided in section 5103 of

5 title 31, United States Code.

6 (c) NUMISMATIC ITEMS.—For purposes of sections

7 5134 and 5136 of title 31, United States Code, all coins

8 minted under this Act shall be considered to be numis9 matic items.

10 (d) USE OF THE UNITED STATES MINT AT WEST

11 POINT, NEW YORK.—It is the sense of Congress that the

12 coins minted under this Act should be struck at the United

13 States Mint at West Point, New York, to the greatest ex14 tent possible.

15 SEC. 4. DESIGN OF COINS.

16 (a) DESIGN REQUIREMENTS.—

17 (1) IN GENERAL.—The design of the coins

18 minted under this Act shall—

19 (A) be emblematic of the life and legacy of

20 President Theodore Roosevelt; and

21 (B) use the designs of James Earle Fraser

22 or Augustus Saint-Gaudens, 2 sculptors most

23 closely associated with the revitalization of the

24 United States coinage, commonly referred to as

25 the ‘‘Golden Age of American Coin Design’’,
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1 that was initiated by President Theodore Roo2 sevelt.

3 (2) $1 COINS WITH ROUGH RIDER DESIGN.—

4 (A) OBVERSE.—The obverse of the coins

5 minted under section 3(a)(1) shall bear the

6 image of Theodore Roosevelt as a Rough Rider

7 that was used on the James Earle Fraser

8 medal of 1920.

9 (B) REVERSE.—The reverse of the coins

10 minted under section 3(a)(1) shall bear the

11 eagle design, with motto, from the $20 gold

12 ‘‘double eagle’’ coin produced between 1907 and

13 1933 and designed by Augustus Saint-Gaudens.

14 (3) $1 COINS WITH ADVENTURER DESIGN.—

15 (A) OBVERSE.—The obverse of the coins

16 minted under section 3(a)(2) shall bear the

17 image of Theodore Roosevelt on horseback,

18 based on James Earle Fraser’s monumental 16-

19 foot high bronze equestrian figure of Roosevelt

20 that—

21 (i) stands at the east front of the

22 American Museum of Natural History in

23 New York City; and

24 (ii) recognizes Roosevelt’s lifelong ac25 tivity as a naturalist and conservationist
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1 and emphasizes him as an adventurer, out2 doorsman, and hunter.

3 (B) REVERSE.—The reverse of the coins

4 minted under section 3(a)(2) shall bear the de5 sign based on the reverse designs by James

6 Earle Fraser used on the Roosevelt Memorial

7 Association Medal of Honor and the Associa8 tion’s Founders Medal that—

9 (i) depict the crusader’s flaming

10 sword of righteousness and evoke the ‘‘Big

11 Stick’’ philosophy espoused by President

12 Roosevelt; and

13 (ii) to the left and right of the flaming

14 sword in 4 lines bear the quotation ‘‘If I

15 Must Choose Between Righteousness and

16 Peace, I Choose Righteousness’’ from Roo17 sevelt’s historical work, ‘‘Unwise Peace

18 Treaties’’.

19 (4) DESIGNATION AND INSCRIPTIONS.—Each

20 coin minted under this Act shall bear—

21 (A) a designation of the value of the coin;

22 (B) an inscription of the year ‘‘2006’’; and

23 (C) inscriptions of the words ‘‘Liberty’’,

24 ‘‘In God We Trust’’, ‘‘United States of Amer25 ica’’, and ‘‘E Pluribus Unum’’.
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1 (b) SELECTION.—The design for the coins minted

2 under this Act

3 (1) selected by the Secretary, after consultation

4 with the Commission of Fine Arts; and

5 (2) reviewed by the Citizens Coinage Advisory

6 Committee established under section 5135 of title

7 31, United States Code.

8 SEC. 5. ISSUANCE OF COINS.

9 (a) QUALITY OF COINS.—Coins minted under this

10 Act shall be issued in uncirculated and proof qualities.

11 (b) COMMENCEMENT OF ISSUANCE.—The Secretary

12 may issue coins minted under this Act beginning January

13 1, 2006, except that the Secretary may initiate sales of

14 such coins, without issuance, before such date.

15 (c) TERMINATION OF MINTING AUTHORITY.—No

16 coins shall be minted under this Act after December 31,

17 2006.

18 SEC. 6. SALE OF COINS.

19 (a) SALE PRICE.—The coins minted under this Act

20 shall be sold by the Secretary at a price equal to the sum

21 of—

22 (1) the face value of the coins;

23 (2) the surcharge provided under section 7(a);

24 and
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1 (3) the cost of designing and issuing such coins

2 (including labor, materials, dies, use of machinery,

3 overhead expenses, marketing, and shipping).

4 (b) BULK SALES.—The Secretary shall make bulk

5 sales of the coins minted under this Act at a reasonable

6 discount.

