H. R. 258

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

An Act

To ensure continuity for the design of the 5-cent coin, establish the Citizens Coinage

Advisory Committee, and for other purposes.

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 5-Cent Coin Design

Continuity Act of 2003’’.

TITLE I—UNITED STATES 5-CENT COIN

DESIGN CONTINUITY

SEC. 101. DESIGNS ON THE 5-CENT COIN.

(a) IN GENERAL.—Subject to subsection (b) and after consulting

with the Citizens Coinage Advisory Committee and the Commission

of Fine Arts, the Secretary of the Treasury may change the design

on the obverse and the reverse of the 5-cent coin for coins issued

in 2003, 2004, and 2005 in recognition of the bicentennial of the

Louisiana Purchase and the expedition of Meriwether Lewis and

William Clark.

(b) DESIGN SPECIFICATIONS.— (1) OBVERSE.—If the Secretary of the Treasury elects to

change the obverse of 5-cent coins issued during 2003, 2004,

and 2005, the design shall depict a likeness of President

Thomas Jefferson, different from the likeness that appeared

on the obverse of the 5-cent coins issued during 2002, in recognition of his role with respect to the Louisiana Purchase and

the commissioning of the Lewis and Clark expedition.

(2) REVERSE.—If the Secretary of the Treasury elects to

change the reverse of the 5-cent coins issued during 2003,

2004, and 2005, the design selected shall depict images that

are emblematic of the Louisiana Purchase or the expedition

of Meriwether Lewis and William Clark.

(3) OTHER INSCRIPTIONS.—5-cent coins issued during 2003,

2004, and 2005 shall continue to meet all other requirements

for inscriptions and designations applicable to circulating coins

under section 5112(d)(1) of title 31, United States Code.

SEC. 102. DESIGNS ON THE 5-CENT COIN SUBSEQUENT TO THE RECOGNITION OF THE BICENTENNIAL OF THE LOUISIANA

PURCHASE AND THE LEWIS AND CLARK EXPEDITION.

(a) IN GENERAL.—Section 5112(d)(1) of title 31, United States

Code, is amended by inserting after the 4th sentence the following
H. R. 258—2

new sentence: ‘‘Subject to other provisions of this subsection, the

obverse of any 5-cent coin issued after December 31, 2005, shall

bear the likeness of Thomas Jefferson and the reverse of any

such 5-cent coin shall bear an image of the home of Thomas Jefferson at Monticello.’’.

(b) DESIGN CONSULTATION.—The 2d sentence of section

5112(d)(2) of title 31, United States Code, is amended by inserting

‘‘, after consulting with the Citizens Coinage Advisory Committee

and the Commission of Fine Arts,’’ after ‘‘The Secretary may’’.

SEC. 103. CITIZENS COINAGE ADVISORY COMMITTEE.

(a) IN GENERAL.—Section 5135 of title 31, United States Code,

is amended to read as follows:

‘‘§ 5135. Citizens Coinage Advisory Committee

‘‘(a) ESTABLISHMENT.—

‘‘(1) IN GENERAL.—There is hereby established the Citizens

Coinage Advisory Committee (in this section referred to as

the ‘Advisory Committee’) to advise the Secretary of the

Treasury on the selection of themes and designs for coins.

‘‘(2) OVERSIGHT OF ADVISORY COMMITTEE.—The Advisory

Committee shall be subject to the authority of the Secretary

of the Treasury (hereafter in this section referred to as the

‘Secretary’).

‘‘(b) MEMBERSHIP.—

‘‘(1) APPOINTMENT.—The Advisory Committee shall consist

of 11 members appointed by the Secretary as follows:

‘‘(A) Seven persons appointed by the Secretary—

‘‘(i) one of whom shall be appointed from among

individuals who are specially qualified to serve on the

Advisory Committee by virtue of their education,

training, or experience as a nationally or internationally recognized curator in the United States of a numismatic collection;

‘‘(ii) one of whom shall be appointed from among

individuals who are specially qualified to serve on the

Advisory Committee by virtue of their experience in

the medallic arts or sculpture;

‘‘(iii) one of whom shall be appointed from among

individuals who are specially qualified to serve on the

Advisory Committee by virtue of their education,

training, or experience in American history;

‘‘(iv) one of whom shall be appointed from among

individuals who are specially qualified to serve on the

Advisory Committee by virtue of their education,

training, or experience in numismatics; and

‘‘(v) three of whom shall be appointed from among

individuals who can represent the interests of the general public in the coinage of the United States.

