IB 

Union Calendar No. 14 

108TH CONGRESS 

1ST SESSION H. R. 258 

[Report No. 108–20] 

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 

FEBRUARY 26, 2003 

Additional sponsors: Mr. CASTLE and Mr. HILL

FEBRUARY 26, 2003 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 8, 2003] 

A BILL 

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

other purposes. 


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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’’. 

6 TITLE I—U.S. 5-CENT COIN 

7 DESIGN CONTINUITY 

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

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

10 consulting with the Citizens Coinage Advisory Committee 

11 and the Commission of Fine Arts, the Secretary of the 

12 Treasury may change the design on the obverse and the re13 verse of the 5-cent coin for coins issued in 2003, 2004, and 

14 2005 in recognition of the bicentennial of the Louisiana 

15 Purchase and the expedition of Meriwether Lewis and Wil16 liam Clark. 

17 (b) DESIGN SPECIFICATIONS.— 

18 (1) OBVERSE.—If the Secretary of the Treasury 

19 elects to change the obverse of 5-cent coins issued dur20 ing 2003, 2004, and 2005, the design shall depict a 

21 likeness of President Thomas Jefferson, different from 

22 the likeness that appeared on the obverse of the 5-cent 

23 coins issued during 2002, in recognition of his role 

24 with respect to the Louisiana Purchase and the com25 missioning of the Lewis and Clark expedition. 


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1 (2) REVERSE.—If the Secretary of the Treasury 

2 elects to change the reverse of the 5-cent coins issued 

3 during 2003, 2004, and 2005, the design selected shall 

4 depict images that are emblematic of the Louisiana 

5 Purchase or the expedition of Meriwether Lewis and 

6 William Clark. 

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

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

9 all other requirements for inscriptions and designa10 tions applicable to circulating coins under section 

11 5112(d)(1) of title 31, United States Code. 

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

13 THE RECOGNITION OF THE BICENTENNIAL 

14 OF THE LOUISIANA PURCHASE AND THE 

15 LEWIS AND CLARK EXPEDITION. 

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

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

18 sentence the following new sentence: ‘‘Subject to other provi19 sions of this subsection, the obverse of any 5-cent coin issued 

20 after December 31, 2005, shall bear the likeness of Thomas 

21 Jefferson and the reverse of any such 5-cent coin shall bear 

22 an image of the home of Thomas Jefferson at Monticello.’’. 

23 (b) DESIGN CONSULTATION.— The 2d sentence of sec24 tion 5112(d)(2) of title 31, United States Code, is amended 

25 by inserting ‘‘, after consulting with the Citizens Coinage 


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1 Advisory Committee and the Commission of Fine Arts,’’ 

2 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 sec10 tion referred to as the ‘Advisory Committee’) to advise 

11 the Secretary of the Treasury on the selection of 

12 themes and designs for coins. 

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

14 Advisory Committee shall be subject to the authority 

15 of the Secretary of the Treasury (hereafter in this sec16 tion 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) 7 persons appointed by the Sec22 retary— 

23 ‘‘(i) 1 of whom shall be appointed from 

24 among individuals who are specially quali25 fied to serve on the Advisory Committee by 


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1 virtue of their education, training, or expe2 rience as a nationally or internationally 

3 recognized curator in the United States of a 

4 numismatic collection; 

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

21 among individuals who can represent the 

22 interests of the general public in the coinage 

23 of the United States. 

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

25 on the basis of the recommendations of the folVerDate Aug 31 2005 09:54 Apr 27, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\PICKUP\H258.RH H258

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1 lowing officials who shall make the selection for 

2 such recommendation from among citizens who 

3 are specially qualified to serve on the Advisory 

4 Committee by virtue of their education, training, 

5 or experience: 

6 ‘‘(i) 1 person recommended by the 

7 Speaker of the House of Representatives. 

8 ‘‘(ii) 1 person recommended by the mi9 nority leader of the House of Representa10 tives. 

11 ‘‘(iii) 1 person recommended by the 

12 majority leader of the Senate. 

