[Congressional Record Volume 150, Number 138 (Tuesday, December 7, 2004)]
[House]
[Pages H11039-H11041]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




AMERICAN BALD EAGLE RECOVERY AND NATIONAL EMBLEM COMMEMORATIVE COIN ACT

  Mr. LaTOURETTE. Mr. Speaker, I ask unanimous consent that the 
Committee on Financial Services be discharged from further 
consideration of the bill (H.R. 4116) to require the Secretary of the 
Treasury to mint coins celebrating the recovery and restoration of the 
American bald eagle, the national symbol of the United States, to 
America's lands, waterways, and skies and the great importance of the 
designation of the American bald eagle as an ``endangered'' species 
under the Endangered Species Act of 1973, and for other purposes, and 
ask for its immediate consideration in the House.

                              {time}  1945

  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 4116

       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 ``American Bald Eagle Recovery 
     and National Emblem Commemorative Coin Act''.

     SEC. 2. FINDINGS.

       The Congress finds as follows:
       (1) The bald eagle was designated as the national emblem of 
     the United States on June 20, 1782, by our country's Founding 
     Fathers at the Second Continental Congress.
       (2) The bald eagle is the greatest visible symbol of the 
     spirit of freedom and democracy in the world.
       (3) The bald eagle species is unique to North America and 
     represents the American values and attributes of freedom, 
     courage, strength, spirit, loyalty, justice, equality, 
     democracy, quality, and excellence.
       (4) The bald eagle is the central image used in the Great 
     Seal of the United States and the seal of many branches and 
     departments of the United States Government, including the 
     President and the Vice President of the United States, the 
     United States Congress, the Department of Defense, the 
     Department of the Treasury, the Department of Justice, the 
     Department of State, the Department of Commerce, the 
     Department of Homeland Security, and the United States Postal 
     Service.
       (5) The bald eagle's image and symbolism have played a 
     profound role in establishing and honoring American beliefs 
     and traditions.
       (6) The bald eagle's image and symbolism have influenced 
     American art, music, history, literature, commerce, and 
     culture since the founding of our Nation.
       (7) The bald eagle species was once threatened with 
     possible extinction in the lower 48 States but is now making 
     a gradual, encouraging recovery within America's lands, 
     waterways, and skies.
       (8) The bald eagle was federally classified as an 
     ``endangered'' species in 1973 under the Endangered Species 
     Act of 1973, and, in 1995, was removed from the 
     ``endangered'' species list and upgraded to the less 
     imperiled ``threatened'' status under such Act.
       (9) The administration is likely to officially delist the 
     bald eagle from both the ``endangered'' and ``threatened'' 
     species lists under the Endangered Species Act of 1973 by no 
     later than 2008.
       (10) The initial recovery of the bald eagle population in 
     the United States was accomplished by the vigilant efforts of 
     numerous caring agencies, corporations, organizations, and 
     citizens.
       (11) The continued caring and concern of the American 
     people and the further restoration and protection of the bald 
     eagle and its habitat is necessary to guarantee the full 
     recovery and survival of this precious national treasure for 
     future generations.
       (12) Since the Endangered Species Act of 1973 requires that 
     delisted species be administratively monitored for a 5-year 
     period, the bald eagle nests in 49 States will require 
     continual monitoring after the bald eagle is removed from the 
     protection of such Act; and such efforts will require 
     substantial funding to the Federal and State agencies and 
     private organizations that will conduct such monitoring.
       (13) Due to Federal and State budget cutting and balancing 
     trends, funding for on-going bald eagle care, restoration, 
     monitoring, protection, and enhancement programs has 
     diminished annually.
       (14) In anticipation of the nationwide observance of the 
     official removal, by 2008, of the bald eagle from the 
     ``threatened'' species list under the Endangered Species Act 
     of 1973, and the 35th anniversary, in 2008, of the Endangered 
     Species Act of 1973 and the designation of the bald eagle as 
     an ``endangered'' species under such Act, Congress wishes to 
     offer the opportunity for all persons to voluntarily 
     participate in raising funds for future bald eagle recovery, 
     monitoring, and preservation efforts and to contribute to a 
     special American Eagle Fund endowment managed by the not-for-
     profit American Eagle Foundation of Tennessee in the United 
     States, in cooperation with fund management experts.
       (15) It is appropriate for Congress to authorize coins--
       (A) celebrating the recovery and restoration of the bald 
     eagle, the living symbol of freedom in the United States, to 
     America's lands, waterways, and skies;
       (B) commemorating the removal of the bald eagle from the 
     ``endangered'' and ``threatened'' species lists under the 
     Endangered Species Act of 1973; and
       (C) commemorating the 35th anniversary of the enactment of 
     the Endangered Species Act of 1973 and the designation of the 
     bald eagle as an ``endangered'' species under such Act.

