I 

108TH CONGRESS 

1ST SESSION H. R. 258

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

Coinage Advisory Committee, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2003

Mr. CANTOR (for himself, Mr. GOODE, Mr. SCHROCK, Mr. TOM DAVIS of Virginia, Mr. GOODLATTE, Mr. SCOTT of Virginia, Mr. FORBES, Mr. MORAN

of Virginia, Mr. BOUCHER, Mrs. JO ANN DAVIS of Virginia, and Mr. 

WOLF) introduced the following bill; which was referred to the Committee 

on Financial Services 

A BILL

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,

3 SECTION 1. SHORT TITLE. 

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

5 Design Continuity Act of 2003’’. 
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1 TITLE I—U.S. 5-CENT COIN 

2 DESIGN CONTINUITY 

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

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

5 after consulting with the Citizens Coinage Advisory Com6 mittee and the Commission of Fine Arts, the Secretary 

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

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

9 2004, and 2005 in recognition of the bicentennial of the 

10 Louisiana Purchase and the expedition of Meriwether 

11 Lewis and William Clark. 

12 (b) DESIGN SPECIFICATIONS.—

13 (1) OBVERSE.—If the Secretary of the Treas14 ury elects to change the obverse of 5-cent coins 

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

16 shall depict a likeness of President Thomas Jeffer17 son, different from the likeness that appeared on the 

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

19 recognition of his role with respect to the Louisiana 

20 Purchase and the commissioning of the Lewis and 

21 Clark expedition. 

22 (2) REVERSE.—If the Secretary of the Treas23 ury elects to change the reverse of the 5-cent coins 

24 issued during 2003, 2004, and 2005, the design se25 lected shall depict images that are emblematic of the 
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1 Louisiana Purchase or the expedition of Meriwether 

2 Lewis and William Clark. 

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

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

5 all other requirements for inscriptions and designa6 tions applicable to circulating coins under section 

7 5112(d)(1) of title 31, United States Code. 

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

9 THE RECOGNITION OF THE BICENTENNIAL 

10 OF THE LOUISIANA PURCHASE AND THE 

11 LEWIS AND CLARK EXPEDITION. 

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

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

14 sentence the following new sentences: ‘‘Subject to other 

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

16 coin issued after December 31, 2005, shall bear the like17 ness of Thomas Jefferson. The reverse of any 5-cent coin 

18 issued after December 31, 2005, shall bear an image of 

19 the home of Thomas Jefferson at Monticello.’’. 

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

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

22 amended by inserting ‘‘, after consulting with the Citizens 

23 Coinage Advisory Committee and the Commission of Fine 

24 Arts,’’ after ‘‘The Secretary may’’. 
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1 SEC. 103. CITIZENS COINAGE ADVISORY COMMITTEE. 

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

3 States Code, is amended to read as follows: 

4 ‘‘§ 5135. Citizens Coinage Advisory Committee 

5 ‘‘(a) ESTABLISHMENT.—

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

7 the Citizens Coinage Advisory Committee (in this 

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

9 advise the Secretary of the Treasury on the selection 

10 of themes and designs for coins. 

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

12 The Advisory Committee shall be subject to the au13 thority of the Secretary of the Treasury (hereafter 

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

15 ‘‘(b) MEMBERSHIP.—

16 (1) APPOINTMENT.—The Advisory Committee 

17 shall consist of 9 members appointed by the Sec18 retary as follows: 

19 ‘‘(A) 5 persons appointed by the Sec20 retary—

21 ‘‘(i) 1 of whom shall be appointed 

22 from among individuals who are specially 

23 qualified to serve on the Advisory Com24 mittee by virtue of their education, train25 ing, or experience as a nationally or inter-
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1 nationally recognized curator in the United 

2 States of a numismatic collection; 

3 ‘‘(ii) 1 of whom shall be appointed 

4 from among individuals who are specially 

5 qualified to serve on the Advisory Com6 mittee by virtue of their experience in the 

7 medallic arts or sculpture; 

8 ‘‘(iii) 1 of whom shall be appointed 

9 from among individuals who are specially 

10 qualified to serve on the Advisory Com11 mittee by virtue of their education, train12 ing, or experience in American history; 

13 ‘‘(iv) 1 of whom shall be appointed 

14 from among individuals who are specially 

15 qualified to serve on the Advisory Com16 mittee by virtue of their education, train17 ing, or experience in numismatics; and 

18 ‘‘(v) 1 of whom shall be appointed 

19 from among individuals who can represent 

20 the interests of the general public in the 

21 coinage of the United States. 

22 ‘‘(B) 4 persons appointed by the Secretary 

23 on the basis of the recommendations of the fol24 lowing officials who shall make the selection for 

25 such recommendation from among citizens who
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1 are specially qualified to serve on the Advisory 

2 Committee by virtue of their education, train3 ing, or experience: 

4 ‘‘(i) 1 person recommended by the 

5 Speaker of the House of Representatives. 

6 ‘‘(ii) 1 person recommended by the 

7 minority leader of the House of Represent8 atives. 

9 ‘‘(iii) 1 person recommended by the 

10 majority leader of the Senate. 

11 ‘‘(iv) 1 person recommended by the 

12 minority leader of the Senate. 

13 ‘‘(2) TERMS.—

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

15 subparagraph (B), members of the Advisory 

16 Committee shall be appointed for a term of 4 

17 years. 

