IIB 
108TH CONGRESS 
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, estab-
lish the Citizens Coinage Advisory Committee, and for 
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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—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 Com-
mittee 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 Treas-
ury elects to change the obverse of 5-cent coins 
issued during 2003, 2004, and 2005, the design 
shall depict a likeness of President Thomas Jeffer-
son, 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 Treas-
ury elects to change the reverse of the 5-cent coins
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issued during 2003, 2004, and 2005, the design se-
lected 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 designa-
tions 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 like-
ness of Thomas Jefferson and the reverse of any such 5-
cent coin shall bear an image of the home of Thomas Jef-
ferson 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
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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 au-
thority 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 Sec-
retary as follows: 
‘‘(A) Seven persons appointed by the Sec-
retary—
‘‘(i) one of whom shall be appointed 
from among individuals who are specially 
qualified to serve on the Advisory Com-
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mittee by virtue of their education, train-
ing, or experience as a nationally or inter-
nationally 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 Com-
mittee 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 Com-
mittee by virtue of their education, train-
ing, or experience in American history; 
‘‘(iv) one of whom shall be appointed 
from among individuals who are specially 
qualified to serve on the Advisory Com-
mittee by virtue of their education, train-
ing, 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 Sec-
retary on the basis of the recommendations of
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the following officials who shall make the selec-
tion for such recommendation from among citi-
zens who are specially qualified to serve on the 
Advisory Committee by virtue of their edu-
cation, 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 Represent-
atives. 
‘‘(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 ap-
pointment, of the members first appointed—
‘‘(i) four of the members appointed 
under paragraph (1)(A) shall be appointed 
for a term of 4 years;
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‘‘(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 STA-
TUS.—No individual may be appointed to the Advi-
sory Committee while serving as an officer or em-
ployee of the Federal Government. 
‘‘(4) CONTINUATION
OF
SERVICE.—Each ap-
pointed 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 man-
ner 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.
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‘‘(C) the proposed designs for commemora-
tive 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 Sec-
retary from the United States Mint Public Enterprise 
Fund. 
‘‘(e) ADMINISTRATIVE SUPPORT, TECHNICAL SERV-
ICES, 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 administra-
tive support, technical services, and advice that the Sec-
retary 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 Finan-
cial Services of the House of Representatives and
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the Committee on Banking, Housing, and Urban Af-
fairs of the Senate. Should circumstances arise in 
which the Advisory Committee cannot meet the Sep-
tember 30 deadline in any year, the Secretary shall 
advise the Chairpersons of the Committee on Finan-
cial Services of the House of Representatives and 
the Committee on Banking, Housing, and Urban Af-
fairs of the Senate of the reasons for such delay and 
the date on which the submission of the report is an-
ticipated. 
‘‘(2) CONTENTS.—The report required by para-
graph (1) shall describe the activities of the Advisory 
Committee during the preceding year and the re-
ports 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.
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(c) CONTINUITY OF MEMBERS OF CITIZENS COM-
MEMORATIVE 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 offi-
cers 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 Advi-
sory 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 Com-
memorative 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).
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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 organiza-
tion unless—
‘‘(i) all numismatic operation and pro-
gram costs allocable to the program under 
which such numismatic item is produced 
and sold have been recovered; and 
‘‘(ii) the designated recipient organi-
zation submits an audited financial state-
ment 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 organi-
zation has raised funds from private 
sources for such projects and purposes in 
an amount that is equal to or greater than
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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 im-
posed on the sale of any numismatic item that 
may otherwise be paid from the fund, under 
any provision of law relating to such numis-
matic item, to any designated recipient organi-
zation remains unpaid to such organization 
solely by reason of the matching fund require-
ment 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.’’.
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(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.