Public Law 108–15
108th Congress
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 followingnew 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:
‘‘§ 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.
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.