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) intro-
duced the following bill; which was referred to the Committee on Finan-
cial Services 
A BILL 
To require the Secretary of the Treasury to mint coins 
in commemoration of the tragic loss of lives at the Pen-
tagon on September 11, 2001, and to support construc-
tion of the Pentagon 9/11 Memorial in Arlington, Vir-
ginia. 
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 ‘‘Pentagon 9/11 Memo-
rial Commemorative Coin Act of 2004’’.
SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) Construction of the Pentagon was com-
pleted in the midst of World War II on January 15, 
1943. 
(2) September 11, 2001, marks a tragic day in 
the history of the United States and the Pentagon 
Building located in Arlington, Virginia. 
(3) 184 individuals ages 3 to 71 lost their lives 
through the horrific event that unfolded at the Pen-
tagon on September 11, 2001. 
(4) An appropriate memorial reminding us of 
the brave men, women, and children who perished 
has been designed and is to be built on 1.93 acres 
located on the western side of the Pentagon Build-
ing. 
(5) The target completion date for the construc-
tion of the Pentagon Memorial park is late fall 
2006. 
(6) Almost $30,000,000 will need to be raised 
from the private sector in order to begin construc-
tion of the memorial and to maintain it upon com-
pletion. 
(7) The surcharge proceeds from the sale of a 
commemorative coin, which would have no net cost 
to the taxpayers, would raise valuable funding for
the construction and maintenance of the Pentagon 
Memorial in remembrance of those who lost their 
lives at the Pentagon on September 11, 2001. 
SEC. 3. COIN SPECIFICATIONS. 
(a) DENOMINATIONS.—The Secretary of the Treas-
ury (hereafter in this Act referred to as the ‘‘Secretary’’) 
shall mint and issue the following coins: 
(1) $50 GOLD COINS.—$50 coins, in the num-
ber determined under subsection (b), which shall— 
(A) weigh 1 ounce; 
(B) have a diameter of 1.287 inches; and 
(C) contain 91.67 percent gold and 8.33 
percent alloy. 
(2) $1 SILVER
COINS.—Such number of $1 
coins as the Secretary determines appropriate to 
meet demand, 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. 
(3) HALF DOLLAR CLAD COINS.—Such number 
of half dollar coins as the Secretary determines ap-
propriate to meet demand, which shall— 
(A) weigh 11.34 grams; 
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half 
dollar coins contained in section 5112(b) of title 
31, United States Code. 
(b) NUMBER OF GOLD COINS.— 
(1) IN GENERAL.—The number of gold coins 
minted and issued under this Act shall equal the 
sum of 10,000 and the number determined under 
paragraph (2). 
(2) DETERMINATION
OF
NUMBER.—The Sec-
retary, in consultation with the Attorney General of 
the United States, the Secretary of Defense, and the 
Governor of Virginia shall determine the number of 
innocent individuals confirmed or presumed to have 
been killed as a result of the terrorist attack against 
the Pentagon that occurred on September 11, 2001, 
and shall identify such individuals. 
(c) LEGAL TENDER.—The coins minted under this 
Act shall be legal tender, as provided in section 5103 of 
title 31, United States Code. 
(d) 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. 
(e) SOURCES
OF BULLION.—For the purpose of 
minting coins under this Act, the Secretary may only use
metals that are from natural deposits in the United States 
or any territory or possession of the United States. 
(f) SPECIAL TREATMENT UNDER EXIGENT CIR-
CUMSTANCES.— 
(1) FINDINGS.—The Congress finds as follows: 
(A) The limitations contained in para-
graphs (1) and (2)(A) of section 5112(m) of 
title 31, United States Code, and section 
5134(f)(1)(B) of such title have well served, 
and continue to serve, their purpose of bringing 
greater stability to the markets for commemo-
rative coins, maximizing demand and participa-
tion in such programs, and ensuring that such 
programs have a broad base of private support 
and are not used as the primary means of fund-
raising by organizations that are the recipients 
of surcharges. 