13 ‘‘(iv) 1 person recommended by the mi14 nority 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) 4 of the members appointed under 

24 paragraph (1)(A) shall be appointed for a 

25 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) 3 of the members appointed under 

5 paragraph (1)(A) shall be appointed for a 

6 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 manner 

19 in which the original appointment was made. 

20 ‘‘(B) REMOVAL.—Advisory Committee mem21 bers shall serve at the discretion of the Secretary 

22 and may be removed at any time for good cause. 

23 ‘‘(6) CHAIRPERSON.—The Chairperson of the Ad24 visory Committee shall be appointed for a term of 1 


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1 year by the Secretary from among the members of the 

2 Advisory Committee. 

3 ‘‘(7) PAY AND EXPENSES.—Members of the Advi4 sory Committee shall serve without pay for such serv5 ice but each member of the Advisory Committee shall 

6 be reimbursed from the United States Mint Public 

7 Enterprise Fund for travel, lodging, meals, and inci8 dental expenses incurred in connection with attend9 ance of such members at meetings of the Advisory 

10 Committee in the same amounts and under the same 

11 conditions as employees of the United States Mint 

12 who engage in official travel, as determined by the 

13 Secretary. 

14 ‘‘(8) MEETINGS.— 

15 ‘‘(A) IN GENERAL.—The Advisory Com16 mittee shall meet at the call of the Secretary, the 

17 chairperson, or a majority of the members, but 

18 not less frequently than twice annually. 

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

20 the Advisory Committee shall be open to the pub21 lic. 

22 ‘‘(C) PRIOR NOTICE OF MEETINGS.—Timely 

23 notice of each meeting of the Advisory Committee 

24 shall be published in the Federal Register, and 

25 timely notice of each meeting shall be made to 


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1 trade publications and publications of general 

2 circulation. 

3 ‘‘(9) QUORUM.—7 members of the Advisory Com4 mittee shall constitute a quorum. 

5 ‘‘(c) DUTIES OF THE ADVISORY COMMITTEE.—The du6 ties of the Advisory Committee are as follows: 

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

8 any theme or design proposals relating to circulating 

9 coinage, bullion coinage, congressional gold medals 

10 and national and other medals produced by the Sec11 retary of the Treasury in accordance with section 

12 5111 of title 31, United States Code. 

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

14 regard to— 

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

16 Advisory Committee recommends be commemo17 rated by the issuance of commemorative coins in 

18 each of the 5 calendar years succeeding the year 

19 in which a commemorative coin designation is 

20 made; 

21 ‘‘(B) the mintage level for any commemora22 tive coin recommended under subparagraph (A); 

23 and 

24 ‘‘(C) the proposed designs for commemora25 tive coins. 


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1 ‘‘(d) EXPENSES.—The expenses of the Advisory Com2 mittee that the Secretary of the Treasury determines to be 

3 reasonable and appropriate shall be paid by the Secretary 

4 from the United States Mint Public Enterprise Fund. 

5 ‘‘(e) ADMINISTRATIVE SUPPORT AND TECHNICAL

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

7 or as necessary for the Advisory Committee to carry out 

8 the responsibilities of the Advisory Committee under this 

9 section, the Director of the United States Mint shall provide 

10 to the Advisory Committee the administrative support, tech11 nical services, and advice that the Secretary of the Treasury 

12 determines to be reasonable and appropriate. 

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

14 duties of the Advisory Committee under this section, the Ad15 visory Committee may consult with the Commission of Fine 

16 Arts. 

17 ‘‘(g) ANNUAL REPORT.— 

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

19 of each year, the Advisory Committee shall submit a 

20 report to the Secretary, the Committee on Financial 

21 Services of the House of Representatives and the Com22 mittee on Banking, Housing, and Urban Affairs of 

23 the Senate. Should circumstances arise in which the 

24 Advisory Committee cannot meet the September 30 

25 deadline in any year, the Secretary shall advise the 


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1 Chairpersons of the Committee on Financial Services 

2 of the House of Representatives and the Committee on 

3 Banking, Housing, and Urban Affairs of the Senate 

4 of the reasons for such delay and the date on which 

5 the submission of the report is anticipated. 

