19–006

108TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 1st Session 108–20

AMERICAN 5-CENT COIN DESIGN CONTINUITY ACT OF 2003

FEBRUARY 26, 2003.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. OXLEY, from the Committee on Financial Services, 

submitted the following 

R E P O R T 

[To accompany H.R. 258] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Financial Services, to whom was referred the 

bill (H.R. 258) to ensure continuity for the design of the 5-cent coin, 

establish the Citizens Coinage Advisory Committee, and for other 

purposes, having considered the same, report favorably thereon 

with an amendment and recommend that the bill as amended do 

pass.

CONTENTS 

Page 

Amendment .............................................................................................................. 1

Purpose and Summary ............................................................................................ 5

Background and Need for Legislation .................................................................... 6

Hearings ................................................................................................................... 6

Committee Consideration ........................................................................................ 6

Committee Votes ...................................................................................................... 6

Committee Oversight Findings ............................................................................... 7

Performance Goals and Objectives ......................................................................... 7

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 7

Committee Cost Estimate ....................................................................................... 7

Congressional Budget Office Cost Estimate .......................................................... 7

Federal Mandates Statement ................................................................................. 9

Constitutional Authority Statement ...................................................................... 9

Applicability to Legislative Branch ........................................................................ 10

Section-by-Section Analysis .................................................................................... 10

AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following:

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SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘American 5-Cent Coin Design Continuity Act of 

2003’’. 

TITLE I—U.S. 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: 

‘‘§ 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) 7 persons appointed by the Secretary—

‘‘(i) 1 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) 1 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) 1 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; 

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‘‘(iv) 1 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) 3 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) 4 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) 1 person recommended by the Speaker of the House of Representatives. 

‘‘(ii) 1 person recommended by the minority leader of the House of 

Representatives. 

‘‘(iii) 1 person recommended by the majority leader of the Senate. 

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

‘‘(ii) the 4 members appointed under paragraph (1)(B) shall be appointed for a term of 3 years; and 

‘‘(ii) 3 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.—7 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—

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‘‘(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 AND TECHNICAL SERVICES.—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—

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‘‘(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, 

the amount of funds the organization has raised from private sources 

for all projects or purposes for which the proceeds of such surcharge 

may be used. 

‘‘(B) MATCHING FUND REQUIREMENT.—Notwithstanding any other provision of law, the 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 shall not exceed the amount the organization has demonstrated, in accordance with subparagraph (A)(ii), that the organization has raised from private sources for all projects or purposes for 

which the proceeds of such surcharge may be used. 

‘‘(C) 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 (B) 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.

PURPOSE AND SUMMARY

H.R. 258, the ‘‘American 5-Cent Coin Design Continuity Act of 

2003’’ authorizes the Secretary of the Treasury (Secretary) to 

change the obverse and reverse designs of the circulating 5-cent 

coin in each year 2003 through 2006, with the last coin becoming 

the new design for the circulating coin. The legislation provides 

that, if changed, each obverse must be of Thomas Jefferson, though 

all may be different; that the coin reverses designs for 2003, 2004 

and 2005, if changed, must represent themes related to the Louisiana Purchase or the Lewis and Clark voyage of discovery; and 

that the 2006 reverse design must be of Jefferson’s home, Monticello, though not necessarily the same as that currently on the circulating five-cent coin. 

The bill further eliminates the Citizens Commemorative Coin 

Advisory Committee and establishes a Citizens Coinage Advisory 

Committee, independent of the United States Mint, to advise the 

Secretary on design proposals for circulating, bullion and commemorative coins and for medals produced by the United States 

Mint. Finally, the bill clarifies original Congressional intent to 

specify that organizations that are designated the recipient of surcharge proceeds from the sale of Congressionally authorized commemorative coins must raise from private sources an amount equal 

to or greater than the amount of surcharge funds realized by the 

sale of coins, and establishes a method of disposing of unclaimed 

surcharge funds. 

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BACKGROUND AND NEED FOR LEGISLATION

Current Federal law allows the Secretary to make only a single 

change to the design of a circulating coin within 25 years of its 

issue. Thus, specific legislative authority is required for the Mint’s 

proposal to strike a 4-year, 4-coin set of circulating 5-cent coins—

along the lines of the 50-State quarters—to recognize the importance of the Lewis and Clark voyage and of the Louisiana Purchase. The Coinage Advisory Committee is intended to provide the 

Treasury Secretary, who ultimately makes the decision on coin designs, with a ‘‘second opinion’’ on coin and medal designs proposed 

by the Mint. The committee is designed with citizen ‘‘generalist’’

members, specialists in aspects of coin design, and citizen nominees 

from both Houses of Congress to ensure broad-based input on both 

design aspects and the political implications of proposed designs or 

design changes. The legislation specifies that the Mint may offer 

technical advice, and must provide the committee with all appropriate information as well as resources for the committee to function. 

