Financial Services And General Government Appropriations Act, 2008

Floor Speech

FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2008 -- (House of Representatives - June 28, 2007)

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Mr. LUCAS. Mr. Chairman, I yield myself as much time as I might consume.

Mr. Chairman, I am introducing this amendment in an effort to provide legal certainty for coin collectors who own certain coinage minted before January 1, 1933.

My amendment would prohibit funds in the bill from being used to seize or take possession of any coin, medal or numismatic item made or issued by the United States Mint before January 1, 1933, that is not already in the possession of the United States Government.

Under current law, the Mint has the authority to seize coins created during this period if it believes that they are unauthorized coins. These unauthorized coins were never properly issued, but were created by people at the Mint or working with the Mint more than 75 years ago.

A classic example is the case of the 1913 Liberty Head nickels. And now these items are a part of our numismatic heritage. These coins have likely been publicly bought and sold several times over without the Mint ever attempting to confiscate them.

My amendment seeks, therefore, to provide legal certainty for coin collectors that they may buy, own or sell these coins without the threat of government seizure. Again, this amendment will only apply to any coin, medal or numismatic item made or issued before January 1, 1933.

Mr. Chairman, I reserve the balance of my time.

POINT OF ORDER

Mr. SERRANO. Mr. Chairman, I make a point of order against the amendment because it proposes to change existing law and constitutes legislation in an appropriation bill and therefore violates clause 2 of rule XXI. And that states, ``An amendment to a general appropriation bill shall not be in order if changing existing law.'' And it does impose additional duties.

I ask for a ruling from the Chair.

The CHAIRMAN. Does any Member wish to be heard on the point of order?

Mr. LUCAS. Mr. Chairman, I would just simply like to note that in the way this amendment is constructed, it would not require the additional expenditure funds, I believe. I believe in the way that it is crafted, it simply would prevent the Federal Government from using existing funds to take an action against numismatic collectors who have these pre-1933 items. And I believe this is crafted well within the rules of the House.

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