6 ‘‘(2) CONTENTS.—The report required by para7 graph (1) shall describe the activities of the Advisory 

8 Committee during the preceding year and the reports 

9 and recommendations made by the Advisory Com10 mittee to the Secretary of the Treasury. 

11 ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT DOES NOT

12 APPLY.—Subject to the requirements of subsection (b)(8), 

13 the Federal Advisory Committee Act shall not apply with 

14 respect to the Committee.’’. 

15 (b) ABOLISHMENT OF CITIZENS COMMEMORATIVE

16 COIN ADVISORY COMMITTEE.—Effective on the date of the 

17 enactment of this Act, the Citizens Commemorative Coin 

18 Advisory Committee (established by section 5135 of title 31, 

19 United States Code, as in effect before the amendment made 

20 by subsection (a)) is hereby abolished. 

21 (c) CONTINUITY OF MEMBERS OF CITIZENS COMMEMO22 RATIVE COIN ADVISORY COMMITTEE.—Subject to para23 graphs (1) and (2) of section 5135(b) of title 31, United 

24 States Code, any person who is a member of the Citizens 

25 Commemorative Coin Advisory Committee on the date of 


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1 the enactment of this Act, other than the member of such 

2 committee who is appointed from among the officers or em3 ployees of the United States Mint, may continue to serve 

4 the remainder of the term to which such member was ap5 pointed as a member of the Citizens Coinage Advisory Com6 mittee in one of the positions as determined by the Sec7 retary. 

8 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

10 States Code, is amended by striking ‘‘Citizens Com11 memorative Coin Advisory Committee’’ and inserting 

12 ‘‘Citizens Coinage Advisory Committee’’. 

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

14 Code, is amended— 

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

16 (B) by redesignating paragraph (5) as 

17 paragraph (4). 

18 TITLE II—TECHNICAL AND 

19 CLARIFYING PROVISIONS 

20 SEC. 201. CLARIFICATION OF EXISTING LAW. 

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

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

23 ‘‘(1) PAYMENT OF SURCHARGES.— 

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

25 other provision of law, no amount derived from 


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1 the proceeds of any surcharge imposed on the sale 

2 of any numismatic item shall be paid from the 

3 fund to any designated recipient organization un4 less— 

5 ‘‘(i) all numismatic operation and pro6 gram costs allocable to the program under 

7 which such numismatic item is produced 

8 and sold have been recovered; and 

9 ‘‘(ii) the designated recipient organiza10 tion submits an audited financial statement 

11 that demonstrates, to the satisfaction of the 

12 Secretary, the amount of funds the organi13 zation has raised from private sources for 

14 all projects or purposes for which the pro15 ceeds of such surcharge may be used. 

16 ‘‘(B) MATCHING FUND REQUIREMENT.— 

17 Notwithstanding any other provision of law, the 

18 amount derived from the proceeds of any sur19 charge imposed on the sale of any numismatic 

20 item that may otherwise be paid from the fund, 

21 under any provision of law relating to such nu22 mismatic item, to any designated recipient orga23 nization shall not exceed the amount the organi24 zation has demonstrated, in accordance with sub25 paragraph (A)(ii), that the organization has 


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1 raised from private sources for all projects or 

2 purposes for which the proceeds of such surcharge 

3 may be used. 

4 ‘‘(C) 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 any 

8 provision of law relating to such numismatic 

9 item, to any designated recipient organization 

10 remains unpaid to such organization solely by 

11 reason of the matching fund requirement con12 tained in subparagraph (B) after the end of the 

13 2-year period beginning on the later of— 

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

15 item is issued by the Secretary; or 

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

17 American 5-Cent Coin Design Continuity 

18 Act of 2003, 

19 such unpaid amount shall be deposited in the 

20 Treasury as miscellaneous receipts.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by sub22 section (a) shall apply as of the date of the enactment of 

23 Public Law 104–208. 


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Union Calendar No. 14 

108TH CONGRESS 

1ST SESSION H. R. 258 

[Report No. 108–20] 

A BILL 

To ensure continuity for the design of the 5-cent 

Committee, and for other purposes. coin, establish the Citizens Coinage Advisory 

FEBRUARY 26, 2003 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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