108th CONGRESS
1st Session
H. R. 258
To ensure continuity for the design of the 5-cent coin, establish
the Citizens Coinage Advisory Committee, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 8, 2003
Mr. CANTOR (for himself, Mr. GOODE, Mr. SCHROCK, Mr. TOM DAVIS of Virginia,
Mr. GOODLATTE, Mr. SCOTT of Virginia, Mr. FORBES, Mr. MORAN of Virginia, Mr.
BOUCHER, Mrs. JO ANN DAVIS of Virginia, and Mr. WOLF) introduced the following
bill; which was referred to the Committee on Financial Services
A BILL
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--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 sentences: `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. The
reverse of any 5-cent coin issued after December 31, 2005, 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
`(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').
(1) APPOINTMENT- The Advisory Committee shall consist of 9 members appointed
by the Secretary as follows:
`(A) 5 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;
`(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) 1 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.
`(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) 3 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) 2 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 in the
Executive branch 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 shown.
`(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.
`(A) IN GENERAL- The Advisory Committee shall meet, not less frequently
than 3 times each year, at the call of the chairperson or a majority of
the members.
`(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 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.
`(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, the Director of the United States Mint shall provide to
the Advisory Committee the administrative support and technical services necessary
for the Advisory Committee to carry out its responsibilities under this section.
`(1) REQUIRED- Not later than January 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.
`(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.
`(g) 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) ELIGIBILITY OF MEMBERS OF CITIZENS COMMEMORATIVE COIN ADVISORY COMMITTEE-
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, shall be eligible for appointment by the Secretary of the Treasury to
serve on the Citizens Coinage Advisory Committee in one of the positions provided
for under section 5135(b)(1)(A) of title 31, United States Code, as amended
by subsection (a).
(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 5136(b) of title 31, United States Code, as amended by section
502(a) of this Act, is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraph (6) as paragraph (5).
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, 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.
END
