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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘True American Heroes

5 Act of 2003’’.

6 TITLE I—MEDALS FOR

7 RESPONDERS AND RESISTERS

8 SEC. 101. CONGRESSIONAL GOLD MEDALS FOR GOVERN9 MENT WORKERS WHO RESPONDED TO THE

10 ATTACKS ON THE WORLD TRADE CENTER

11 AND PERISHED.

12 (a) PRESENTATION AUTHORIZED.—In recognition of

13 the bravery and self-sacrifice of officers, emergency work14 ers, and other employees of State and local government

15 agencies, including the Port Authority of New York and

16 New Jersey, and of the United States Government and

17 others, who responded to the attacks on the World Trade

18 Center in New York City, and perished in the tragic events

19 of September 11, 2001 (including those who are missing

20 and presumed dead), the Speaker of the House and the

21 President pro tempore of the Senate shall make appro22 priate arrangements for the presentation, on behalf of the

23 Congress, of a gold medal of appropriate design for each

24 such officer, emergency worker, employee, or other indi25 vidual to the next of kin or other personal representative
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1 of each such officer, emergency worker, employee, or other

2 individual.

3 (b) DESIGN AND STRIKING.—For purposes of the

4 presentation referred to in subsection (a), the Secretary

5 of the Treasury shall strike gold medals with suitable em6 blems, devices, and inscriptions to be determined by the

7 Secretary to be emblematic of the valor and heroism of

8 the men and women honored.

9 (c) DETERMINATION OF RECIPIENTS.—The Sec10 retary of the Treasury shall determine the number of med11 als to be presented under this section and the appropriate

12 recipients of the medals after consulting with appropriate

13 representatives of Federal, State, and local officers and

14 agencies and the Port Authority of New York and New

15 Jersey.

16 (d) DUPLICATIVE GOLD MEDALS FOR DEPARTMENTS

17 AND DUTY STATIONS.—

18 (1) IN GENERAL.—The Secretary of the Treas19 ury shall strike duplicates in gold of the gold medals

20 struck pursuant to subsection (a) for presentation to

21 each of the following, for permanent display in the

22 respective offices, houses, stations, or places of em23 ployment:

24 (A) The Governor of the State of New

25 York.
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1 (B) The Mayor of the City of New York.

2 (C) The Commissioner of the New York

3 Police Department, the Commissioner of the

4 New York Fire Department, the head of emer5 gency medical services for the City of New

6 York, and the Chairman of the Board of Direc7 tors of the Port Authority of New York and

8 New Jersey.

9 (D) Each precinct house, fire house, emer10 gency response station, or other duty station or

11 place of employment to which each person re12 ferred to in subsection (a) was assigned on Sep13 tember 11, 2001, for display in each such place

14 in a manner befitting the memory of such per15 sons.

16 (e) DUPLICATE BRONZE MEDALS.—Under such reg17 ulations as the Secretary may prescribe, the Secretary

18 may strike and sell duplicates in bronze of the gold medal

19 struck under subsection (a) at a price sufficient to cover

20 the costs of the bronze medals (including labor, materials,

21 dies, use of machinery, and overhead expenses) and the

22 cost of the gold medal.

23 (f) USE OF THE UNITED STATES MINT AT WEST

24 POINT, NEW YORK.—It is the sense of the Congress that

25 the medals authorized under this section should be struck
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1 at the United States Mint at West Point, New York, to

2 the greatest extent possible.

3 SEC. 102. CONGRESSIONAL GOLD MEDALS FOR PEOPLE

4 ABOARD UNITED AIRLINES FLIGHT 93 WHO

5 HELPED RESIST THE HIJACKERS AND

6 CAUSED THE PLANE TO CRASH.

7 (a) CONGRESSIONAL FINDINGS.—The Congress finds

8 as follows:

9 (1) On September 11, 2001, United Airlines

10 Flight 93, piloted by Captain James Dahl, departed

11 from Newark International Airport at 8:01 a.m. on

12 its scheduled route to San Francisco, California,

13 with 7 crew members and 38 passengers on board.

14 (2) Shortly after departure, United Airlines

15 Flight 93 was hijacked by terrorists.

16 (3) At 10:37 a.m. United Airlines Flight 93

17 crashed near Shanksville, Pennsylvania.

