[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 258 Introduced in House (IH)]







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
    ``(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 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.
            ``(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) 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.
            ``(8) Meetings.--
                    ``(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.
    ``(f) Annual Report.--
            ``(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.
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