[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5138 Engrossed in House (EH)]


  2d Session

                               H. R. 5138

_______________________________________________________________________

                                 AN ACT

 To posthumously award congressional gold medals to government workers 
 and others who responded to the attacks on the World Trade Center and 
 the Pentagon and perished and to people aboard United Airlines Flight 
 93 who helped resist the hijackers and caused the plane to crash, to 
require the Secretary of the Treasury to mint coins in commemoration of 
 the Spirit of America, recognizing the tragic events of September 11, 
                     2001, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 5138

_______________________________________________________________________

                                 AN ACT


 
 To posthumously award congressional gold medals to government workers 
 and others who responded to the attacks on the World Trade Center and 
 the Pentagon and perished and to people aboard United Airlines Flight 
 93 who helped resist the hijackers and caused the plane to crash, to 
require the Secretary of the Treasury to mint coins in commemoration of 
 the Spirit of America, recognizing the tragic events of September 11, 
                     2001, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``True American Heroes Act of 2002''.

              TITLE I--MEDALS FOR RESPONDERS AND RESISTERS

SEC. 101. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO 
              RESPONDED TO THE ATTACKS ON THE WORLD TRADE CENTER AND 
              PERISHED.

    (a) Presentation Authorized.--In recognition of the bravery and 
self-sacrifice of officers, emergency workers, and other employees of 
State and local government agencies, including the Port Authority of 
New York and New Jersey, and of the United States Government and 
others, who responded to the attacks on the World Trade Center in New 
York City, and perished in the tragic events of September 11, 2001 
(including those who are missing and presumed dead), the Speaker of the 
House and the President pro tempore of the Senate shall make 
appropriate arrangements for the presentation, on behalf of the 
Congress, of a gold medal of appropriate design for each such officer, 
emergency worker, employee, or other individual to the next of kin or 
other personal representative of each such officer, emergency worker, 
employee, or other individual.
    (b) Design and Striking.--For purposes of the presentation referred 
to in subsection (a), the Secretary of the Treasury shall strike gold 
medals with suitable emblems, devices, and inscriptions to be 
determined by the Secretary to be emblematic of the valor and heroism 
of the men and women honored.
    (c) Determination of Recipients.--The Secretary of the Treasury 
shall determine the number of medals to be presented under this section 
and the appropriate recipients of the medals after consulting with 
appropriate representatives of Federal, State, and local officers and 
agencies and the Port Authority of New York and New Jersey.
    (d) Duplicative Gold Medals For Departments and Duty Stations.--
            (1) In general.--The Secretary of the Treasury shall strike 
        duplicates in gold of the gold medals struck pursuant to 
        subsection (a) for presentation to each of the following, for 
        permanent display in the respective offices, houses, stations, 
        or places of employment:
                    (A) The Governor of the State of New York.
                    (B) The Mayor of the City of New York.
                    (C) The Commissioner of the New York Police 
                Department, the Commissioner of the New York Fire 
                Department, the head of emergency medical services for 
                the City of New York, and the Chairman of the Board of 
                Directors of the Port Authority of New York and New 
                Jersey.
                    (D) Each precinct house, fire house, emergency 
                response station, or other duty station or place of 
                employment to which each person referred to in 
                subsection (a) was assigned on September 11, 2001, for 
                display in each such place in a manner befitting the 
                memory of such persons.
    (e) Duplicate Bronze Medals.--Under such regulations as the 
Secretary may prescribe, the Secretary may strike and sell duplicates 
in bronze of the gold medal struck under subsection (a) at a price 
sufficient to cover the costs of the bronze medals (including labor, 
materials, dies, use of machinery, and overhead expenses) and the cost 
of the gold medal.
    (f) Use of the United States Mint at West Point, New York.--It is 
the sense of the Congress that the medals authorized under this section 
should be struck at the United States Mint at West Point, New York, to 
the greatest extent possible.

SEC. 102. CONGRESSIONAL GOLD MEDALS FOR PEOPLE ABOARD UNITED AIRLINES 
              FLIGHT 93 WHO HELPED RESIST THE HIJACKERS AND CAUSED THE 
              PLANE TO CRASH.

