[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1538 Engrossed in House (EH)]
108th CONGRESS
1st Session
H. R. 1538
_______________________________________________________________________
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 2003''.
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
limitations contained in such paragraphs, 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--
(1) by the Secretary after consultation with the Commission
of Fine Arts; and
(2) reviewed by the citizens advisory committee established
under section 5135 of title 31, United States Code.
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 September 11, 2003.
Attest:
Clerk.
108th CONGRESS
1st Session
H. R. 1538
_______________________________________________________________________
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.