II 111th CONGRESS 2d Session S. 3238 IN THE SENATE OF THE UNITED STATES April 21, 2010 Mr. Schumer (for himself, Mr. Specter, Mr. Casey, Mr. Lautenberg, Mr. Menendez, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide for a medal of appropriate design to be awarded by the President to the next of kin or other representative of those individuals killed as a result of the terrorist attacks of September 11, 2001, and to the memorials established at the 3 sites that were attacked on that day.

1.

Short title

This Act may be cited as the Fallen Heroes of 9/11 Act.

2.

Congressional findings

Congress finds that— (1)the tragic deaths at the World Trade Center, at the Pentagon, and in rural Pennsylvania on September 11, 2001, have forever changed our Nation; (2)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 attacks on the World Trade Center in New York City and perished as a result of the tragic events of September 11, 2001 (including those who are missing and presumed dead), took heroic and noble action on that day; (3)the officers, emergency rescue workers, and employees of local and United States Government agencies, who responded to the attack on the Pentagon in Washington, DC, took heroic and noble action to evacuate the premises and prevent further casualties of Pentagon employees; (4)the passengers and crew of United Airlines Flight 93, recognizing the potential danger that the aircraft that they were aboard posed to large numbers of innocent Americans, American institutions, and the symbols of American democracy, took heroic and noble action to ensure that the aircraft could not be used as a weapon; and (5)given the unprecedented nature of the attacks against the United States of America and the need to properly demonstrate the support of the country for those who lost their lives to terrorism, it is fitting that their sacrifice be recognized with the award of an appropriate medal.

3.

Fallen Heroes of 9/11 Congressional Medals

(a)

Presentation authorized

The President is authorized, on behalf of Congress, to award a medal of appropriate design, such medal to be known as the Fallen Heroes of 9/11 Congressional Medal, to— (1)the personal representative or next of kin of each individual referred to in subsection (c), in recognition of the sacrifice made by each such individual, and to honor their deaths on and following September 11, 2001; (2)the Flight 93 National Memorial Project in Pennsylvania; (3)the National September 11 Memorial and Museum in New York; and (4)the Pentagon Memorial Project at the Pentagon. (b)

Design and striking

(1)

In general

For purposes of the presentations referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the Secretary) shall strike 3 designs of medals, with such suitable emblems, devices, and inscriptions as the Secretary determines to be appropriate to be representative of and in honor of, respectively— (A)those who lost their lives in the attack at the World Trade Center, including civilians, public safety officers, emergency workers, and the passengers and crew of Flight 11 and United Airlines Flight 175; (B)the passengers and crew aboard United Airlines Flight 93 that was brought down in rural Pennsylvania near Shanksville, Somerset County; and (C)those who lost their lives at the Pentagon, including the passengers and crew of American Airlines Flight 77. (2)

Consultation

Before making a final determination with respect to the design of the medal under this subsection, the Secretary shall consult with the Secretary of Defense and such other parties as the Secretary may determine to be appropriate. (3)

Content of medals

The medals struck for purposes of subsection (a)(1) shall be silver medals, and the medals struck for purposes of paragraphs (2) through (4) of subsection (a) shall be gold medals. (c)

Eligibility To receive medal

(1)

In general

Any individual who died on or after September 11, 2001, as a direct result of the acts of terrorism within the United States on that date, shall be eligible for a medal authorized by subsection (a). (2)

Determination

Eligibility under paragraph (1) shall be determined by the Secretary, in consultation with such other officers of the United States Government and State and local officials as the Secretary determines to be appropriate.

4.

Duplicate medals

(a)

Recipients of duplicate medals

The Secretary shall strike duplicates in bronze of the medals struck pursuant to section 3 for presentation to each precinct house, firehouse, emergency response station, or other duty station or place of employment to which each person referred to in subsection (b) was assigned on September 11, 2001, for permanent display in each such place in a manner befitting the memory of such person. (b)

Public safety, emergency, and other workers

Persons referred to in this subsection are 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 on September 11, 2001, and perished as a direct result of that act of terrorism (including those who are missing and presumed dead).

5.

Establishment of lists of recipients

(a)

Initial lists

(1)

In general

Before the end of the 120-day period beginning on the date of enactment of this Act, the Secretary shall establish, in the sole discretion of the Secretary, in accordance with this Act— (A)a list of the names of individuals eligible to receive a medal under section 3(c)(1) (and their personal representative or next of kin), during the period beginning on September 11, 2001, and ending on the date of enactment of this Act; and (B)a list of the eligible recipients of a duplicate medal under section 4. (2)

Consultation

In making determinations under this section, the Secretary shall consult the lists of victims maintained by the Office of the Medical Examiner of New York City, the Office of the County Coroner of Somerset County, Pennsylvania, the Armed Forces Medical Examiners System, and such other organizations as the Secretary may determine to be appropriate. (3)

Determinations final

The lists established under this section, and the inclusion on or exclusion from such lists of any person, is not subject to judicial review. (b)

Subsequent eligibility

If any individual becomes eligible for a medal under section 3(c)(1), or any other recipient becomes eligible for a duplicate medal under section 4, the Secretary shall promptly add the name of that individual or recipient to the appropriate list established pursuant to subsection (a).

6.

Sales of duplicate medals to the public to defray costs

Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the medals struck under this Act, at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses.

7.

National medals

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