II 
108TH CONGRESS 
2D SESSION 
H. R. 3204
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 19, 2004
Received 
AN ACT 
To require the Secretary of the Treasury to mint coins 
in commemoration of the tercentenary of the birth of 
Benjamin Franklin, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Benjamin Franklin 
Commemorative Coin Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Benjamin Franklin made historic contribu-
tions to the development of our Nation in a number 
of fields: government, business, science, communica-
tions, and the arts. 
(2) Benjamin Franklin was the only Founding 
Father to sign all of our Nation’s organizational 
documents. 
(3) Benjamin Franklin spent his career as a 
successful printer, which included printing the offi-
cial currency for the colonies of Pennsylvania, Dela-
ware, New Jersey and Maryland. 
(4) Franklin’s ‘‘Essay on Paper Currency’’ of 
1741 proposed methods to fix the rate of exchange 
between the colonies and Great Britain. 
(5) Benjamin Franklin, during the American 
Revolution, designed the first American coin, the 
‘‘Continental’’ penny. 
(6) Franklin made ‘‘A Penny Saved is A Penny 
Earned’’ a household phrase to describe the Amer-
ican virtues of hard work and economical living.
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(7) Franklin played a major role in the design 
of the Great Seal of the United States, which ap-
pears on the One Dollar Bill and other major Amer-
ican symbols. 
(8) Before 1979, Benjamin Franklin was the 
only non-president of the United States whose image 
graced circulating coin and paper currency. 
(9) The official United States half dollar from 
1948–1963 showed Franklin’s portrait, as designed 
by John Sinnock. 
(10) Franklin’s ‘‘Way to Wealth’’ has come to 
symbolize America’s commitment to free enterprise. 
(11) The Franklin Institute Science Museum in 
Philadelphia houses the first steam printing machine 
for coinage, used by the United States Mint, which 
was placed in service in 1836, the 130th anniversary 
year of Franklin’s birth. 
(12) In 1976, Franklin Hall in The Franklin 
Institute Science Museum in Philadelphia was 
named the Official National Monument to the great 
patriot, scientist and inventor. 
(13) The Franklin Institute and four other 
major Franklin-related Philadelphia cultural institu-
tions joined hands in 2000 to organize international
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programs to commemorate the forthcoming 300th 
anniversary of Franklin’s birth in 2006. 
(14) The Congress passed the Benjamin Frank-
lin Tercentenary Act in 2002, creating a panel of 
distinguished Americans, with its Secretariat in 
Philadelphia, to work with the private sector in rec-
ommending appropriate Tercentenary programs. 
SEC. 3. COIN SPECIFICATIONS. 
(a) DENOMINATIONS.—The Secretary of the Treas-
ury (hereinafter in this Act referred to as the ‘‘Secretary’’) 
shall mint and issue the following coins: 
(1) $1 SILVER COINS WITH YOUNGER FRANKLIN 
IMAGE ON OBVERSE.—Not more than 250,000 $1 
coins bearing the designs specified in section 
4(a)(2), each of which shall—
(A) weigh 26.73 grams; 
(B) have a diameter of 1.500 inches; and 
(C) contain 90 percent silver and 10 per-
cent copper. 
(2) $1 SILVER COINS WITH OLDER FRANKLIN 
IMAGE ON OBVERSE.—Not more than 250,000 $1 
coins bearing the designs specified in section 
4(a)(3), each of which shall—
(A) weigh 26.73 grams; 
(B) have a diameter of 1.500 inches; and
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(C) contain 90 percent silver and 10 per-
cent copper. 
(b) LEGAL TENDER.—The coins minted under this 
Act shall be legal tender, as provided in section 5103 of 
title 31, United States Code. 
(c) NUMISMATIC ITEMS.—For purposes of section 
5136 of title 31, United States Code, all coins minted 
under this Act shall be considered to be numismatic items. 
(d) USE OF THE UNITED STATES MINT AT PHILA-
DELPHIA, PENNSYLVANIA.—It is the sense of the Con-
gress that the coins minted under this Act should be 
struck at the United States Mint at Philadelphia, Pennsyl-
vania, to the greatest extent possible. 
SEC. 4. DESIGN OF COINS. 
(a) DESIGN REQUIREMENTS.—
(1) IN
GENERAL.—The design of the coins 
minted under this Act shall be emblematic of the life 
and legacy of Benjamin Franklin. 