‘‘(B) Four persons appointed by the Secretary on the

basis of the recommendations of the following officials who

shall make the selection for such recommendation from

among citizens who are specially qualified to serve on

the Advisory Committee by virtue of their education, training, or experience:

‘‘(i) One person recommended by the Speaker of

the House of Representatives.
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‘‘(ii) One person recommended by the minority

leader of the House of Representatives.

‘‘(iii) One person recommended by the majority

leader of the Senate.

‘‘(iv) One person recommended by the minority

leader of the Senate.

‘‘(2) TERMS.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), members of the Advisory Committee shall be appointed

for a term of 4 years.

‘‘(B) TERMS OF INITIAL APPOINTEES.—As designated by

the Secretary at the time of appointment, of the members

first appointed—

‘‘(i) four of the members appointed under paragraph (1)(A) shall be appointed for a term of 4 years;

‘‘(ii) the four members appointed under paragraph

(1)(B) shall be appointed for a term of 3 years; and

‘‘(iii) three of the members appointed under paragraph (1)(A) shall be appointed for a term of 2 years.

‘‘(3) PRESERVATION OF PUBLIC ADVISORY STATUS.—No individual may be appointed to the Advisory Committee while

serving as an officer or employee of the Federal Government.

‘‘(4) CONTINUATION OF SERVICE.—Each appointed member

may continue to serve for up to 6 months after the expiration

of the term of office to which such member was appointed

until a successor has been appointed.

‘‘(5) VACANCY AND REMOVAL.—

‘‘(A) IN GENERAL.—Any vacancy on the Advisory Committee shall be filled in the manner in which the original

appointment was made.

‘‘(B) REMOVAL.—Advisory Committee members shall

serve at the discretion of the Secretary and may be removed

at any time for good cause.

‘‘(6) CHAIRPERSON.—The Chairperson of the Advisory Committee shall be appointed for a term of 1 year by the Secretary

from among the members of the Advisory Committee.

‘‘(7) PAY AND EXPENSES.—Members of the Advisory Committee shall serve without pay for such service but each member

of the Advisory Committee shall be reimbursed from the United

States Mint Public Enterprise Fund for travel, lodging, meals,

and incidental expenses incurred in connection with attendance

of such members at meetings of the Advisory Committee in

the same amounts and under the same conditions as employees

of the United States Mint who engage in official travel, as

determined by the Secretary.

‘‘(8) MEETINGS.—

‘‘(A) IN GENERAL.—The Advisory Committee shall meet

at the call of the Secretary, the chairperson, or a majority

of the members, but not less frequently than twice

annually.

‘‘(B) OPEN MEETINGS.—Each meeting of the Advisory

Committee shall be open to the public.

‘‘(C) PRIOR NOTICE OF MEETINGS.—Timely notice of each

meeting of the Advisory Committee shall be published in

the Federal Register, and timely notice of each meeting

shall be made to trade publications and publications of

general circulation.
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‘‘(9) QUORUM.—Seven members of the Advisory Committee

shall constitute a quorum.

‘‘(c) DUTIES OF THE ADVISORY COMMITTEE.—The duties of the

Advisory Committee are as follows:

‘‘(1) Advising the Secretary of the Treasury on any theme

or design proposals relating to circulating coinage, bullion coinage, congressional gold medals and national and other medals

produced by the Secretary of the Treasury in accordance with

section 5111 of title 31, United States Code.

‘‘(2) Advising the Secretary of the Treasury with regard

to—

‘‘(A) the events, persons, or places that the Advisory

Committee recommends be commemorated by the issuance

of commemorative coins in each of the 5 calendar years

succeeding the year in which a commemorative coin designation is made;

‘‘(B) the mintage level for any commemorative coin

recommended under subparagraph (A); and

‘‘(C) the proposed designs for commemorative coins.

‘‘(d) EXPENSES.—The expenses of the Advisory Committee that

the Secretary of the Treasury determines to be reasonable and

appropriate shall be paid by the Secretary from the United States

Mint Public Enterprise Fund.

