I 

108TH CONGRESS 

2D SESSION H. R. 5046 

To require the Secretary of the Treasury to mint coins in commemoration 

of the tragic loss of lives at the Pentagon on September 11, 2001, 

and to support construction of the Pentagon 9/11 Memorial in Arlington, 

Virginia. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 9, 2004 

Mr. TOM DAVIS of Virginia (for himself, Mr. MORAN of Virginia, Mr. WOLF, 

Mr. BOUCHER, Mr. CANTOR, Mr. SCOTT of Virginia, Mr. GOODE, Mr. 

GOODLATTE, Mr. SCHROCK, and Mrs. JO ANN DAVIS of Virginia) introduced the following bill; which was referred to the Committee on Financial Services 

A BILL 

To require the Secretary of the Treasury to mint coins 

in commemoration of the tragic loss of lives at the Pentagon on September 11, 2001, and to support construction of the Pentagon 9/11 Memorial in Arlington, Virginia. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pentagon 9/11 Memo5 rial Commemorative Coin Act of 2004’’. 
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1 SEC. 2. FINDINGS. 

2 The Congress finds as follows: 

3 (1) Construction of the Pentagon was com4 pleted in the midst of World War II on January 15, 

5 1943. 

6 (2) September 11, 2001, marks a tragic day in 

7 the history of the United States and the Pentagon 

8 Building located in Arlington, Virginia. 

9 (3) 184 individuals ages 3 to 71 lost their lives 

10 through the horrific event that unfolded at the Pen11 tagon on September 11, 2001. 

12 (4) An appropriate memorial reminding us of 

13 the brave men, women, and children who perished 

14 has been designed and is to be built on 1.93 acres 

15 located on the western side of the Pentagon Build16 ing. 

17 (5) The target completion date for the construc18 tion of the Pentagon Memorial park is late fall 

19 2006. 

20 (6) Almost $30,000,000 will need to be raised 

21 from the private sector in order to begin construc22 tion of the memorial and to maintain it upon com23 pletion. 

24 (7) The surcharge proceeds from the sale of a 

25 commemorative coin, which would have no net cost 

26 to the taxpayers, would raise valuable funding for 
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1 the construction and maintenance of the Pentagon 

2 Memorial in remembrance of those who lost their 

3 lives at the Pentagon on September 11, 2001. 

4 SEC. 3. COIN SPECIFICATIONS. 

5 (a) DENOMINATIONS.—The Secretary of the Treas6 ury (hereafter in this Act referred to as the ‘‘Secretary’’) 

7 shall mint and issue the following coins: 

8 (1) $50 GOLD COINS.—$50 coins, in the num9 ber determined under subsection (b), which shall— 

10 (A) weigh 1 ounce; 

11 (B) have a diameter of 1.287 inches; and 

12 (C) contain 91.67 percent gold and 8.33 

13 percent alloy. 

14 (2) $1 SILVER COINS.—Such number of $1 

15 coins as the Secretary determines appropriate to 

16 meet demand, which shall— 

17 (A) weigh 26.73 grams; 

18 (B) have a diameter of 1.500 inches; and 

19 (C) contain 90 percent silver and 10 per20 cent copper. 

21 (3) HALF DOLLAR CLAD COINS.—Such number 

22 of half dollar coins as the Secretary determines ap23 propriate to meet demand, which shall— 

24 (A) weigh 11.34 grams; 

25 (B) have a diameter of 1.205 inches; and 
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1 (C) be minted to the specifications for half 

2 dollar coins contained in section 5112(b) of title 

3 31, United States Code. 

4 (b) NUMBER OF GOLD COINS.— 

5 (1) IN GENERAL.—The number of gold coins 

6 minted and issued under this Act shall equal the 

7 sum of 10,000 and the number determined under 

8 paragraph (2). 

9 (2) DETERMINATION OF NUMBER.—The Sec10 retary, in consultation with the Attorney General of 

11 the United States, the Secretary of Defense, and the 

12 Governor of Virginia shall determine the number of 

13 innocent individuals confirmed or presumed to have 

14 been killed as a result of the terrorist attack against 

15 the Pentagon that occurred on September 11, 2001, 

16 and shall identify such individuals. 

17 (c) LEGAL TENDER.—The coins minted under this 

18 Act shall be legal tender, as provided in section 5103 of 

19 title 31, United States Code. 

20 (d) NUMISMATIC ITEMS.—For purposes of section 

21 5136 of title 31, United States Code, all coins minted 

22 under this Act shall be considered to be numismatic items. 

23 (e) SOURCES OF BULLION.—For the purpose of 

24 minting coins under this Act, the Secretary may only use 
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1 metals that are from natural deposits in the United States 

2 or any territory or possession of the United States. 

3 (f) SPECIAL TREATMENT UNDER EXIGENT CIR4 CUMSTANCES.— 

5 (1) FINDINGS.—The Congress finds as follows: 

6 (A) The limitations contained in para7 graphs (1) and (2)(A) of section 5112(m) of 

8 title 31, United States Code, and section 

9 5134(f)(1)(B) of such title have well served, 

10 and continue to serve, their purpose of bringing 

11 greater stability to the markets for commemo12 rative coins, maximizing demand and participa13 tion in such programs, and ensuring that such 

14 programs have a broad base of private support 

15 and are not used as the primary means of fund16 raising by organizations that are the recipients 

17 of surcharges. 