(2) $1 
COINS
WITH
YOUNGER
FRANKLIN 
IMAGE.—
(A) OBVERSE.—The obverse of the coins 
minted under section 3(a)(1) shall bear the 
image of Benjamin Franklin as a young man. 
(B) REVERSE.—The reverse of the coins 
minted under section 3(a)(1) shall bear an
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image related to Benjamin Franklin’s role as a 
patriot and a statesman. 
(3) $1 COINS WITH OLDER FRANKLIN IMAGE.—
(A) OBVERSE.—The obverse of the coins 
minted under section 3(a)(2) shall bear the 
image of Benjamin Franklin as an older man. 
(B) REVERSE.—The reverse of the coins 
minted under section 3(a)(2) shall bear an 
image related to Benjamin Franklin’s role in 
developing the early coins and currency of the 
new country. 
(4) DESIGNATION
AND
INSCRIPTIONS.—On 
each coin minted under this Act there shall be—
(A) a designation of the value of the coin; 
(B) an inscription of the year ‘‘2006’’; and 
(C) inscriptions of the words ‘‘Liberty’’, 
‘‘In God We Trust’’, ‘‘United States of Amer-
ica’’, and ‘‘E Pluribus Unum’’. 
(b) SELECTION.—The design for the coins minted 
under this Act shall be—
(1) selected by the Secretary after consultation 
with the Commission of Fine Arts; and 
(2) reviewed by the Citizens Coinage Advisory 
Committee established under section 5135 of title 
31, United States Code.
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SEC. 5. ISSUANCE OF COINS. 
(a) QUALITY OF COINS.—Coins minted under this 
Act shall be issued in uncirculated and proof qualities. 
(b) COMMENCEMENT OF ISSUANCE.—The Secretary 
may issue coins minted under this Act beginning January 
1, 2006, except that the Secretary may initiate sales of 
such coins, without issuance, before such date. 
(c) TERMINATION
OF MINTING AUTHORITY.—No 
coins shall be minted under this Act after December 31, 
2006. 
SEC. 6. SALE OF COINS. 
(a) SALE PRICE.—Notwithstanding any other provi-
sion of law, the coins issued under this Act shall be sold 
by the Secretary at a price equal to the face value, plus 
the cost of designing and issuing such coins (including 
labor, materials, dies, use of machinery, overhead ex-
penses, and marketing). 
(b) BULK SALES.—The Secretary shall make bulk 
sales of the coins issued under this Act at a reasonable 
discount. 
(c) PREPAID ORDERS AT A DISCOUNT.—
(1) IN GENERAL.—The Secretary shall accept 
prepaid orders for the coins minted under this Act 
before the issuance of such coins.
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(2) DISCOUNT.—Sale prices with respect to pre-
paid orders under paragraph (1) shall be at a rea-
sonable discount. 
(d) SALES OF SINGLE COINS AND SETS OF COINS.—
Coins of each design specified under section 4 may be sold 
separately or as a set containing a coin of each such de-
sign. 
SEC. 7. SURCHARGES. 
(a) SURCHARGE REQUIRED.—All sales shall include 
a surcharge of $10 per coin. 
(b) DISTRIBUTION.—Subject to section 5134(f) of 
title 31, United States Code, all surcharges which are re-
ceived by the Secretary from the sale of coins issued under 
this Act shall be promptly paid by the Secretary to the 
Franklin Institute for purposes of the Benjamin Franklin 
Tercentenary Commission. 
(c) AUDITS.—The Franklin Institute shall be subject 
to the audit requirements of section 5134(f)(2) of title 31, 
United States Code, with regard to the amounts received 
by the Institute pursuant to subsection (b). 
(d) LIMITATION.—Notwithstanding subsection (a), 
no surcharge may be included with respect to the issuance 
under this Act of any coin during a calendar year if, as 
of the time of such issuance, the issuance of such coin 
would result in the number of commemorative coin pro-
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grams issued during such year to exceed the annual 2 
commemorative coin program issuance limitation under 
section 5112(m)(1) of title 31, United States Code (as in 
effect on the date of the enactment of this Act). The Sec-
retary of the Treasury may issue guidance to carry out 
this subsection.
Passed the House of Representatives November 17, 
2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.