18 (4) Evidence indicates that people aboard

19 United Airlines Flight 93 learned that other hi20 jacked planes had been used to attack the World

21 Trade Center in New York City and resisted the ac22 tions of the hijackers on board.

23 (5) The effort to resist the hijackers aboard

24 United Airlines Flight 93 appears to have caused

25 the plane to crash prematurely, potentially saving
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1 hundreds or thousands of lives and preventing the

2 destruction of the White House, the Capitol, or an3 other important symbol of freedom and democracy.

4 (6) The leaders of the resistance aboard United

5 Airlines Flight 93 demonstrated exceptional bravery,

6 valor, and patriotism, and are worthy of the appre7 ciation of the people of the United States.

8 (b) PRESENTATION OF CONGRESSIONAL GOLD MED9 ALS AUTHORIZED.—In recognition of heroic service to the

10 Nation, the Speaker of the House and the President pro

11 tempore of the Senate shall make appropriate arrange12 ments for the presentation, on behalf of the Congress, of

13 a gold medal of appropriate design for each passenger or

14 crew member on board United Airlines Flight 93 who is

15 identified by the Attorney General as having aided in the

16 effort to resist the hijackers on board the plane to the

17 next of kin or other personal representative of each such

18 individual.

19 (c) DESIGN AND STRIKING.—For the purpose of the

20 presentation referred to in subsection (b), the Secretary

21 of the Treasury shall strike gold medals of a single design

22 with suitable emblems, devices, and inscriptions, to be de23 termined by the Secretary.

24 (d) DUPLICATE MEDALS.—Under such regulations

25 as the Secretary of the Treasury may prescribe, the Sec-
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1 retary may strike and sell duplicates in bronze of the gold

2 medals struck under subsection (b) at a price sufficient

3 to cover the cost of the bronze medals (including labor,

4 materials, dies, use of machinery, and overhead expenses)

5 and the cost of the gold medals.

6 SEC. 103. CONGRESSIONAL GOLD MEDALS FOR GOVERN7 MENT WORKERS WHO RESPONDED TO THE

8 ATTACKS ON THE PENTAGON AND PERISHED.

9 (a) PRESENTATION AUTHORIZED.—In recognition of

10 the bravery and self-sacrifice of officers, emergency work11 ers, and other employees of the United States Govern12 ment, who responded to the attacks on the Pentagon

13 Washington, D.C. and perished in the tragic events of

14 September 11, 2001 (including those who are missing and

15 presumed dead) the Speaker of the House and the Presi16 dent pro tempore of the Senate shall make appropriate

17 arrangements for the presentation, on behalf of the Con18 gress, of a gold medal of appropriate design for each such

19 officer, emergency worker, or employee to the next of kin

20 or other personal representative of each such officer, emer21 gency worker, or employee.

22 (b) DESIGN AND STRIKING.—For the purpose of the

23 presentation referred to in subsection (a), the Secretary

24 of the Treasury shall strike gold medals of a single design
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1 with suitable emblems, devices, and inscriptions, to be de2 termined by the Secretary.

3 (c) DETERMINATION OF RECIPIENTS.—The Sec4 retary of the Treasury shall determine the number of med5 als to be presented under this section and the appropriate

6 recipients of the medals after consulting with the Sec7 retary of Defense and any other appropriate representa8 tive of Federal, State, and local officers and agencies.

9 SEC. 104. NATIONAL MEDALS.

10 The medals struck under this title are national med11 als for purposes of chapter 51 of title 31, United States

12 Code.

13 TITLE II—SPIRIT OF AMERICA

14 COMMEMORATIVE COINS

15 SEC. 201. FINDINGS.

16 The Congress finds as follows:

17 (1) On September 11, 2001, the United States

18 suffered the worst act of terrorism in its history.

19 (2) The more than 6,000 people who lost their

20 lives as a result of the terrorist attacks that oc21 curred in New York City, at the Pentagon, and in

22 Pennsylvania on September 11, 2001, will not be

23 forgotten.
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1 (3) Hundreds of emergency personnel re2 sponded heroically to the crisis and lost their lives

3 as a result.

4 (4) People from everywhere in the United

5 States responded to the crisis with an outpouring of

6 support for the victims of the terrorist attacks and

7 their families.

8 (5) The civilized world stands with strength and

9 fortitude in opposition to the cowardly terrorist at10 tacks against the United States that occurred on

11 September 11, 2001.

12 (6) It is essential to remember not only the

13 tragedy of the attacks, but also the strength and re14 solve demonstrated by the people of the United

15 States in the aftermath of the attacks.

16 (7) The minting of coins in commemoration of

17 the Spirit of America will pay tribute to the count18 less heroes who risked their lives during the terrorist

19 attacks and in their aftermath so that others may

20 live and to a united people whose belief in freedom,

21 justice, and democracy has never swayed.

