[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1057 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 1057

To award a congressional gold medal on behalf of all government workers 
 and others who responded to the attacks on the World Trade Center and 
 the Pentagon and perished and people aboard United Airlines Flight 93 
  who helped resist the highjackers and caused the plane to crash, to 
    award a duplicate in silver of such gold medals to the personal 
   respresentative of each such person, to require the Secretary of 
   Treasury to mint coins in commemoration of the Spirit of America, 
  recognizing the tragic events of September 11, 2001, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2005

   Mr. King of New York (for himself, Mrs. Maloney, Mr. Tom Davis of 
   Virginia, and Mr. Engel) introduced the following bill; which was 
            referred to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
To award a congressional gold medal on behalf of all government workers 
 and others who responded to the attacks on the World Trade Center and 
 the Pentagon and perished and people aboard United Airlines Flight 93 
  who helped resist the highjackers and caused the plane to crash, to 
    award a duplicate in silver of such gold medals to the personal 
   respresentative of each such person, to require the Secretary of 
   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 2005'' .

              TITLE I--MEDALS FOR RESPONDERS AND RESISTERS

SEC. 101. CONGRESSIONAL GOLD MEDAL .

    (a) Presentation Authorized.--In recognition of the bravery and 
self-sacrifice of--
            (1) the 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 attack on the World 
        Trade Center in New York City;
            (2) the passengers and crew members on board United 
        Airlines Flight 93 who aided in the effort to resist the 
        hijackers on board the plane; and
            (3) the officers, emergency workers, and other employees of 
        the United States Government, who responded to the attack 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 on the 5th 
anniversary of such events, of a single gold medal of appropriate 
design, in the name of the unknown officer, worker, employee, 
passenger, or crew member, who was the first to die that day in each 
such tragedy, to an appropriate representative of all such officers, 
emergency workers, employees, and other individuals for permanent 
public display in the Smithsonian Institution.
    (b) Design and Striking.--For purposes of the presentation referred 
to in subsection (a), the Secretary of the Treasury shall strike a gold 
medal with suitable emblems, devices, and inscriptions, to be 
determined by the Secretary that is emblematic of the valor and heroism 
of the men and women honored.

SEC. 102. SILVER DUPLICATES ON BEHALF OF GOVERNMENT WORKERS WHO 
              RESPONDED TO THE ATTACKS ON THE WORLD TRADE CENTER AND 
              PERISHED.

    (a) In General.--
            (1) World trade center site memorial.--The Secretary of the 
        Treasury shall strike a duplicate in silver of the gold medal 
        struck pursuant to section 101(a) for permanent public display 
        at a memorial at the site of the World Trade Center attacks.
            (2) Responders.--
                    (A) In general.--The Secretary of the Treasury 
                shall strike additional duplicates in silver of the 
                gold medal struck pursuant to section 101(a) for 
                presentation on behalf of each officer, emergency 
                worker, or other employee of State and local government 
                agencies, including the Port Authority of New York and 
                New Jersey, or of the United States Government or 
                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 any who are 
                missing and presumed dead) to the next of kin or other 
                personal representative of each such officer, emergency 
                worker, employee, or other individual.
                    (B) Determination of recipients and award of 
                duplicate silver medals.--The Secretary of the Treasury 
                shall--
                            (i) determine the number of silver 
                        duplicate medals to be presented under this 
                        subsection 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; and
                            (ii) make appropriate arrangements for the 
                        presentation of such silver duplicate medals to 
                        the appropriate persons.
            (3) Departments and duty stations.--
                    (A) In general.--The Secretary of the Treasury 
                shall strike additional duplicates in silver of the 
                gold medal struck pursuant to section 101(a) for 
                presentation to each of the following, for permanent 
                display in the respective offices, houses, stations, or 
                places of employment:
                            (i) The Governor of the State of New York.
                            (ii) The Mayor of the City of New York.
                            (iii) 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, the 
Chairman of the Board of Directors of the Port Authority of New York 
and New Jersey, and such other officers as may be appropriate.
                            (iv) 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.
    (b) Use of the United States Mint at West Point, New York.--It is 
the sense of the Congress that the duplicates authorized under this 
section should be struck at the United States Mint at West Point, New 
York, to the greatest extent possible.

SEC. 103. SILVER DUPLICATES ON BEHALF OF 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) Silver Duplicates.--
            (1) United airline flight 93 crash site memorial.--The 
        Secretary of the Treasury shall strike a duplicate in silver of 
        the gold medal struck pursuant to section 101(a) for permanent 
        public display at a memorial at the crash site of United 
        Airlines Flight 93 near Shanksville, Pennsylvania.
            (2) Resistors.--The Secretary of the Treasury shall strike 
        additional duplicates in silver of the gold medal struck 
        pursuant to section 101(a) for presentation on behalf of each 
        passenger or crew member on board United Airlines Flight 93 who 
        aided in the effort to resist the hijackers on board to the 
        next of kin or other personal representative of each such 
        passenger or crew member.
            (3) Determination of recipients and award of duplicate 
        silver medals.--The Secretary of the Treasury shall--
                    (A) determine the number of silver duplicate medals 
                to be presented under this subsection and the 
                appropriate recipients of the medals after consulting 
                with the Attorney General of the United States; and
                    (B) make appropriate arrangements for the 
                presentation of such silver duplicate medals to the 
                appropriate persons.

SEC. 104. SILVER DUPLICATES FOR GOVERNMENT WORKERS WHO RESPONDED TO THE 
              ATTACKS ON THE PENTAGON AND PERISHED.

    (a) Pentagon Site Memorial.--The Secretary of the Treasury shall 
strike a duplicate in silver of the gold medal struck pursuant to 
section 101(a) for permanent public display at a memorial at the site 
of the Pentagon attack.
    (b) Responders.--The Secretary of the Treasury shall strike 
additional duplicates in silver of the gold medal struck pursuant to 
section 101(a) for presentation on behalf of each officer, emergency 
worker, or other employee of the United States who responded to the 
attacks on the Pentagon Washington, D.C. and perished in the tragic 
events of September 11, 2001, to the next of kin or other personal 
representative of each such officer, emergency worker, employee, or 
other individual.
    (c) Determination of Recipients and Award of Duplicate Silver 
Medals.--The Secretary of the Treasury shall--
            (1) determine the number of silver duplicate medals to be 
        presented under this subsection and the appropriate recipients 
        of the medals after consulting with the Secretary of Defense.
            (2) make appropriate arrangements for the presentation of 
        such silver duplicate medals to the appropriate persons.

SEC. 105. BRONZE DUPLICATES.

    Under such regulations as the Secretary may prescribe, the 
Secretary may strike and sell duplicates in bronze of the gold medal 
struck under section 101(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.

SEC. 106. NATIONAL MEDALS; SINGLE DESIGN.

    The medals struck under this title--
            (1) are national medals for purposes of chapter 51 of title 
        31, United States Code; and
            (2) shall bear the same designs, emblems, devices, and 
        inscriptions, as determined by the Secretary of the Treasury.

            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 roughly 3,000 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 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.--Not more than 400,000 $1 coins 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 maximum 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, 
        the Secretary of Defense, 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 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 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 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 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--
            (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 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 presented under section 205(d)) shall 
be--
            (1) used to cover the costs incurred in the production of 
        gold medals, gold duplicate medals, and silver duplicate 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 each 
        fund determined by the Secretary of the Treasury to be 
        appropriate that was established for the purpose of 
        establishing and maintaining any memorial referred to in 
        section 101(c), 102(d) or 103(c) in equal amounts to each such 
        fund.
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