[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 258 Referred in Senate (RFS)]
1st Session
H. R. 258
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2003
Received; read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
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 who are 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 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 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.
Passed the House of Representatives February 26, 2003.
Attest:
JEFF TRANDAHL,
Clerk.