22 SEC. 202. COIN SPECIFICATIONS.

23 (a) DENOMINATIONS.—In commemoration of the

24 Spirit of America, the Secretary of the Treasury (hereafter
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1 in this title referred to as the ‘‘Secretary’’) shall mint and

2 issue the following coins:

3 (1) $50 GOLD COINS.—Such number of 50 dol4 lar coins as the Secretary determines under sub5 section (b), which shall—

6 (A) weigh 1 ounce;

7 (B) have a diameter of 1.287 inches; and

8 (C) contain 91.67 percent gold and 8.33

9 percent alloy.

10 (2) $1 SILVER COINS.—Such number of 1 dollar

11 coins as the Secretary determines appropriate to

12 meet demand, which shall—

13 (A) weigh 26.73 grams;

14 (B) have a diameter of 1.500 inches; and

15 (C) contain 90 percent silver and 10 per16 cent copper.

17 (3) HALF DOLLAR CLAD COINS.—Such number

18 of half dollar coins as the Secretary determines ap19 propriate to meet demand, which shall—

20 (A) weigh 11.34 grams;

21 (B) have a diameter of 1.205 inches; and

22 (C) be minted to the specifications for half

23 dollar coins contained in section 5112(b) of title

24 31, United States Code.

25 (b) NUMBER OF GOLD COINS.—
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1 (1) IN GENERAL.—The number of gold coins

2 minted and issued under this title shall equal the

3 sum of 25,000 and the number determined under

4 paragraph (2).

5 (2) DETERMINATION OF NUMBER.—The Sec6 retary, in consultation with the Attorney General of

7 the United States and the Governors of New York,

8 Pennsylvania, and Virginia shall determine the num9 ber of innocent individuals confirmed or presumed to

10 have been killed as a result of the terrorist attacks

11 against the United States that occurred on Sep12 tember 11, 2001, and shall identify such individuals.

13 The Secretary, under subsection (a)(1), shall mint

14 and issue a number of 50 dollar coins equal to the

15 number of such individuals.

16 (c) LEGAL TENDER.—The coins minted under this

17 title shall be legal tender, as provided in section 5103 of

18 title 31, United States Code.

19 (d) NUMISMATIC ITEMS.—For purposes of section

20 5136 of title 31, United States Code, all coins minted

21 under this title shall be considered to be numismatic items.

22 (e) SOURCES OF BULLION.—For the purpose of

23 minting coins under this title, the Secretary may only use

24 metals that are from natural deposits in the United States

25 or any territory or possession of the United States.
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1 (f) SPECIAL TREATMENT UNDER EXIGENT CIR2 CUMSTANCES.—

3 (1) FINDINGS.—The Congress finds as follows:

4 (A) The limitations contained in para5 graphs (1) and (2)(A) of section 5112(m) of

6 title 31, United States Code, and section

7 5134(f)(1)(B) of such title have well served,

8 and continue to serve, their purpose of bringing

9 greater stability to the markets for commemo10 rative coins, maximizing demand and participa11 tion in such programs, and ensuring that such

12 programs have a broad base of private support

13 and are not used as the primary means of fund14 raising by organizations that are the recipients

15 of surcharges.

16 (B) The shocking circumstances of Sep17 tember 11, 2001, the broad base of public inter18 est in showing the Spirit of America and par19 ticipating in the raising of funds for the victims

20 of the crimes committed on that date, and the

21 importance of implementing this coin program

22 as quickly as possible, notwithstanding the limi23 tations contained in such paragraphs, justify

24 exempting the coins produced under this title

25 from such limitations.
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1 (2) EXEMPTION.—Paragraphs (1) and (2) of

2 section 5112(m) of title 31, United States Code, and

3 section 5134(f)(1)(B) of such title shall not apply to

4 coins authorized under this title.

5 SEC. 203. DESIGN OF COINS.

6 (a) IN GENERAL.—The design of the coins minted

7 under this title shall be emblematic of the tragic events

8 that occurred at the Pentagon, in New York City, and in

9 Pennsylvania, on September 11, 2001.

10 (b) DESIGNATION AND INSCRIPTIONS.—On each coin

11 minted under this title there shall be—

12 (1) a designation of the value of the coin;

13 (2) an inscription of the date ‘‘September 11,

14 2001’’ (and such coin shall bear no other date); and

15 (3) inscriptions of the words ‘‘Liberty’’, ‘‘In

16 God We Trust’’, ‘‘United States of America’’, and

17 ‘‘E Pluribus Unum’’.

