108TH CONGRESS

1ST SESSION H. R. 258

AN ACT

To ensure continuity for the design of the 5-cent

coin, establish the Citizens Coinage AdvisoryCommittee, and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 258

AN ACT

To ensure continuity for the design of the 5-cent coin, establish the Citizens Coinage Advisory Committee, 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘American 5-Cent Coin

3 Design Continuity Act of 2003’’.

4 TITLE I—UNITED STATES 5-CENT

5 COIN DESIGN CONTINUITY

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

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

8 after consulting with the Citizens Coinage Advisory Com9 mittee and the Commission of Fine Arts, the Secretary

10 of the Treasury may change the design on the obverse and

11 the reverse of the 5-cent coin for coins issued in 2003,

12 2004, and 2005 in recognition of the bicentennial of the

13 Louisiana Purchase and the expedition of Meriwether

14 Lewis and William Clark.

15 (b) DESIGN SPECIFICATIONS.—

16 (1) OBVERSE.—If the Secretary of the Treas17 ury elects to change the obverse of 5-cent coins

18 issued during 2003, 2004, and 2005, the design

19 shall depict a likeness of President Thomas Jeffer20 son, different from the likeness that appeared on the

21 obverse of the 5-cent coins issued during 2002, in

22 recognition of his role with respect to the Louisiana

23 Purchase and the commissioning of the Lewis and

24 Clark expedition.

25 (2) REVERSE.—If the Secretary of the Treas26 ury elects to change the reverse of the 5-cent coins
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1 issued during 2003, 2004, and 2005, the design se2 lected shall depict images that are emblematic of the

3 Louisiana Purchase or the expedition of Meriwether

4 Lewis and William Clark.

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

6 during 2003, 2004, and 2005 shall continue to meet

7 all other requirements for inscriptions and designa8 tions applicable to circulating coins under section

9 5112(d)(1) of title 31, United States Code.

10 SEC. 102. DESIGNS ON THE 5-CENT COIN SUBSEQUENT TO

11 THE RECOGNITION OF THE BICENTENNIAL

12 OF THE LOUISIANA PURCHASE AND THE

13 LEWIS AND CLARK EXPEDITION.

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

15 United States Code, is amended by inserting after the 4th

16 sentence the following new sentence: ‘‘Subject to other

17 provisions of this subsection, the obverse of any 5-cent

18 coin issued after December 31, 2005, shall bear the like19 ness of Thomas Jefferson and the reverse of any such 5-

20 cent coin shall bear an image of the home of Thomas Jef21 ferson at Monticello.’’.

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

23 section 5112(d)(2) of title 31, United States Code, is

24 amended by inserting ‘‘, after consulting with the Citizens
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1 Coinage Advisory Committee and the Commission of Fine

2 Arts,’’ after ‘‘The Secretary may’’.

3 SEC. 103. CITIZENS COINAGE ADVISORY COMMITTEE.

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

5 States Code, is amended to read as follows:

6 ‘‘§ 5135. Citizens Coinage Advisory Committee

7 ‘‘(a) ESTABLISHMENT.—

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

9 the Citizens Coinage Advisory Committee (in this

10 section referred to as the ‘Advisory Committee’) to

11 advise the Secretary of the Treasury on the selection

12 of themes and designs for coins.

13 ‘‘(2) OVERSIGHT OF ADVISORY COMMITTEE.—

14 The Advisory Committee shall be subject to the au15 thority of the Secretary of the Treasury (hereafter

16 in this section referred to as the ‘Secretary’).

17 ‘‘(b) MEMBERSHIP.—

18 ‘‘(1) APPOINTMENT.—The Advisory Committee

19 shall consist of 11 members appointed by the Sec20 retary as follows:

21 ‘‘(A) Seven persons appointed by the

22 Secretary—

23 ‘‘(i) one of whom shall be appointed

24 from among individuals who are specially

25 qualified to serve on the Advisory Com-
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1 mittee by virtue of their education, train2 ing, or experience as a nationally or inter3 nationally recognized curator in the United

4 States of a numismatic collection;

5 ‘‘(ii) one of whom shall be appointed

6 from among individuals who are specially

7 qualified to serve on the Advisory Com8 mittee by virtue of their experience in the

9 medallic arts or sculpture;

10 ‘‘(iii) one of whom shall be appointed

11 from among individuals who are specially

12 qualified to serve on the Advisory Com13 mittee by virtue of their education, train14 ing, or experience in American history;

15 ‘‘(iv) one of whom shall be appointed

16 from among individuals who are specially

17 qualified to serve on the Advisory Com18 mittee by virtue of their education, train19 ing, or experience in numismatics; and

20 ‘‘(v) three of whom shall be appointed

21 from among individuals who can represent

22 the interests of the general public in the

23 coinage of the United States.

