I 
109TH CONGRESS 
2D SESSION 
H. R. 5077 
To amend title 31, United States Code, to provide a clear line of demarcation 
with regard to private ownership of any coin, medal, or numismatic 
item made or issued by the United States Government before January 
1, 1933, that is not in the possession of the United States Government, 
to establish certain guidelines and requirements with respect to the 
inventory, preservation, public display, and disposition of certain United 
States coins, medals, and numismatic items that were struck or made 
after December 31, 1932, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 4, 2006 
Mr. LUCAS introduced the following bill; which was referred to the Committee 
on Financial Services 
A BILL 
To amend title 31, United States Code, to provide a clear 
line of demarcation with regard to private ownership 
of any coin, medal, or numismatic item made or issued 
by the United States Government before January 1, 
1933, that is not in the possession of the United States 
Government, to establish certain guidelines and require-
ments with respect to the inventory, preservation, public 
display, and disposition of certain United States coins, 
medals, and numismatic items that were struck or made 
after December 31, 1932, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Numismatic Rarities 
Certainty Act of 2006’’. 
SEC. 2. DISPOSITION OF CERTAIN UNITED STATES COINS. 
(a) IN GENERAL.—Subchapter II of chapter 51, 
United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 5123. Inventory and disposition of certain United 
States coins, medals, and numismatic 
items 
‘‘(a) COINS, MEDALS, AND
NUMISMATIC
ITEMS 
MADE BEFORE 1933.—Any coin, medal, or numismatic 
item made or issued by the United States Government be-
fore January 1, 1933, that, as of the date of the enact-
ment of the Numismatic Rarities Certainty Act of 2006, 
is not in the possession of the United States Government 
shall not be considered to be property of the United 
States, unless the coin, medal, or numismatic item is reac-
quired by the United States Government for value given 
in a sale or exchange. 
‘‘(b) COINS, MEDALS, AND
NUMISMATIC
ITEMS 
MADE AFTER 1932.— 
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‘‘(1) IN GENERAL.—In the case of any coin, 
medal, or numismatic item that— 
‘‘(A) was struck or made by the United 
States Government after December 31, 1932; 
‘‘(B) was never issued by the United 
States Government; and 
‘‘(C) comes into the possession of the 
United States Government, 
the coin, medal, or numismatic item shall be trans-
ferred to the Secretary of the Treasury, if not al-
ready in the Secretary’s possession, and the Sec-
retary shall take the appropriate action required 
with respect to such coin, medal, or numismatic item 
under paragraph (2). 
‘‘(2) DISPOSITION OF COINS, MEDALS, OR NU-
MISMATIC ITEMS.— 
‘‘(A) 
DETERMINATION
OF
AVAILABLE 
ITEMS.—Upon taking possession of any coin, 
medal, or numismatic item under paragraph 
(1), the Secretary of the Treasury shall make a 
determination of the number and condition of 
the coins, medals, or numismatic items of the 
same denomination, quality, type, and year of 
production as the coin, medal, or numismatic 
item referred to in such paragraph, taking into 
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account the most recent inventory conducted in 
accordance with subsection (c). 
‘‘(B) HISTORIC PRESERVATION AND PUB-
LIC DISPLAY.—The Secretary shall ensure that 
an appropriate number of any coin, medal, or 
numismatic item of the same denomination, 
quality, type, and year of production that are or 
come into the Secretary’s possession— 
‘‘(i) are retained for historical pur-
poses; and 
‘‘(ii) are made available for public 
viewing at such times and places as the 
Secretary, in the sole discretion of the Sec-
retary, determines to be appropriate. 
‘‘(C) SALE OF EXCESS AT PUBLIC AUC-
TION.— 
‘‘(i) IN
GENERAL.—If the Secretary 
determines that the number of any coins, 
medals, or numismatic items of the same 
denomination, quality, type, and year of 
production that are in the Secretary’s pos-
session exceeds the number that are appro-
priate for historic preservation and public 
display under subparagraph (B), the Sec-
retary may dispose of such excess, or such 
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portion of the excess as the Secretary de-
termines to be appropriate, at public auc-
tion. 
‘‘(ii) PROCEEDS.—The proceeds from 
any auction conducted by the Secretary 
under clause (i) shall be deposited in an 
endowment fund for the National Numis-
matic Collection at the Smithsonian Insti-
tution. 
‘‘(iii) RULE OF CONSTRUCTION.—No 
provision of this section may be construed 
as authorizing the United States Mint to 
establish a national museum of money or 
any other museum. 
‘‘(D) STANDARDS.—In making any deter-
mination with regard to any public auction of 
coins, medals, or numismatic items under sub-
paragraph (C)(i), the following standards shall 
be taken into account by the Secretary: 
‘‘(i) Maximum return to the Govern-
ment. 
‘‘(ii) Interest of the numismatic com-
munity in the sale and in the items to be 
offered for sale. 
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‘‘(iii) Interest of the general public in 
the items to be offered for sale. 
‘‘(E) 
DESTRUCTION
OF
UNSOLD
EX-
CESS.—Any coins, medals, or numismatic items 
that— 
‘‘(i) were determined by the Secretary, 
under subparagraph (C)(i) to be in excess 
of the number of such coins, medals, or 
numismatic items that are appropriate for 
historic preservation and public display 
under subparagraph (B); and 
‘‘(ii) remain unsold following an auc-
tion under such subparagraph, or were 
withheld from such auction by the Sec-
retary in accordance with subparagraph 
(C)(i), 
may be treated as obsolete and disposed of in 
the manner provided in section 5120. 
‘‘(c) INVENTORY.— 
‘‘(1) IN GENERAL.—By January 1, 2007, and 
every 5 years thereafter, the Secretary of the Treas-
ury shall conduct and compile an inventory of all 
coins, medals, or numismatic items that are in the 
possession of the United States Government or that 
are on loan to, or were at any time presented to or 
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