Finally, the legislation clarifies the original Congressional intent 

of the Commemorative Coin Authorization and Reform Act of 1995 

(enacted as part of H.R. 3610, the Department of Defense Appropriations Act of 1997, Public Law No. 104–208) on the distribution 

of coin surcharges from commemorative coin sales. During House 

debate on the original bill (H.R. 2614), the author indicated that 

the funds raised from outside sources must match the actual 

amount of surcharges raised, not necessarily the potential amount 

that could have been raised if all coins authorized had been sold:

The maximum surcharge disbursement to a recipient organization is limited to the amount received from separate 

fund raising by that organization. No longer will organizations depend exclusively on surcharges for funding 

projects. This reform will insure that beneficiary organizations are not simply created to receive the proceeds of commemorative coins by requires that they demonstrate an 

adequate and independent measure of public support. 

(Congressional Record, December 5, 1995, p. H13947)

Thus, the bill includes a provision to ensure that the statutory language reflects this intent. 

HEARINGS

No hearings were held on this legislation in the 108th Congress. 

COMMITTEE CONSIDERATION

The Committee on Financial Services met in open session on 

February 13, 2003 and ordered H.R. 258, the American 5-Cent Coin 

Continuity Act, reported to the House with an amendment by a 

voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. No record votes were 

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taken with in conjunction with the consideration of this legislation. 

A motion by Mr. Oxley to report the bill to the House with a favorable recommendation was agreed to by a voice vote. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee made findings that are reflected 

in this report. 

PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the Committee establishes the following performance related goals and objectives for this legislation: 

The United States Mint will use the authorities contained in this 

legislation to demonstrate its ability to successfully redesign circulating United States coinage, and the public’s appetite for such redesign. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee adopts as its own the estimate of budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by the 

Director of the Congressional Budget Office pursuant to section 402 

of the Congressional Budget Act of 1974. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate provided by 

the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, February 25, 2003. 

Hon. MICHAEL G. OXLEY, 

Chairman, Committee on Financial Services, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 258, the American 5-Cent 

Coin Design Continuity Act of 2003. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, 

Director. 

Enclosure. 

8

H.R. 258—American 5-Cent Coin Design Continuity Act of 2003

Summary: H.R. 258 would authorize the U.S. Mint to temporarily make changes to the design of the 5-cent coin to be issued 

in 2003, 2004, and 2005 to commemorate the 1803 Louisiana Purchase or the Lewis and Clark expedition. CBO estimates that enacting this bill would decrease direct spending by $2 million over 

the 2003–2007 period because the new design would generate increased sales of mint coin sets. H.R. 258 contains no intergovernmental or private-sector mandates as defined in the Unfunded 

Mandates Reform Act (UMRA) and would not affect the budgets of 

state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 258 is shown in the following table. The effects of this legislation fall within budget function 800 (general government).

By fiscal year, in millions of dollars—

2003 2004 2005 2006 2007 2008

CHANGES IN DIRECT SPENDING

Estimated Budget Authority ......................................................... 0 ¥1 ¥1 (1) 0 0

Estimated Outlays ........................................................................ 0 ¥1 ¥1 (1) 0 0

Note.—1=less than ¥$500,000. 

In addition to the budgetary effects summarized in the table, by 

increasing the public’s holding of coins, H.R. 258 also would provide the government with additional resources for financing the 

federal deficit. The seigniorage (or profit) from placing the additional coins in circulation—the difference between the face value of 

the coins and the cost of production—would reduce the amount the 

government needs to borrow from the public. CBO estimates that 

seignoirage resulting from the bill would amount to about $15 million annually for a two-year period. Under the principles established by the President’s 1967 Commission on Budget Concepts, 

seigniorage does not directly affect the budget but is treated as a 

means of financing the deficit. 

Basis of estimate 

Direct spending 

H.R. 258 would authorize the U.S. Mint to temporarily change 

the design of the current 5-cent coin over the 2003–2005 period. According to the Mint, it would take approximately 6 months to design, test, and produce a new 5-cent coin for circulation. Thus, assuming this bill is enacted late in fiscal year 2003, CBO expects 

that the new coin would begin circulating around the middle of fiscal year 2004. CBO estimates that designing and preparing dies for 

a new 5-cent coin would cost less than $100,000 in 2004. 

