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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 258 Referred in Senate (RFS)]

  1st Session
                                H. R. 258

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2003

Received; read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 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 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:
``Sec. 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.
                            ``(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.
            ``(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 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--
                            ``(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.

            Passed the House of Representatives February 26, 2003.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
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