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

19 designated by the Secretary at the time of ap20 pointment, of the members first appointed—

21 ‘‘(i) 3 of the members appointed 

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

23 for a term of 4 years; 
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1 ‘‘(ii) the 4 members appointed under 

2 paragraph (1)(B) shall be appointed for a 

3 term of 3 years; and 

4 ‘‘(ii) 2 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 in the Executive branch of the Federal Gov11 ernment. 

12 ‘‘(4) CONTINUATION OF SERVICE.—Each ap13 pointed member may continue to serve for up to 6 

14 months after the expiration of the term of office to 

15 which such member was appointed until a successor 

16 has been appointed. 

17 ‘‘(5) VACANCY AND REMOVAL.—

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

19 Advisory Committee shall be filled in the man20 ner in which the original appointment was 

21 made. 

22 ‘‘(B) REMOVAL.—Advisory Committee 

23 members shall serve at the discretion of the 

24 Secretary and may be removed at any time for 

25 good cause shown. 
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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, not less frequently than 3 

19 times each year, at the call of the chairperson 

20 or a majority of the members. 

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.—7 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 any other proposals or issues relating 

17 to any items produced or sold by the United States 

18 Mint that the Secretary may request of the Advisory 

19 Committee. 

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

21 Committee that the Secretary of the Treasury determines 

22 to be reasonable and appropriate shall be paid by the Sec23 retary from the United States Mint Public Enterprise 

24 Fund. 
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1 ‘‘(e) ADMINISTRATIVE SUPPORT AND TECHNICAL

2 SERVICES.—Upon the request of the Advisory Committee, 

3 the Director of the United States Mint shall provide to 

4 the Advisory Committee the administrative support and 

5 technical services necessary for the Advisory Committee 

6 to carry out its responsibilities under this section. 

7 ‘‘(f) ANNUAL REPORT.—

8 ‘‘(1) REQUIRED.—Not later than January 30 of 

9 each year, the Advisory Committee shall submit a 

10 report to the Secretary, the Committee on Financial 

11 Services of the House of Representatives and the 

12 Committee on Banking, Housing, and Urban Affairs 

13 of the Senate. 

14 ‘‘(2) CONTENTS.—The report required by para15 graph (1) shall describe the activities of the Advisory 

16 Committee during the preceding year and the re17 ports and recommendations made by the Advisory 

18 Committee to the Secretary of the Treasury. 

19 ‘‘(g) FEDERAL ADVISORY COMMITTEE ACT DOES

20 NOT APPLY.—Subject to the requirements of subsection 

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

22 apply with respect to the Committee.’’. 

23 (b) ABOLISHMENT OF CITIZENS COMMEMORATIVE

24 COIN ADVISORY COMMITTEE.—Effective on the date of 

25 the enactment of this Act, the Citizens Commemorative
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1 Coin Advisory Committee (established by section 5135 of 

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

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

4 (c) ELIGIBILITY OF MEMBERS OF CITIZENS COM5 MEMORATIVE COIN ADVISORY COMMITTEE.—Any person 

6 who is a member of the Citizens Commemorative Coin Ad7 visory Committee on the date of the enactment of this Act, 

8 other than the member of such committee who is ap9 pointed from among the officers or employees of the 

10 United States Mint, shall be eligible for appointment by 

11 the Secretary of the Treasury to serve on the Citizens 

12 Coinage Advisory Committee in one of the positions pro13 vided for under section 5135(b)(1)(A) of title 31, United 

14 States Code, as amended by subsection (a). 

15 (d) TECHNICAL AND CONFORMING AMENDMENTS.—

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

17 States Code, is amended by striking ‘‘Citizens Com18 memorative Coin Advisory Committee’’ and inserting 

19 ‘‘Citizens Coinage Advisory Committee.’’. 

20 (2) Section 5136(b) of title 31, United States 

21 Code, as amended by section 502(a) of this Act, is 

22 amended—

23 (A) by striking paragraph (5); and 

24 (B) by redesignating paragraph (6) as 

25 paragraph (5). 
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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, the amount of funds the 

21 organization has raised from private 

22 sources for all projects or purposes for 

23 which the proceeds of such surcharge may 

24 be used. 
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1 ‘‘(B) MATCHING FUND REQUIREMENT.—

2 Notwithstanding any other provision of law, the 

3 amount derived from the proceeds of any sur4 charge imposed on the sale of any numismatic 

5 item that may otherwise be paid from the fund, 

6 under any provision of law relating to such nu7 mismatic item, to any designated recipient or8 ganization shall not exceed the amount the or9 ganization has demonstrated, in accordance 

10 with subparagraph (A)(ii), that the organization 

11 has raised from private sources for all projects 

12 or purposes for which the proceeds of such sur13 charge may be used. 

14 ‘‘(C) UNPAID AMOUNTS.—If any amount 

15 derived from the proceeds of any surcharge im16 posed on the sale of any numismatic item that 

17 may otherwise be paid from the fund, under 

18 any provision of law relating to such numis19 matic item, to any designated recipient organi20 zation remains unpaid to such organization 

21 solely by reason of the matching fund require22 ment contained in subparagraph (B) after the 

23 end of the 2-year period beginning on the later 

24 of—
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1 ‘‘(i) the last day any such numismatic 

2 item is issued by the Secretary; or 

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

4 American 5-Cent Coin Design Continuity 

5 Act of 2003, 

6 such unpaid amount shall be deposited in the 

7 Treasury as miscellaneous receipts.’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

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

10 of Public Law 104–208.

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