CBO assumes the Mint would sell 5-coin and 10-coin proof and 

silver sets of the redesigned 5-cent coin. Based on information provided by the Mint and historical sales and profit information for 

the 50 States Circulating Commemorative Quarter Program, CBO 

estimates that sales of the 5-cent coin in various mint sets would 

increase offsetting collections to the Mint by about $4 million over 

the 2003–2007 period. 

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Based on the cost of previous mint set issues, CBO estimates that the Mint would retain and spend about one-half of the $4 million in increased offsetting collections to cover the costs of producing the coins. The Mint must transfer any excess funds it generates from mint set sales to the general fund of the Treasury. Net 

receipts to the Treasury, therefore, would total about $2 million. 

Seigniorage 

Based on the experience of the 50 States Commemorative Quarter Program, CBO expects that enacting the bill would cause the 

Mint to double the production of nickels because many individuals 

retain and collect the new coins. The seigniorage, or profit, from 

placing additional coins in circulation would reduce the amount the 

government borrows from the public. Nickel production has averaged approximately 1.5 billion a year over the past decade, and the 

seigniorage is about 1 cent per coin. CBO expects that nickel production would double to 3 billion coins for two years, so seigniorage 

earned by the federal government would increase by about $30 million over the 2004–2006 period. 

Intergovernmental and private-sector impact: H.R. 258 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would not affect the budgets of state, local, or tribal 

governments. 

Estimate prepared by: Federal costs: Matthew Pickford; impact 

on State, local, and tribal governments: Theresa Gullo; impact on 

the private sector: Paige Piper/Bach. 

Estimate approved by: Robert A. Sunshine, Assistant Director for 

Budget Analysis.

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

Section 103 of the bill amends section 5135 of title 31, United 

States Code, to abolish the Citizens Commemorative Coin Advisory 

Committee and establishes the Citizens Coinage Advisory Committee to advise 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 in accordance with section 5111 of title 31, United 

States Code and on any other proposals or issues relating to any 

items produced or sold by the United States Mint that the Secretary may request of the Advisory Committee. Pursuant to the requirements of subsection 5(b) of the Federal Advisory Committee 

Act, the Committee finds that the functions of the proposed advisory committee is not and cannot be performed by an existing Federal agency or advisory commission or by enlarging the mandate of 

an existing advisory committee. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional 

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Authority of Congress to enact this legislation is provided by Article 1, section 8, clause 3 (relating to the power to regulate interstate and foreign commerce) and clause 5 (relating to the coining 

of money). 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section establishes the short title of the bill, the ‘‘American 

5-Cent Coin Design Continuity Act of 2003’’. 

TITLE I—U.S. 5-CENT COIN DESIGN CONTINUITY

Section 101. Designs on the 5-cent coin 

This section authorizes the Secretary of the Treasury to change 

the obverse and reverse designs of the circulating 5-cent coin in 

2003, 2004, and 2005 to recognize the Louisiana Purchase and the 

Lewis and Clark voyage of discovery. All obverses must bear the 

likeness of President Thomas Jefferson, though all may be different. All reverses must display images emblematic of the Louisiana Purchase or the Lewis and Clark voyage of discovery, though 

all may be different. 

Section 102. Designs on the 5-cent coin subsequent to the recognition 

of the bicentennial of the Louisiana Purchase and the Lewis 

and Clark Expedition 

This section specifies that the design for the circulating coin in 

2006 and succeeding years bear on its obverse the likeness of President Thomas Jefferson, though it may be different than the currently used image or any used in the previous three years, and the 

image on the reverse must be of Jefferson’s home, Monticello, 

though it may be different than the currently used image. 

Section 103. Citizens Coinage Advisory Committee 

This section amends section 5135 of title 31, United States Code 

to eliminate the Citizens Commemorative Coin Advisory Committee and establish the Citizens Coinage Advisory Committee, an 

advisory committee independent of the U.S. Mint to advise the Secretary on design proposals for coins and medals produced by the 

Mint. 

The provision requires that the rotating membership must include individuals with expertise in numismatics, medallic arts or 

sculpture, American history, and other similar areas of expertise. 

It further requires that the Committee hold open meetings, that 

technical and other resources be provided the committee by the 

Mint, and specifies other aspects of its functions. Finally, it specifies that members of the Citizens Commemorative Coin Advisory 

Committee are eligible for appointment to the Citizens Coinage AdVerDate Dec 13 2002 00:53 Feb 28, 2003 Jkt 085197 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR020.XXX HR020
11

visory Committee so long as they meet the other criteria outlined 

in this section. 