‘‘(e) ADMINISTRATIVE SUPPORT, TECHNICAL SERVICES, AND

ADVICE.—Upon the request of the Advisory Committee, or as necessary for the Advisory Committee to carry out the responsibilities

of the Advisory Committee under this section, the Director of the

United States Mint shall provide to the Advisory Committee the

administrative support, technical services, and advice that the Secretary of the Treasury determines to be reasonable and appropriate.

‘‘(f) CONSULTATION AUTHORITY.—In carrying out the duties of

the Advisory Committee under this section, the Advisory Committee

may consult with the Commission of Fine Arts.

‘‘(g) ANNUAL REPORT.—

‘‘(1) REQUIRED.—Not later than September 30 of each year,

the Advisory Committee shall submit a report to the Secretary,

the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban

Affairs of the Senate. Should circumstances arise in which

the Advisory Committee cannot meet the September 30 deadline in any year, the Secretary shall advise the Chairpersons

of the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and

Urban Affairs of the Senate of the reasons for such delay

and the date on which the submission of the report is anticipated.

‘‘(2) CONTENTS.—The report required by paragraph (1) shall

describe the activities of the Advisory Committee during the

preceding year and the reports and recommendations made

by the Advisory Committee to the Secretary of the Treasury.

‘‘(h) FEDERAL ADVISORY COMMITTEE ACT DOES NOT APPLY.—

Subject to the requirements of subsection (b)(8), the Federal

Advisory Committee Act shall not apply with respect to the Committee.’’.

(b) ABOLISHMENT OF CITIZENS COMMEMORATIVE COIN ADVISORY

COMMITTEE.—Effective on the date of the enactment of this Act,

the Citizens Commemorative Coin Advisory Committee (established
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by section 5135 of title 31, United States Code, as in effect before

the amendment made by subsection (a)) is hereby abolished.

(c) CONTINUITY OF MEMBERS OF CITIZENS COMMEMORATIVE

COIN ADVISORY COMMITTEE.—Subject to paragraphs (1) and (2)

of section 5135(b) of title 31, United States Code, any person who

is a member of the Citizens Commemorative Coin Advisory Committee on the date of the enactment of this Act, other than the

member of such committee who is appointed from among the officers

or employees of the United States Mint, may continue to serve

the remainder of the term to which such member was appointed

as a member of the Citizens Coinage Advisory Committee in one

of the positions as determined by the Secretary.

(d) TECHNICAL AND CONFORMING AMENDMENTS.—

(1) Section 5112(l)(4)(A)(ii) of title 31, United States Code,

is amended by striking ‘‘Citizens Commemorative Coin Advisory

Committee’’ and inserting ‘‘Citizens Coinage Advisory Committee’’.

(2) Section 5134(c) of title 31, United States Code, is

amended—

(A) by striking paragraph (4); and

(B) by redesignating paragraph (5) as paragraph (4).

TITLE II—TECHNICAL AND CLARIFYING

PROVISIONS

SEC. 201. CLARIFICATION OF EXISTING LAW.

(a) IN GENERAL.—Section 5134(f)(1) of title 31, United States

Code, is amended to read as follows:

‘‘(1) PAYMENT OF SURCHARGES.—

‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, no amount derived from the proceeds of any

surcharge imposed on the sale of any numismatic item

shall be paid from the fund to any designated recipient

organization unless—

‘‘(i) all numismatic operation and program costs

allocable to the program under which such numismatic

item is produced and sold have been recovered; and

‘‘(ii) the designated recipient organization submits

an audited financial statement that demonstrates, to

the satisfaction of the Secretary, that, with respect

to all projects or purposes for which the proceeds of

such surcharge may be used, the organization has

raised funds from private sources for such projects

and purposes in an amount that is equal to or greater

than the total amount of the proceeds of such surcharge

derived from the sale of such numismatic item.

‘‘(B) UNPAID AMOUNTS.—If any amount derived from

the proceeds of any surcharge imposed on the sale of any

numismatic item that may otherwise be paid from the

fund, under any provision of law relating to such numismatic item, to any designated recipient organization

remains unpaid to such organization solely by reason of

the matching fund requirement contained in subparagraph

(A)(ii) after the end of the 2-year period beginning on

the later of—
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‘‘(i) the last day any such numismatic item is

issued by the Secretary; or

‘‘(ii) the date of the enactment of the American

5-Cent Coin Design Continuity Act of 2003,

such unpaid amount shall be deposited in the Treasury

as miscellaneous receipts.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply as of the date of the enactment of Public Law 104–

208.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.