text: 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 
          whoare 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 CommemorativeCoin 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.
  
                                 Speaker of the House of Representatives.
  
                              Vice President of the United States and    
                                                 President of the Senate.
target: (This measure has not been amended since it was passed by the House on February 26, 2003. The summary of that version is repeated here.)
  
  American 5-Cent Coin Design Continuity Act of 2003 - Title I: United States American 5-Cent Coin Design Continuity - (Sec. 101) Authorizes the Secretary of the Treasury to change the design on the obverse and reverse sides of five-cent 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.States that if the Secretary elects to change: (1) 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; and (2) the reverse of the 5-cent coins issued during such years, the design selected shall depict images emblematic of the Louisiana Purchase or the expedition of Meriwether Lewis and William Clark. (Sec. 102) Requires the obverse of any 5-cent coin issued after December 31, 2005, to bear the likeness of Thomas Jefferson and the reverse of such coin bear an image of the home of Thomas Jefferson at Monticello. (Sec. 103) Establishes a seven-member Coin Design Advisory Committee to advise the Secretary on coin themes and designs.Abolishes the Citizens Commemorative Coin Advisory Committee. Authorizes certain Committee members to continue serving the remainder of their appointed term as a member of the Citizens Coinage Advisory Committee as determined by the Secretary.Title II: Technical and Clarifying Provisions - (Sec. 201) Amends Federal law to revise the requirements for payment of surcharges to recipient organizations.Requires deposit into the Treasury as unpaid receipts certain unpaid amounts derived from surcharge proceeds.
feat_title: To ensure continuity for the design of the 5-cent coin, establish the Citizens Coinage Advisory Committee, and for other purposes.