[[Page H11040]]

     SEC. 3. COIN SPECIFICATIONS.

       (a) Denominations.--In celebration of the recovery of the 
     bald eagle, the national living symbol of freedom, to 
     America's lands, waterways, and skies and in commemoration of 
     the 35th anniversary of the enactment of the Endangered 
     Species Act of 1973 and the placement of the bald eagle on 
     the endangered species list under such Act, 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 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.
       (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 sections 5134 and 
     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 bald eagle and its history, 
     natural biology, and national symbolism.
       (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 ``2008''; and
       (C) inscriptions of the words ``Liberty'', ``In God We 
     Trust'', ``United States of America'', 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 American Eagle Foundation of 
     Tennessee in the United States; 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 1-year period beginning 
     on January 1, 2008.

     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) A surcharge of $35 per coin for the $5 coin.
       (2) A surcharge of $10 per coin for the $1 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, all surcharges received by the Secretary 
     from the sale of coins issued under this Act shall be 
     promptly paid by the Secretary to the American Eagle 
     Foundation of Tennessee in the United States for use solely 
     for the following purposes:
       (1) To establish an interest-bearing endowment called the 
     American Eagle Fund as a permanent source of support for the 
     care, monitoring, maintenance, and recovery of the bald eagle 
     and its habitat in the United States, including the 
     following:
       (A) Public education activities and events.
       (B) Habitat purchases and cooperative land agreements.
       (C) Raptor rehabilitation and captive breeding and hacking.
       (D) Behavior and migration research and wintering migration 
     counts.
       (E) Facilitate the enforcement of laws protecting the bald 
     eagle.
       (F) Nest-watch monitoring and eaglet banding.
       (G) Public viewing areas and visitor centers.
       (2) To make annual grants, in an amount not to exceed 10 
     percent of the annual income of the American Eagle Fund, to 
     Federal, State, and private eagle restoration, protection, 
     and enhancement projects within the 5 bald eagle recovery 
     regions established by the United States Fish and Wildlife 
     Service, in accordance with recommendations made by an 
     advisory committee of recognized eagle experts which the 
     Foundation shall establish.
       (3) To administer the American Eagle Fund, including 
     contracting for necessary services, in an annual amount not 
     to exceed the lesser of--
       (A) 10 percent of the annual income of the American Eagle 
     Fund; or
       (B) $250,000.
       (4) To provide financial support for capital projects 
     related to the restoration and protection of bald eagles in 
     Tennessee and in the United States, in general.
       (5) To provide financial support for the continuation and 
     expansion of the efforts of the American Eagle Foundation of 
     Tennessee in the United States to educate the American people 
     nationally about the livelihood, symbolism, and protection of 
     the bald eagle, the national symbol of the United States, 
     through the dissemination of information regarding bald 
     eagles and their habitat at special events and through the 
     media (including newspapers, magazines, radio, television, 
     the Internet, and billboards).
       (c) Audits.--The American Eagle Foundation of Tennessee in 
     the United States and the American Eagle Fund 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 or the Fund under subsection (b).

   Amendment In the Nature of a Substitute Offered by Mr. LaTourette

  Mr. LaTOURETTE. Mr. Speaker, I offer an amendment in the nature of a 
substitute.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. 
     LaTourette:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``American Bald Eagle Recovery 
     and National Emblem Commemorative Coin Act''.

     SEC. 2. FINDINGS.