24 ‘‘(B) Four persons appointed by the Sec25 retary on the basis of the recommendations of
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1 the following officials who shall make the selec2 tion for such recommendation from among citi3 zens who are specially qualified to serve on the

4 Advisory Committee by virtue of their edu5 cation, training, or experience:

6 ‘‘(i) One person recommended by the

7 Speaker of the House of Representatives.

8 ‘‘(ii) One person recommended by the

9 minority leader of the House of Represent10 atives.

11 ‘‘(iii) One person recommended by the

12 majority leader of the Senate.

13 ‘‘(iv) One person recommended by the

14 minority leader of the Senate.

15 ‘‘(2) TERMS.—

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

17 subparagraph (B), members of the Advisory

18 Committee shall be appointed for a term of 4

19 years.

20 ‘‘(B) TERMS OF INITIAL APPOINTEES.—As

21 designated by the Secretary at the time of ap22 pointment, of the members first appointed—

23 ‘‘(i) four of the members appointed

24 under paragraph (1)(A) shall be appointed

25 for a term of 4 years;
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1 ‘‘(ii) the four members appointed

2 under paragraph (1)(B) shall be appointed

3 for a term of 3 years; and

4 ‘‘(iii) three of the members appointed

5 under paragraph (1)(A) shall be appointed

6 for a term of 2 years.

7 ‘‘(3) PRESERVATION OF PUBLIC ADVISORY STA8 TUS.—No individual may be appointed to the Advi9 sory Committee while serving as an officer or em10 ployee of the Federal Government.

11 ‘‘(4) CONTINUATION OF SERVICE.—Each ap12 pointed member may continue to serve for up to 6

13 months after the expiration of the term of office to

14 which such member was appointed until a successor

15 has been appointed.

16 ‘‘(5) VACANCY AND REMOVAL.—

17 ‘‘(A) IN GENERAL.—Any vacancy on the

18 Advisory Committee shall be filled in the man19 ner in which the original appointment was

20 made.

21 ‘‘(B) REMOVAL.—Advisory Committee

22 members shall serve at the discretion of the

23 Secretary and may be removed at any time for

24 good cause.
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1 ‘‘(6) CHAIRPERSON.—The Chairperson of the

2 Advisory Committee shall be appointed for a term of

3 1 year by the Secretary from among the members of

4 the Advisory Committee.

5 ‘‘(7) PAY AND EXPENSES.—Members of the Ad6 visory Committee shall serve without pay for such

7 service but each member of the Advisory Committee

8 shall be reimbursed from the United States Mint

9 Public Enterprise Fund for travel, lodging, meals,

10 and incidental expenses incurred in connection with

11 attendance of such members at meetings of the Ad12 visory Committee in the same amounts and under

13 the same conditions as employees of the United

14 States Mint who engage in official travel, as deter15 mined by the Secretary.

16 ‘‘(8) MEETINGS.—

17 ‘‘(A) IN GENERAL.—The Advisory Com18 mittee shall meet at the call of the Secretary,

19 the chairperson, or a majority of the members,

20 but not less frequently than twice annually.

21 ‘‘(B) OPEN MEETINGS.—Each meeting of

22 the Advisory Committee shall be open to the

23 public.

24 ‘‘(C) PRIOR NOTICE OF MEETINGS.—Time25 ly notice of each meeting of the Advisory Com-
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1 mittee shall be published in the Federal Reg2 ister, and timely notice of each meeting shall be

3 made to trade publications and publications of

4 general circulation.

5 ‘‘(9) QUORUM.—Seven members of the Advisory

6 Committee shall constitute a quorum.

7 ‘‘(c) DUTIES OF THE ADVISORY COMMITTEE.—The

8 duties of the Advisory Committee are as follows:

9 ‘‘(1) Advising the Secretary of the Treasury on

10 any theme or design proposals relating to circulating

11 coinage, bullion coinage, congressional gold medals

12 and national and other medals produced by the Sec13 retary of the Treasury in accordance with section

14 5111 of title 31, United States Code.

15 ‘‘(2) Advising the Secretary of the Treasury

16 with regard to—

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

18 Advisory Committee recommends be commemo19 rated by the issuance of commemorative coins

20 in each of the 5 calendar years succeeding the

21 year in which a commemorative coin designa22 tion is made;

23 ‘‘(B) the mintage level for any commemo24 rative coin recommended under subparagraph

25 (A); and
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1 ‘‘(C) the proposed designs for commemora2 tive coins.

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

4 Committee that the Secretary of the Treasury determines

5 to be reasonable and appropriate shall be paid by the Sec6 retary from the United States Mint Public Enterprise

7 Fund.

8 ‘‘(e) ADMINISTRATIVE SUPPORT, TECHNICAL SERV9 ICES, AND ADVICE.—Upon the request of the Advisory

10 Committee, or as necessary for the Advisory Committee

11 to carry out the responsibilities of the Advisory Committee

12 under this section, the Director of the United States Mint

13 shall provide to the Advisory Committee the administra14 tive support, technical services, and advice that the Sec15 retary of the Treasury determines to be reasonable and

16 appropriate.