18 (c) SELECTION.—The design for the coins minted

19 under this title shall be selected—

20 (1) by the Secretary after consultation with the

21 Commission of Fine Arts; and

22 (2) reviewed by the citizens advisory committee

23 established under section 5135 of title 31, United

24 States Code.
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1 SEC. 204. STRIKING AND ISSUANCE OF COINS.

2 (a) QUALITY OF COINS.—

3 (1) IN GENERAL.—Except as provided under

4 paragraph (2), coins minted under this title shall be

5 issued in uncirculated quality.

6 (2) GOLD COINS.—50 dollar coins minted under

7 section 202(a)(1) shall be issued only in proof qual8 ity.

9 (b) MINT FACILITY.—

10 (1) IN GENERAL.—Except as provided under

11 paragraph (2), only 1 facility of the United States

12 Mint may be used to strike any particular quality of

13 the coins minted under this title.

14 (2) CLAD COINS.—Any number of facilities of

15 the United States Mint may be used to strike the

16 half dollar coins minted under section 202(a)(3).

17 (c) PERIOD FOR ISSUANCE.—The Secretary—

18 (1) shall commence issuing coins minted under

19 this title as soon as possible after the date of the en20 actment of this Act; and

21 (2) shall not issue any coins after the end of

22 the 1-year period beginning on the date such coins

23 are first issued.

24 SEC. 205. SALE OF COINS.

25 (a) SALE PRICE.—The coins issued under section

26 202(a) (other than the 50 dollar gold coins referred to
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1 in subsection (d)) shall be sold by the Secretary at a price

2 equal to the sum of—

3 (1) the face value of the coins;

4 (2) the surcharges required by section 206(a)

5 with respect to such coins; and

6 (3) the cost of designing and issuing the coins

7 (including labor, materials, dies, use of machinery,

8 overhead expenses, marketing, and shipping).

9 (b) BULK SALES.—The Secretary shall make bulk

10 sales of the coins issued under section 202(a) at a reason11 able discount.

12 (c) PREPAID ORDERS.—The Secretary shall accept

13 prepaid orders received before the issuance of the coins

14 minted under section 202(a). The sale prices with respect

15 to such prepaid orders shall be at a reasonable discount.

16 (d) GOLD COINS.—Notwithstanding section

17 204(c)(2), the Secretary shall issue a 50 dollar coin mint18 ed under section 202(a)(1) for presentation free of charge

19 to the next of kin or personal representative of each indi20 vidual identified under section 202(b). The Speaker of the

21 House of Representatives and the President Pro Tempore

22 of the Senate shall make appropriate arrangements for the

23 presentation, on behalf of the Congress, of such gold coins.
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1 SEC. 206. SURCHARGES ON SALE OF COINS.

2 (a) ASSESSMENT.—Any sale by the Secretary of a

3 coin minted under this title shall include a surcharge of

4 an amount determined by the Secretary to be sufficient

5 to cover the cost of the gold coins minted under section

6 202(a)(1) (including labor, materials, dies, use of machin7 ery, overhead expenses, and shipping) for presentment in

8 accordance with section 205(d), which charge may not be

9 less than—

10 (1) $100 per coin for the 50 dollar gold coins;

11 (2) $10 per coin for the 1 dollar coin; and

12 (3) $5 per coin for the half dollar coin.

13 (b) DISTRIBUTION OF EXCESS PROCEEDS.—Any pro14 ceeds from the surcharges received by the Secretary from

15 the sale of coins issued under this title in excess of the

16 cost of producing all coins issued under this title (includ17 ing coins issued for individuals identified pursuant to sec18 tion 202(b)(2)) shall be—

19 (1) used to cover the costs incurred in the pro20 duction of gold medals under title I that have not

21 been recovered from the sale of duplicate bronze

22 medals under such title; and

23 (2) with respect to any amount remaining after

24 the costs described in paragraph (1) are covered,

25 transferred to any fund for victims of the tragedies

26 of September 11, 2001, that the Secretary of the
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1 Treasury and the Attorney General jointly determine

2 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 respondedto the attacks on the World Trade Center andthe Pentagon and perished and to people aboardUnited Airlines Flight 93 who helped resist thehijackers and caused the plane to crash, to require the Secretary of the Treasury to mint coinsin commemoration of the Spirit of America, recognizing the tragic events of September 11,2001, and for other purposes.