    (a) Congressional Findings.--The Congress finds as follows:
            (1) On September 11, 2001, United Airlines Flight 93, 
        piloted by Captain James Dahl, departed from Newark 
        International Airport at 8:01 a.m. on its scheduled route to 
        San Francisco, California, with 7 crew members and 38 
        passengers on board.
            (2) Shortly after departure, United Airlines Flight 93 was 
        hijacked by terrorists.
            (3) At 10:37 a.m. United Airlines Flight 93 crashed near 
        Shanksville, Pennsylvania.
            (4) Evidence indicates that people aboard United Airlines 
        Flight 93 learned that other hijacked planes had been used to 
        attack the World Trade Center in New York City and resisted the 
        actions of the hijackers on board.
            (5) The effort to resist the hijackers aboard United 
        Airlines Flight 93 appears to have caused the plane to crash 
        prematurely, potentially saving hundreds or thousands of lives 
and preventing the destruction of the White House, the Capitol, or 
another important symbol of freedom and democracy.
            (6) The leaders of the resistance aboard United Airlines 
        Flight 93 demonstrated exceptional bravery, valor, and 
        patriotism, and are worthy of the appreciation of the people of 
        the United States.
    (b) Presentation of Congressional Gold Medals Authorized.--In 
recognition of heroic service to the Nation, the Speaker of the House 
and the President pro tempore of the Senate shall make appropriate 
arrangements for the presentation, on behalf of the Congress, of a gold 
medal of appropriate design for each passenger or crew member on board 
United Airlines Flight 93 who is identified by the Attorney General as 
having aided in the effort to resist the hijackers on board the plane 
to the next of kin or other personal representative of each such 
individual.
    (c) Design and Striking.--For the purpose of the presentation 
referred to in subsection (b), the Secretary of the Treasury shall 
strike gold medals of a single design with suitable emblems, devices, 
and inscriptions, to be determined by the Secretary.
    (d) Duplicate Medals.--Under such regulations as the Secretary of 
the Treasury may prescribe, the Secretary may strike and sell 
duplicates in bronze of the gold medals struck under subsection (b) at 
a price sufficient to cover the cost of the bronze medals (including 
labor, materials, dies, use of machinery, and overhead expenses) and 
the cost of the gold medals.

SEC. 103. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO 
              RESPONDED TO THE ATTACKS ON THE PENTAGON AND PERISHED.

    (a) Presentation Authorized.--In recognition of the bravery and 
self-sacrifice of officers, emergency workers, and other employees of 
the United States Government, who responded to the attacks on the 
Pentagon Washington, D.C. and perished in the tragic events of 
September 11, 2001 (including those who are missing and presumed dead) 
the Speaker of the House and the President pro tempore of the Senate 
shall make appropriate arrangements for the presentation, on behalf of 
the Congress, of a gold medal of appropriate design for each such 
officer, emergency worker, or employee to the next of kin or other 
personal representative of each such officer, emergency worker, or 
employee.
    (b) Design and Striking.--For the purpose of the presentation 
referred to in subsection (a), the Secretary of the Treasury shall 
strike gold medals of a single design with suitable emblems, devices, 
and inscriptions, to be determined by the Secretary.
    (c) Determination of Recipients.--The Secretary of the Treasury 
shall determine the number of medals to be presented under this section 
and the appropriate recipients of the medals after consulting with the 
Secretary of Defense and any other appropriate representative of 
Federal, State, and local officers and agencies.

SEC. 104. NATIONAL MEDALS.

    The medals struck under this title are national medals for purposes 
of chapter 51 of title 31, United States Code.

            TITLE II--SPIRIT OF AMERICA COMMEMORATIVE COINS

SEC. 201. FINDINGS.

    The Congress finds as follows:
            (1) On September 11, 2001, the United States suffered the 
        worst act of terrorism in its history.
            (2) The more than 6,000 people who lost their lives as a 
        result of the terrorist attacks that occurred in New York City, 
        at the Pentagon, and in Pennsylvania on September 11, 2001, 
        will not be forgotten.
            (3) Hundreds of emergency personnel responded heroically to 
        the crisis and lost their lives as a result.
            (4) People from everywhere in the United States responded 
        to the crisis with an outpouring of support for the victims of 
        the terrorist attacks and their families.
            (5) The civilized world stands with strength and fortitude 
        in opposition to the cowardly terrorist attacks against the 
        United States that occurred on September 11, 2001.
            (6) It is essential to remember not only the tragedy of the 
        attacks, but also the strength and resolve demonstrated by the 
        people of the United States in the aftermath of the attacks.
            (7) The minting of coins in commemoration of the Spirit of 
        America will pay tribute to the countless heroes who risked 
        their lives during the terrorist attacks and in their aftermath 
        so that others may live and to a united people whose belief in 
        freedom, justice, and democracy has never swayed.

SEC. 202. COIN SPECIFICATIONS.

