US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 31USC5135]

 
                       TITLE 31--MONEY AND FINANCE
 
                           SUBTITLE IV--MONEY
 
                     CHAPTER 51--COINS AND CURRENCY
 
                   SUBCHAPTER III--UNITED STATES MINT
 
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.
                (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.

(Added Pub. L. 102-390, title II, Sec. 229(a), Oct. 6, 1992, 106 Stat. 
1631; amended Pub. L. 104-208, div. A, title I, Sec. 101(f) [title V, 
Sec. 529(d)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-352; Pub. L. 104-
329, title III, Sec. 303(a), Oct. 20, 1996, 110 Stat. 4014; Pub. L. 108-
15, title I, Sec. 103(a), Apr. 23, 2003, 117 Stat. 616.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (h), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5, Government Organization and Employees.


                               Amendments

    2003--Pub. L. 108-15 amended section catchline and text generally. 
Prior to amendment, text provided for the establishment of the Citizens 
Commemorative Coin Advisory Committee and contained provisions 
concerning its oversight, membership, duties, and funding, the term of 
each membership, and the compensation of each member.
    1996--Subsec. (a)(4). Pub. L. 104-329 reenacted heading without 
change and amended text generally. Prior to amendment, text read as 
follows: ``Each member appointed under clause (i) or (iii) of paragraph 
(3)(A) shall be appointed for a term of 4 years.''
    Pub. L. 104-208, Sec. 101(f) [title V, Sec. 529(d)(1)], reenacted 
heading without change and amended text generally. Prior to amendment, 
text read as follows: ``No individual shall be appointed to serve as a 
member of the Advisory Committee for a term in excess of 5 years.''
    Subsec. (a)(7). Pub. L. 104-208, Sec. 101(f) [title V, 
Sec. 529(d)(2)], added par. (7).


     Abolishment of Citizens Commemorative Coin Advisory Committee; 
                          Continuity of Members

    Pub. L. 108-15, title I, Sec. 103(b), (c), Apr. 23, 2003, 117 Stat. 
618, 619, provided that:
    ``(b) Abolishment of Citizens Commemorative Coin Advisory 
Committee.--Effective on the date of the enactment of this Act [Apr. 23, 
2003], 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 [Apr. 23, 2003], 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.''


  Staggered Terms for Members of Citizens Commemorative Coin Advisory 
                                Committee

    Pub. L. 104-329, title III, Sec. 303(b), Oct. 20, 1996, 110 Stat. 
4014, provided that members serving on the Citizens Commemorative Coin 
Advisory Committee as of Oct. 20, 1996, would be deemed to have been 
appointed to terms which ended on Dec. 31, 1997, 1998, or 1999.


   Status of Members of Citizens Commemorative Coin Advisory Committee

    Pub. L. 104-329, title III, Sec. 303(c), Oct. 20, 1996, 110 Stat. 
4015, provided that members appointed to the Citizens Commemorative Coin 
Advisory Committee under clause (i) or (iii) of subsec. (a)(3)(A) of 
this section would not be treated as special Government employees.