17 ‘‘(f) CONSULTATION AUTHORITY.—In carrying out

18 the duties of the Advisory Committee under this section,

19 the Advisory Committee may consult with the Commission

20 of Fine Arts.

21 ‘‘(g) ANNUAL REPORT.—

22 ‘‘(1) REQUIRED.—Not later than September 30

23 of each year, the Advisory Committee shall submit

24 a report to the Secretary, the Committee on Finan25 cial Services of the House of Representatives and
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1 the Committee on Banking, Housing, and Urban Af2 fairs of the Senate. Should circumstances arise in

3 which the Advisory Committee cannot meet the Sep4 tember 30 deadline in any year, the Secretary shall

5 advise the Chairpersons of the Committee on Finan6 cial Services of the House of Representatives and

7 the Committee on Banking, Housing, and Urban Af8 fairs of the Senate of the reasons for such delay and

9 the date on which the submission of the report is an10 ticipated.

11 ‘‘(2) CONTENTS.—The report required by para12 graph (1) shall describe the activities of the Advisory

13 Committee during the preceding year and the re14 ports and recommendations made by the Advisory

15 Committee to the Secretary of the Treasury.

16 ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT DOES

17 NOT APPLY.—Subject to the requirements of subsection

18 (b)(8), the Federal Advisory Committee Act shall not

19 apply with respect to the Committee.’’.

20 (b) ABOLISHMENT OF CITIZENS COMMEMORATIVE

21 COIN ADVISORY COMMITTEE.—Effective on the date of

22 the enactment of this Act, the Citizens Commemorative

23 Coin Advisory Committee (established by section 5135 of

24 title 31, United States Code, as in effect before the

25 amendment made by subsection (a)) is hereby abolished.
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1 (c) CONTINUITY OF MEMBERS OF CITIZENS COM2 MEMORATIVE COIN ADVISORY COMMITTEE.—Subject to

3 paragraphs (1) and (2) of section 5135(b) of title 31,

4 United States Code, any person who is a member of the

5 Citizens Commemorative Coin Advisory Committee on the

6 date of the enactment of this Act, other than the member

7 of such committee who is appointed from among the offi8 cers or employees of the United States Mint, may continue

9 to serve the remainder of the term to which such member

10 was appointed as a member of the Citizens Coinage Advi11 sory Committee in one of the positions as determined by

12 the Secretary.

13 (d) TECHNICAL AND CONFORMING AMENDMENTS.—

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

15 States Code, is amended by striking ‘‘Citizens Com16 memorative Coin Advisory Committee’’ and inserting

17 ‘‘Citizens Coinage Advisory Committee’’.

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

19 Code, is amended—

20 (A) by striking paragraph (4); and

21 (B) by redesignating paragraph (5) as

22 paragraph (4).
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1 TITLE II—TECHNICAL AND

2 CLARIFYING PROVISIONS

3 SEC. 201. CLARIFICATION OF EXISTING LAW.

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

5 United States Code, is amended to read as follows:

6 ‘‘(1) PAYMENT OF SURCHARGES.—

7 ‘‘(A) IN GENERAL.—Notwithstanding any

8 other provision of law, no amount derived from

9 the proceeds of any surcharge imposed on the

10 sale of any numismatic item shall be paid from

11 the fund to any designated recipient organiza12 tion unless—

13 ‘‘(i) all numismatic operation and pro14 gram costs allocable to the program under

15 which such numismatic item is produced

16 and sold have been recovered; and

17 ‘‘(ii) the designated recipient organi18 zation submits an audited financial state19 ment that demonstrates, to the satisfaction

20 of the Secretary, that, with respect to all

21 projects or purposes for which the proceeds

22 of such surcharge may be used, the organi23 zation has raised funds from private

24 sources for such projects and purposes in

25 an amount that is equal to or greater than
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1 the total amount of the proceeds of such

2 surcharge derived from the sale of such

3 numismatic item.

4 ‘‘(B) UNPAID AMOUNTS.—If any amount

5 derived from the proceeds of any surcharge im6 posed on the sale of any numismatic item that

7 may otherwise be paid from the fund, under

8 any provision of law relating to such numis9 matic item, to any designated recipient organi10 zation remains unpaid to such organization

11 solely by reason of the matching fund require12 ment contained in subparagraph (A)(ii) after

13 the end of the 2-year period beginning on the

14 later of—

15 ‘‘(i) the last day any such numismatic

16 item is issued by the Secretary; or

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

18 American 5-Cent Coin Design Continuity

19 Act of 2003,

20 such unpaid amount shall be deposited in the

21 Treasury as miscellaneous receipts.’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall apply as of the date of the enactment

3 of Public Law 104–208.

Passed the House of Representatives February 26,

2003.

Attest:

Clerk.