    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 615

    Public Law 108-15
    108th Congress

    An Act

    To ensure continuity for the design of the 5-cent coin, establish the
    Citizens [NOTE: Apr. 23, 2003 -  [H.R. 258]] 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 [NOTE: American 5-Cent Coin Design
    Continuity Act of 2003.] assembled,

    SECTION 1. [NOTE: 31 USC 5101 note.] 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 [NOTE: 31 USC 5101 note.] 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

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    117 STAT. 616

    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.

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    117 STAT. 617

    ``(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 [NOTE: Federal Register,
    publication.] 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.

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    117 STAT. 618

    ``(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)  [NOTE: Deadline.] 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)  [NOTE: Effective date. 31 USC 5135 note.] Abolishment of
    Citizens Commemorative Coin Advisory Committee.--Effective on the date
    of the enactment of this Act, the Citizens Commemorative Coin Advisory
    Committee (established

    [[Page 619]]

    117 STAT. 619

    by section 5135 of title 31, United States Code, as in effect before the
    amendment made by subsection (a)) is hereby abolished.

    (c)  [NOTE: 31 USC 5135 note.] 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--

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    117 STAT. 620

    ``(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)  [NOTE: Applicability. 31 USC 5134 note.] Effective Date.--The
    amendment made by subsection (a) shall apply as of the date of the
    enactment of Public Law 104-208.

    Approved April 23, 2003.

    LEGISLATIVE HISTORY--H.R. 258:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 108-20 (Comm. on Financial Services).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    Feb. 26, considered and passed House.
    Apr. 11, considered and passed Senate.