[United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
[From the U.S. Government Printing 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

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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:
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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.