18 (B) The shocking circumstances of Sep19 tember 11, 2001, the broad base of public inter20 est in remembering those innocent individuals 

21 who lost their lives at the Pentagon on Sep22 tember 11, 2001, and participating in the rais23 ing of funds for the Pentagon Memorial Fund, 

24 and the importance of implementing this coin 

25 program as quickly as possible, notwithstanding 
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1 the limitations contained in such paragraphs, 

2 justify exempting the coins produced under this 

3 Act from such limitations. 

4 (2) EXEMPTION.—Paragraphs (1) and (2) of 

5 section 5112(m) of title 31, United States Code, and 

6 section 5134(f)(1)(B) of such title shall not apply to 

7 coins authorized under this Act. 

8 SEC. 4. DESIGN OF COINS. 

9 (a) DESIGN REQUIREMENTS.— 

10 (1) IN GENERAL.—The design of the coins 

11 minted under this Act shall be emblematic of the 

12 spirit and bravery of the civilians, servicemen and 

13 women that work at the Pentagon and were aboard 

14 Flight 77 on September 11, 2001. 

15 (2) DESIGNATION AND INSCRIPTIONS.—On 

16 each coin minted under this Act, there shall be— 

17 (A) a designation of the value of the coin; 

18 (B) an inscription of the year ‘‘2001’’; and 

19 (C) inscriptions of the words ‘‘Liberty’’, 

20 ‘‘In God We Trust’’, ‘‘United States of Amer21 ica’’, and ‘‘E Pluribus Unum’’. 

22 (b) SELECTION.—The design for the coins minted 

23 under this Act shall be— 

24 (1) selected by the Secretary, after consultation 

25 with the Secretary of Defense, the Executive Com-
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1 mittee of the Pentagon Memorial Fund, and the 

2 Commission of Fine Arts; and 

3 (2) reviewed by the Citizens Coinage Advisory 

4 Committee. 

5 SEC. 5. ISSUANCE OF COINS. 

6 (a) QUALITY OF COINS.— 

7 (1) IN GENERAL.—Except as provided under 

8 paragraph (2), coins minted under this Act shall be 

9 issued in uncirculated quality. 

10 (2) GOLD COINS.—$50 coins minted under sec11 tion 3(a)(1) shall be issued only in proof quality. 

12 (b) MINT FACILITY.— 

13 (1) IN GENERAL.—Except as provided under 

14 paragraph (2), only 1 facility of the United States 

15 Mint may be used to strike any particular quality of 

16 the coins minted under this Act. 

17 (2) CLAD COINS.—Any number of facilities of 

18 the United States Mint may be used to strike the 

19 half dollar coins minted under section 3(a)(3). 

20 (c) PERIOD FOR ISSUANCE.—The Secretary— 

21 (1) shall commence issuing coins minted under 

22 this Act as soon as possible after the date of the en23 actment of this Act; and 
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1 (2) shall not issue any coins after the end of 

2 the 1-year period beginning on the date such coins 

3 are first issued. 

4 SEC. 6. SALE OF COINS. 

5 (a) SALE PRICE.—The coins issued under section 

6 3(a) (other than the $50 gold coins referred to in sub7 section (d)) shall be sold by the Secretary at a price equal 

8 to the sum of— 

9 (1) the face value of the coins; 

10 (2) the surcharges required by section 7(a) with 

11 respect to such coins; and 

12 (3) the cost of designing and issuing the coins 

13 (including labor, materials, dies, use of machinery, 

14 overhead expenses, marketing, and shipping), includ15 ing the cost of the coins presented under subsection 

16 (d). 

17 (b) BULK SALES.—The Secretary shall make bulk 

18 sales of the coins issued under section 3(a) at a reasonable 

19 discount. 

20 (c) PREPAID ORDERS.— 

21 (1) IN GENERAL.—The Secretary shall accept 

22 prepaid orders received before the issuance of the 

23 coins minted under section 3(a). 
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1 (2) REASONABLE DISCOUNT.—The sale prices 

2 with respect to such prepaid orders shall be at a rea3 sonable discount. 

4 (d) GOLD COINS.—Notwithstanding section 5(c)(2), 

5 the Secretary shall issue a $50 coin minted under section 

6 3(a)(1) for presentation free of charge to the next of kin 

7 or personal representative of each individual identified 

8 under section 3(b)(2). The Speaker of the House of Rep9 resentatives and the President Pro Tempore of the Senate 

10 shall make appropriate arrangements for the presentation, 

11 on behalf of the Congress, of such gold coins. 

12 SEC. 7. SURCHARGES ON SALE OF COINS. 

13 (a) IN GENERAL.—Any sale by the Secretary of a 

14 coin minted under this Act shall include a surcharge of— 

15 (1) $100 per coin for the $50 gold coins; 

16 (2) $10 per coin for the $1 coin; and 

17 (3) $5 per coin for the half dollar coin. 

18 (b) DISTRIBUTION.—Subject to section 5134(f) of 

19 title 31, United States Code, all surcharges received by 

20 the Secretary from the sale of coins issued under this Act 

21 shall be promptly paid by the Secretary to the Pentagon 

22 Memorial Fund for the purposes of construction of a me23 morial at the Pentagon, Arlington, Virginia. 

24 (c) AUDIT.—The Pentagon Memorial Fund shall be 

25 subject to the audit requirements of section 5134(f)(2) of 
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1 title 31, United States Code, with regard to the amounts 

2 received under subsection (a). 

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