TITLE II—TECHNICAL AND CLARIFYING PROVISIONS

Section 201. Clarification of existing law 

This section clarifies that Congressional intent in reforming the 

commemorative coin program was that organizations that are the 

designated recipients of surcharges realized by the sale of Congressionally authorized commemorative coins must raise from private 

sources funds that match the amount of surcharges actually raised, 

not the amount that could have been raised if all the coins authorized had actually been sold.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

CHAPTER 51 OF TITLE 31, UNITED STATES CODE 

CHAPTER 51—COINS AND CURRENCY 

* * * * * * *

SUBCHAPTER II—GENERAL AUTHORITY 

* * * * * * *

§ 5112. Denominations, specifications, and design of coins 

(a) * * *

* * * * * * *

(d)(1) United States coins shall have the inscription ‘‘In God We 

Trust’’. The obverse side of each coin shall have the inscription 

‘‘Liberty’’. The reverse side of each coin shall have the inscriptions 

‘‘United States of America’’ and ‘‘E Pluribus Unum’’ and a designation of the value of the coin. The design on the reverse side of the 

dollar, half dollar, and quarter dollar is an eagle. 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. The Secretary of the 

Treasury, in consultation with the Congress, shall select appropriate designs for the obverse and reverse sides of the dollar coin. 

However, to prevent or alleviate a shortage of a denomination, the 

Secretary may inscribe coins of the denomination with the year 

that was last inscribed on coins of the denomination. 

(2) The Secretary shall prepare the devices, models, hubs, and 

dies for coins, emblems, devices, inscriptions, and designs authorized under this chapter. The Secretary may, after consulting with 

the Citizens Coinage Advisory Committee and the Commission of 

Fine Arts, adopt and prepare new designs or models of emblems or 

devices that are authorized in the same way as when new coins or 

devices are authorized. The Secretary may change the design or die 

12

of a coin only once within 25 years of the first adoption of the design, model, hub, or die for that coin. The Secretary may procure 

services under section 3109 of title 5 in carrying out this paragraph. 

* * * * * * *

(l) REDESIGN AND ISSUANCE OF QUARTER DOLLAR IN COMMEMORATION OF EACH OF THE 50 STATES.—

(1) * * *

* * * * * * *

(4) SELECTION OF DESIGN.—

(A) IN GENERAL.—Each of the 50 designs required under 

this subsection for quarter dollars shall be—

(i) * * *

* * * * * * *

(ii) reviewed by the øCitizens Commemorative Coin 

Advisory Committee¿ Citizens Coinage Advisory Committee. 

* * * * * * *

SUBCHAPTER III—UNITED STATES MINT 

* * * * * * *

§ 5134. Numismatic Public Enterprise Fund 

(a) * * *

* * * * * * *

(c) OPERATIONS OF THE FUND.—

(1) * * *

* * * * * * *

ø(4) EXPENSES OF CITIZENS COMMEMORATIVE COIN ADVISORY

COMMITTEE.—For purposes of paragraph (1), any expense incurred by the Secretary in connection with the Citizens Commemorative Coin Advisory Committee established under section 5135 shall be treated as an expense incurred for numismatic operations and programs which is an ordinary and reasonable incident of the numismatic business.¿

ø(5)¿ (4) TRANSFER OF EXCESS AMOUNTS TO THE TREASURY.—

(A) * * *

* * * * * * *

(f) CONDITIONS ON PAYMENT OF SURCHARGES TO RECIPIENT ORGANIZATIONS.—

ø(1) PAYMENT OF SURCHARGES.—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—

ø(A) all numismatic operation and program costs allocable to the program under which such numismatic item 

is produced and sold have been recovered; and 

ø(B) the designated recipient organization submits an 

audited financial statement that demonstrates to the satisVerDate Dec 13 2002 00:53 Feb 28, 2003 Jkt 085197 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR020.XXX HR020
13

faction of the Secretary of the Treasury 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 maximum 

amount the organization may receive from the proceeds of 

such surcharge.¿

(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, the amount of funds the 

organization has raised from private sources for all 

projects or purposes for which the proceeds of such surcharge may be used. 

(B) MATCHING FUND REQUIREMENT.—Notwithstanding 

any other provision of law, the 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 shall not exceed the amount the organization has demonstrated, in accordance with subparagraph (A)(ii), that the organization 

has raised from private sources for all projects or purposes 

for which the proceeds of such surcharge may be used. 

(C) 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 (B) 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.

* * * * * * *

ø§ 5135. Citizens Commemorative Coin Advisory Committee 

ø(a) ESTABLISHMENT REQUIRED.— ø(1) IN GENERAL.—The Secretary of the Treasury shall establish a Citizens Commemorative Coin Advisory Committee 

(hereafter in this section referred to as the ‘‘Advisory Committee’’) to advise the Secretary on the selection of subjects and 

designs for commemorative coins. 