    (a) Denominations.--In commemoration of the Spirit of America, the 
Secretary of the Treasury (hereafter  in this title referred to as the 
``Secretary'') shall mint and issue the following coins:
            (1) $50 gold coins.--Such number of 50 dollar coins as the 
        Secretary determines 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 dollar 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 percent 
                copper.
            (3) Half dollar clad coins.--Such number of half dollar 
        coins as the Secretary determines appropriate 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 title shall equal the sum of 25,000 and the number 
        determined under paragraph (2).
            (2) Determination of number.--The Secretary, in 
        consultation with the Attorney General of the United States and 
        the Governors of New York, Pennsylvania, and Virginia shall 
        determine the number of innocent individuals confirmed or 
        presumed to have been killed as a result of the terrorist 
        attacks against the United States that occurred on September 
        11, 2001, and shall identify such individuals. The Secretary, 
        under subsection (a)(1), shall mint and issue a number of 50 
        dollar coins equal to the number of such individuals.
    (c) Legal Tender.--The coins minted under this title 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 title shall be 
considered to be numismatic items.
    (e) Sources of Bullion.--For the purpose of minting coins under 
this title, 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 Circumstances.--
            (1) Findings.--The Congress finds as follows:
                    (A) The limitations contained in paragraphs (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 
                commemorative coins, maximizing demand and 
                participation in such programs, and ensuring that such 
                programs have a broad base of private support and are 
                not used as the primary means of fundraising by 
                organizations that are the recipients of surcharges.
                    (B) The shocking circumstances of September 11, 
                2001, the broad base of public interest in showing the 
                Spirit of America and participating in the raising of 
                funds for the victims of the crimes committed on that 
                date, and the importance of implementing this coin 
                program as quickly as possible, notwithstanding the 
                fact that 2 commemorative coin programs are already in 
                effect for 2001 and 2002, justify exempting the coins 
                produced under this title 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 
        title.

SEC. 203. DESIGN OF COINS.

    (a) In General.--The design of the coins minted under this title 
shall be emblematic of the tragic events that occurred at the Pentagon, 
in New York City, and in Pennsylvania, on September 11, 2001.
    (b) Designation and Inscriptions.--On each coin minted under this 
title there shall be--
            (1) a designation of the value of the coin;
            (2) an inscription of the date ``September 11, 2001'' (and 
        such coin shall bear no other date); and
            (3) inscriptions of the words ``Liberty'', ``In God We 
        Trust'', ``United States of America'', and ``E Pluribus Unum''.
    (c) Selection.--The design for the coins minted under this title 
shall be selected by the Secretary after consultation with the 
Commission of Fine Arts.

SEC. 204. STRIKING AND ISSUANCE OF COINS.

    (a) Quality of Coins.--
            (1) In general.--Except as provided under paragraph (2), 
        coins minted under this title shall be issued in uncirculated 
        quality.
            (2) Gold coins.--50 dollar coins minted under section 
        202(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 title.
            (2) Clad coins.--Any number of facilities of the United 
        States Mint may be used to strike the half dollar coins minted 
        under section 202(a)(3).
    (c) Period for Issuance.--The Secretary--
            (1) shall commence issuing coins minted under this title as 
        soon as possible after the date of the enactment 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. 205. SALE OF COINS.

    (a) Sale Price.--The coins issued under section 202(a) (other than 
the 50 dollar gold coins referred to in subsection (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 206(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).
    (b) Bulk Sales.--The Secretary shall make bulk sales of the coins 
issued under section 202(a) at a reasonable discount.
    (c) Prepaid Orders.--The Secretary shall accept prepaid orders 
received before the issuance of the coins minted under section 202(a). 
The sale prices with respect to such prepaid orders shall be at a 
reasonable discount.
    (d) Gold Coins.--Notwithstanding section 204(c)(2), the Secretary 
shall issue a 50 dollar coin minted under section 202(a)(1) for 
presentation free of charge to the next of kin or personal 
representative of each individual identified under section 202(b). The 
Speaker of the House of Representatives 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. 206. SURCHARGES ON SALE OF COINS.

    (a) Assessment.--Any sale by the Secretary of a coin minted under 
this title shall include a surcharge of an amount determined by the 
Secretary to be sufficient to cover the cost of the gold coins minted 
under section 202(a)(1) (including labor, materials, dies, use of 
machinery, overhead expenses, and shipping) for presentment in 
accordance with section 205(d), which charge may not be less than--
            (1) $100 per coin for the 50 dollar gold coins;
            (2) $10 per coin for the 1 dollar coin; and
            (3) $5 per coin for the half dollar coin.
    (b) Distribution of Excess Proceeds.--Any proceeds from the 
surcharges received by the Secretary from the sale of coins issued 
under this title in excess of the cost of producing all coins issued 
under this title (including coins issued for individuals identified 
pursuant to section 202(b)(2)) shall be--
            (1) used to cover the costs incurred in the production of 
        gold medals under title I that have not been recovered from the 
        sale of duplicate bronze medals under such title; and
            (2) with respect to any amount remaining after the costs 
        described in paragraph (1) are covered, transferred to any fund 
        for victims of the tragedies of September 11, 2001, that the 
        Secretary of the Treasury and the Attorney General jointly 
        determine to be appropriate.

            Passed the House of Representatives July 22, 2002.

            Attest:

                                                                 Clerk.