       The Congress finds as follows:
       (1) The bald eagle was designated as the national emblem of 
     the United States on June 20, 1782, by our country's Founding 
     Fathers at the Second Continental Congress.
       (2) The bald eagle is the greatest visible symbol of the 
     spirit of freedom and democracy in the world.
       (3) The bald eagle species is unique to North America and 
     represents the American values and attributes of freedom, 
     courage, strength, spirit, loyalty, justice, equality, 
     democracy, quality, and excellence.
       (4) The bald eagle is the central image used in the Great 
     Seal of the United States and the seal of many branches and 
     departments of the United States Government, including the 
     President and the Vice President of the United States, the 
     United States Congress, the Department of Defense, the 
     Department of the Treasury, the Department of Justice, the 
     Department of State, the Department of Commerce, the 
     Department of Homeland Security, and the United States Postal 
     Service.
       (5) The bald eagle's image and symbolism have played a 
     profound role in establishing and honoring American beliefs 
     and traditions.
       (6) The bald eagle's image and symbolism have influenced 
     American art, music, history, literature, commerce, and 
     culture since the founding of our Nation.
       (7) The bald eagle species was once threatened with 
     possible extinction in the lower 48 States but is now making 
     a gradual, encouraging recovery within America's lands, 
     waterways, and skies.
       (8) The bald eagle was federally classified as an 
     ``endangered'' species in 1973 under the Endangered Species 
     Act of 1973, and, in 1995, was removed from the 
     ``endangered'' species list and upgraded to the less 
     imperiled ``threatened'' status under such Act.
       (9) The administration is likely to officially delist the 
     bald eagle from both the ``endangered'' and ``threatened'' 
     species lists under the Endangered Species Act of 1973 by no 
     later than 2008.
       (10) The initial recovery of the bald eagle population in 
     the United States was accomplished by the vigilant efforts of 
     numerous caring agencies, corporations, organizations, and 
     citizens.
       (11) The continued caring and concern of the American 
     people and the further restoration and protection of the bald 
     eagle and its habitat is necessary to guarantee the full 
     recovery and survival of this precious national treasure for 
     future generations.
       (12) Since the Endangered Species Act of 1973 requires that 
     delisted species be administratively monitored for a 5-year 
     period, the bald eagle nests in 49 States will require 
     continual monitoring after the bald eagle is removed from the 
     protection of such Act; and such efforts will require 
     substantial funding to the Federal and State agencies and 
     private organizations that will conduct such monitoring.
       (13) Due to Federal and State budget cutting and balancing 
     trends, funding for on-

[[Page H11041]]

     going bald eagle care, restoration, monitoring, protection, 
     and enhancement programs has diminished annually.
       (14) In anticipation of the nationwide observance of the 
     official removal, by 2008, of the bald eagle from the 
     ``threatened'' species list under the Endangered Species Act 
     of 1973, and the 35th anniversary, in 2008, of the Endangered 
     Species Act of 1973 and the designation of the bald eagle as 
     an ``endangered'' species under such Act, Congress wishes to 
     offer the opportunity for all persons to voluntarily 
     participate in raising funds for future bald eagle recovery, 
     monitoring, and preservation efforts and to contribute to a 
     special American Eagle Fund endowment managed by the not-for-
     profit American Eagle Foundation of Tennessee in the United 
     States, in cooperation with fund management experts.
       (15) It is appropriate for Congress to authorize coins--
       (A) celebrating the recovery and restoration of the bald 
     eagle, the living symbol of freedom in the United States, to 
     America's lands, waterways, and skies;
       (B) commemorating the removal of the bald eagle from the 
     ``endangered'' and ``threatened'' species lists under the 
     Endangered Species Act of 1973; and
       (C) commemorating the 35th anniversary of the enactment of 
     the Endangered Species Act of 1973 and the designation of the 
     bald eagle as an ``endangered'' species under such Act.

     SEC. 3. COIN SPECIFICATIONS.

       (a) Denominations.--In celebration of the recovery of the 
     bald eagle, the national living symbol of freedom, to 
     America's lands, waterways, and skies and in commemoration of 
     the 35th anniversary of the enactment of the Endangered 
     Species Act of 1973 and the placement of the bald eagle on 
     the endangered species list under such Act, 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 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.
       (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 sections 5134 and 
     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 bald eagle and its history, 
     natural biology, and national symbolism.
       (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 ``2008'' ; and
       (C) inscriptions of the words ``Liberty'', ``In God We 
     Trust'', ``United States of America'', 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 American Eagle Foundation of 
     Tennessee in the United States; 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 1-year period beginning 
     on January 1, 2008.

     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) A surcharge of $35 per coin for the $5 coin.
       (2) A surcharge of $10 per coin for the $1 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, all surcharges received by the Secretary 
     from the sale of coins issued under this Act shall be 
     promptly paid by the Secretary to the American Eagle 
     Foundation of Tennessee in the United States to further its 
     works.
       (c) Audits.--The American Eagle Foundation of Tennessee in 
     the United States and the American Eagle Fund 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 or the Fund 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 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.

  Mr. LaTOURETTE (during the reading). Mr. Speaker, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The SPEAKER pro tempore (Mr. Simpson). Is there objection to the 
request of the gentleman from Ohio?
  There was no objection.
  The amendment in the nature of a substitute was agreed to.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________