[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 [[Page 616]] 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. [[Page 617]] 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. [[Page 618]] 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-- [[Page 620]] 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.