[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 258 Enrolled Bill (ENR)]
H.R.258
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
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,

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This Act may be cited as the ``American 5-Cent Coin Design
Continuity Act of 2003''.

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(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.

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TITLE I

-UNITED STATES 5-CENT COIN DESIGN CONTINUITY

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''.

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(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
whoare 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 CommemorativeCoin 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).

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(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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American 5-Cent Coin Design Continuity Act of 2003

Other Sections

TITLE I

TITLE II

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