14

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

Committee shall be subject to the direction of the Secretary of 

the Treasury. 

ø(3) MEMBERSHIP.—

ø(A) VOTING MEMBERS.—The Advisory Committee shall 

consist of 7 members appointed by the Secretary of the 

Treasury—

ø(i) 3 of whom shall be appointed from among individuals specially qualified to serve on the committee 

by reason of their education, training, or experience in 

art, art history, museum or numismatic collection 

curation, or numismatics; 

ø(ii) 1 of whom shall be appointed from among officers or employees of the United States Mint who will 

represent the interests of the Mint; and 

ø(iii) 3 of whom shall be appointed from among individuals who will represent the interest of the general 

public. 

ø(B) NONVOTING MEMBER.—A member of the Commission of Fine Arts may participate in the proceedings of the 

Advisory Committee as a nonvoting member. 

ø(4) TERMS.—

ø(A) IN GENERAL.—Each individual appointed to the Advisory Committee under clause (i) or (iii) of paragraph 

(3)(A) shall be appointed for a term of 4 years. 

ø(B) INTERIM APPOINTMENTS.—Any member appointed to 

fill a vacancy occurring before the expiration of the term 

for which such member’s predecessor was appointed shall 

be appointed only for the remainder of such term. 

ø(C) CONTINUATION OF SERVICE.—Each member appointed under clause (i) or (iii) of paragraph (3)(A) may 

continue to serve after the expiration of the term to which 

such member was appointed until a successor has been appointed and qualified. 

ø(5) COMPENSATION; TRAVEL EXPENSES.—

ø(A) NO COMPENSATION.—Members of the Advisory Committee shall serve without pay. 

ø(B) TRAVEL EXPENSES.—Members of the Advisory Committee shall be entitled to receive travel or transportation 

expenses, or a per diem allowance in lieu of expenses, 

while away from such member’s home or place of business 

in connection with such member’s service on the Advisory 

Committee. 

ø(6) FUNDING.—The expenses of the Advisory Committee 

which the Secretary of the Treasury determines are reasonable 

and appropriate shall be paid by the Secretary in the manner 

provided in section 5134. 

ø(7) CHAIRPERSON.—

ø(A) IN GENERAL.—Subject to subparagraph (B), the 

Chairperson of the Advisory Committee shall be elected by 

the members of the Advisory Committee from among such 

members. 

ø(B) EXCEPTION.—The member appointed pursuant to 

paragraph (3)(A)(ii) (or the alternate to that member) may 

15

not serve as the Chairperson of the Advisory Committee, 

beginning on June 1, 1999. 

ø(b) DUTIES.—

ø(1) PREPARATION OF PROPOSALS FOR COMMEMORATIVE COINS

FOR 5-YEAR PERIOD.—The Advisory Committee shall—

ø(A) designate annually 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 such 

designation is made; 

ø(B) make recommendations with respect to the mintage 

level for any commemorative coin recommended under 

subparagraph (A); and 

ø(C) submit a report to the Congress containing a description of the events, persons, or places which the Committee recommends be commemorated by a coin, the mintage level recommended for any such commemorative coin, 

and the committee’s reasons for such recommendations. 

ø(2) DESIGN SELECTION.—The Advisory Committee shall review proposed designs for commemorative coins and provide 

recommendations to the Secretary of the Treasury with respect 

to such proposals. 

ø(c) FEDERAL ADVISORY COMMITTEE ACT NOT APPLICABLE.—The 

Federal Advisory Committee Act shall not apply to the Advisory 

Committee.¿

§ 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) 7 persons appointed by the Secretary—

(i) 1 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) 1 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) 1 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; 

16

(iv) 1 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) 3 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) 4 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) 1 person recommended by the Speaker of the 

House of Representatives. 

(ii) 1 person recommended by the minority leader of 

the House of Representatives. 

(iii) 1 person recommended by the majority leader of 

the Senate. 

(iv) 1 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) 4 of the members appointed under paragraph 

(1)(A) shall be appointed for a term of 4 years; 

(ii) the 4 members appointed under paragraph (1)(B) 

shall be appointed for a term of 3 years; and 

(ii) 3 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 inVerDate Dec 13 2002 00:53 Feb 28, 2003 Jkt 085197 PO 00000 Frm 00016 Fmt 6659 Sfmt 6603 E:\HR\OC\HR020.XXX HR020
17

cidental 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.—7 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 AND TECHNICAL SERVICES.—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 

18

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.

* * * * * * *

Æ