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
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
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
Secretary—
‘‘(i) 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 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
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;
‘‘(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.
‘‘(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 Ad-
visory 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 Ad-
visory Committee in the same amounts and under
the same conditions as employees of the United
States Mint who engage in official travel, as deter-
mined by the Secretary.
‘‘(8) MEETINGS.—
‘‘(A) IN
GENERAL.—The Advisory Com-
mittee 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.—Time-
ly notice of each meeting of the Advisory Com-
mittee shall be published in the Federal Reg-
ister, 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 Sec-
retary 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 commemo-
rated by the issuance of commemorative coins
in each of the 5 calendar years succeeding the
year in which a commemorative coin designa-
tion is made;
‘‘(B) the mintage level for any commemo-
rative coin recommended under subparagraph
(A); and
‘‘(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
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.
(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).
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
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.’’.
(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:
Clerk.