(B) The shocking circumstances of Sep-
tember 11, 2001, the broad base of public inter-
est in remembering those innocent individuals 
who lost their lives at the Pentagon on Sep-
tember 11, 2001, and participating in the rais-
ing of funds for the Pentagon Memorial Fund, 
and the importance of implementing this coin 
program as quickly as possible, notwithstanding
the limitations contained in such paragraphs, 
justify exempting the coins produced under this 
Act from such limitations. 
(2) EXEMPTION.—Paragraphs (1) and (2) of 
section 5112(m) of title 31, United States Code, and 
section 5134(f)(1)(B) of such title shall not apply to 
coins authorized under this Act. 
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 
spirit and bravery of the civilians, servicemen and 
women that work at the Pentagon and were aboard 
Flight 77 on September 11, 2001. 
(2) 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 ‘‘2001’’; 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 Secretary of Defense, the Executive Com-
mittee of the Pentagon Memorial Fund, and the 
Commission of Fine Arts; and 
(2) reviewed by the Citizens Coinage Advisory 
Committee. 
SEC. 5. ISSUANCE OF COINS. 
(a) QUALITY OF COINS.— 
(1) IN GENERAL.—Except as provided under 
paragraph (2), coins minted under this Act shall be 
issued in uncirculated quality. 
(2) GOLD COINS.—$50 coins minted under sec-
tion 3(a)(1) shall be issued only in proof quality. 
(b) MINT FACILITY.— 
(1) IN GENERAL.—Except as provided under 
paragraph (2), only 1 facility of the United States 
Mint may be used to strike any particular quality of 
the coins minted under this Act. 
(2) CLAD COINS.—Any number of facilities of 
the United States Mint may be used to strike the 
half dollar coins minted under section 3(a)(3). 
(c) PERIOD FOR ISSUANCE.—The Secretary— 
(1) shall commence issuing coins minted under 
this Act as soon as possible after the date of the en-
actment of this Act; and
(2) shall not issue any coins after the end of 
the 1-year period beginning on the date such coins 
are first issued. 
SEC. 6. SALE OF COINS. 
(a) SALE PRICE.—The coins issued under section 
3(a) (other than the $50 gold coins referred to in sub-
section (d)) shall be sold by the Secretary at a price equal 
to the sum of— 
(1) the face value of the coins; 
(2) the surcharges required by section 7(a) with 
respect to such coins; and 
(3) the cost of designing and issuing the coins 
(including labor, materials, dies, use of machinery, 
overhead expenses, marketing, and shipping), includ-
ing the cost of the coins presented under subsection 
(d). 
(b) BULK SALES.—The Secretary shall make bulk 
sales of the coins issued under section 3(a) at a reasonable 
discount. 
(c) PREPAID ORDERS.— 
(1) IN GENERAL.—The Secretary shall accept 
prepaid orders received before the issuance of the 
coins minted under section 3(a).
(2) REASONABLE DISCOUNT.—The sale prices 
with respect to such prepaid orders shall be at a rea-
sonable discount. 
(d) GOLD COINS.—Notwithstanding section 5(c)(2), 
the Secretary shall issue a $50 coin minted under section 
3(a)(1) for presentation free of charge to the next of kin 
or personal representative of each individual identified 
under section 3(b)(2). The Speaker of the House of Rep-
resentatives and the President Pro Tempore of the Senate 
shall make appropriate arrangements for the presentation, 
on behalf of the Congress, of such gold coins. 
SEC. 7. SURCHARGES ON SALE OF COINS. 
(a) IN GENERAL.—Any sale by the Secretary of a 
coin minted under this Act shall include a surcharge of— 
(1) $100 per coin for the $50 gold coins; 
(2) $10 per coin for the $1 coin; and 
(3) $5 per coin for the half dollar coin. 
(b) DISTRIBUTION.—Subject to section 5134(f) of 
title 31, United States Code, all surcharges received by 
the Secretary from the sale of coins issued under this Act 
shall be promptly paid by the Secretary to the Pentagon 
Memorial Fund for the purposes of construction of a me-
morial at the Pentagon, Arlington, Virginia. 
(c) AUDIT.—The Pentagon Memorial Fund shall be 
subject to the audit requirements of section 5134(f)(2) of
title 31, United States Code, with regard to the amounts 
received under subsection (a). 
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