7 (c) PREPAID ORDERS.—

8 (1) IN GENERAL.—The Secretary shall accept

9 prepaid orders for the coins minted under this Act

10 before the issuance of such coins.

11 (2) DISCOUNT.—Sale prices with respect to pre12 paid orders under paragraph (1) shall be at a rea13 sonable discount.

14 (d) SALES OF SINGLE COINS AND SETS OF COINS.—

15 Coins of each design specified under section 4 may be sold

16 separately or as a set containing a coin of each such de17 sign.

18 SEC. 7. SURCHARGES.

19 (a) SURCHARGE REQUIRED.—All sales of coins mint20 ed under this Act shall include a surcharge of $10 per

21 coin.

22 (b) DISTRIBUTION OF SURCHARGES.—Subject to sec23 tion 5134(f) of title 31, United States Code, and in ac24 cordance with subsection (c) of this section, all surcharges

25 received by the Secretary from the sale of coins minted
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1 under this Act shall be promptly paid by the Secretary

2 to—

3 (1) the Theodore Roosevelt Association, to be

4 used exclusively—

5 (A) for educational programs at Sagamore

6 Hill National Historic Site, including construc7 tion and maintenance of a visitor’s center; and

8 (B) to the extent that funds remain avail9 able, in the discretion of the Theodore Roo10 sevelt Association, for the support of other cu11 ratorial activities that preserve and enhance col12 lections maintained by institutions of higher

13 learning dedicated to the study and memory of

14 Theodore Roosevelt; and

15 (2) the Theodore Roosevelt Medora Foundation,

16 to be used exclusively—

17 (A) for educational programs at and

18 around the Theodore Roosevelt National Park,

19 including construction of the Theodore Roo20 sevelt Badlands Institute in the badlands of

21 North Dakota; and

22 (B) to the extent that funds remain avail23 able, in the discretion of the Theodore Roo24 sevelt Medora Foundation, for the support of

25 other curatorial activities that preserve and en-
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1 hance collections maintained by institutions of

2 higher learning dedicated to the study and

3 memory of Theodore Roosevelt.

4 (c) DISTRIBUTION OF AMOUNTS.—With respect to

5 surcharges received under this section—

6 (1) 70 percent of any such surcharges received

7 shall be paid to the Theodore Roosevelt Association;

8 and

9 (2) 30 percent any such surcharges received

10 shall be paid to the Theodore Roosevelt Medora

11 Foundation.

12 (d) AUDITS.—The Theodore Roosevelt Association

13 and the Theodore Roosevelt Medora Foundation shall be

14 subject to the audit requirements under section 5134(f)(2)

15 of title 31, United States Code.

16 SEC. 8. CONTINUED ISSUANCE OF 5-CENT COINS MINTED IN

17 2004 AND 2005.

18 Notwithstanding the fifth sentence of section

19 5112(d)(1) of title 31, United States Code, the Secretary

20 of the Treasury may continue to issue, after December

21 31, 2005, numismatic items that contain 5-cent coins

22 minted in the years 2004 and 2005.
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1 SEC. 9. LEWIS AND CLARK COIN AMENDMENTS.

2 Section 308 of the Lewis and Clark Expedition Bi3 centennial Commemorative Coin Act (31 U.S.C. 5112

4 note) is amended—

5 (1) in subsection (a), by striking ‘‘Secretary

6 as:’’ and all that follows through the end of the sub7 section and inserting the following: ‘‘Secretary for

8 expenditure on activities associated with commemo9 rating the bicentennial of the Lewis and Clark Expe10 dition, as follows:

11 ‘‘(1) NATIONAL COUNCIL OF THE LEWIS AND

12 CLARK BICENTENNIAL.—One-half to the National

13 Council of the Lewis and Clark Bicentennial.

14 ‘‘(2) MISSOURI HISTORICAL SOCIETY.—One-half

15 to the Missouri Historical Society.’’;

16 (2) by redesignating subsection (b) as sub17 section (c); and

18 (3) by inserting after subsection (a) the fol19 lowing:

20 ‘‘(b) TRANSFER OF UNEXPENDED FUNDS.—Any

21 proceeds referred to in subsection (a) that were dispersed

22 by the Secretary and remain unexpended by the National

23 Council of the Lewis and Clark Bicentennial or the Mis24 souri Historical Society as of June 30, 2007, shall be

25 transferred to the Lewis and Clark Trail Heritage Foun-
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1 dation for the purpose of establishing a trust for the stew2 ardship of the Lewis and Clark National Historic Trail.’’.

Passed the Senate December 16, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 863

AN ACT

To require the Secretary of the Treasury to mint

Theodore Roosevelt, and for other purposes.bestowal of the Nobel Peace Prize on Presidentcoins in commemoration of the centenary of the