[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,

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 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:

``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).

             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, 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.