II 

111TH CONGRESS 

2D SESSION S. 3238 

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. 

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 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 ‘‘Fallen Heroes of 9/ 

5 11 Act’’. 


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1 SEC. 2. CONGRESSIONAL FINDINGS. 

2 Congress finds that— 

3 (1) the tragic deaths at the World Trade Cen4 ter, at the Pentagon, and in rural Pennsylvania on 

5 September 11, 2001, have forever changed our Na6 tion; 

7 (2) the officers, emergency workers, and other 

8 employees of State and local government agencies, 

9 including the Port Authority of New York and New 

10 Jersey, and of the United States Government and 

11 others, who responded to the attacks on the World 

12 Trade Center in New York City and perished as a 

13 result of the tragic events of September 11, 2001 

14 (including those who are missing and presumed 

15 dead), took heroic and noble action on that day; 

16 (3) the officers, emergency rescue workers, and 

17 employees of local and United States Government 

18 agencies, who responded to the attack on the Pen19 tagon in Washington, DC, took heroic and noble ac20 tion to evacuate the premises and prevent further 

21 casualties of Pentagon employees; 

22 (4) the passengers and crew of United Airlines 

23 Flight 93, recognizing the potential danger that the 

24 aircraft that they were aboard posed to large num25 bers of innocent Americans, American institutions, 

26 and the symbols of American democracy, took heroic 


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1 and noble action to ensure that the aircraft could 

2 not be used as a weapon; and 

3 (5) given the unprecedented nature of the at4 tacks against the United States of America and the 

5 need to properly demonstrate the support of the 

6 country for those who lost their lives to terrorism, 

7 it is fitting that their sacrifice be recognized with 

8 the award of an appropriate medal. 

9 SEC. 3. FALLEN HEROES OF 9/11 CONGRESSIONAL MEDALS. 

10 (a) PRESENTATION AUTHORIZED.—The President is 

11 authorized, on behalf of Congress, to award a medal of 

12 appropriate design, such medal to be known as the ‘‘Fallen 

13 Heroes of 9/11 Congressional Medal’’, to— 

14 (1) the personal representative or next of kin of 

15 each individual referred to in subsection (c), in rec16 ognition of the sacrifice made by each such indi17 vidual, and to honor their deaths on and following 

18 September 11, 2001; 

19 (2) the Flight 93 National Memorial Project in 

20 Pennsylvania; 

21 (3) the National September 11 Memorial and 

22 Museum in New York; and 

23 (4) the Pentagon Memorial Project at the Pen24 tagon. 

25 (b) DESIGN AND STRIKING.— 


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1 (1) IN GENERAL.—For purposes of the presen2 tations referred to in subsection (a), the Secretary of 

3 the Treasury (in this Act referred to as the ‘‘Sec4 retary’’) shall strike 3 designs of medals, with such 

5 suitable emblems, devices, and inscriptions as the 

6 Secretary determines to be appropriate to be rep7 resentative of and in honor of, respectively— 

8 (A) those who lost their lives in the attack 

9 at the World Trade Center, including civilians, 

10 public safety officers, emergency workers, and 

11 the passengers and crew of Flight 11 and 

12 United Airlines Flight 175; 

13 (B) the passengers and crew aboard 

14 United Airlines Flight 93 that was brought 

15 down in rural Pennsylvania near Shanksville, 

16 Somerset County; and 

17 (C) those who lost their lives at the Pen18 tagon, including the passengers and crew of 

19 American Airlines Flight 77. 

20 (2) CONSULTATION.—Before making a final de21 termination with respect to the design of the medal 

22 under this subsection, the Secretary shall consult 

23 with the Secretary of Defense and such other parties 

24 as the Secretary may determine to be appropriate. 


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1 (3) CONTENT OF MEDALS.—The medals struck 

2 for purposes of subsection (a)(1) shall be silver med3 als, and the medals struck for purposes of para4 graphs (2) through (4) of subsection (a) shall be 

5 gold medals. 

6 (c) ELIGIBILITY TO RECEIVE MEDAL.— 

7 (1) IN GENERAL.—Any individual who died on 

8 or after September 11, 2001, as a direct result of 

9 the acts of terrorism within the United States on 

10 that date, shall be eligible for a medal authorized by 

11 subsection (a). 

12 (2) DETERMINATION.—Eligibility under para13 graph (1) shall be determined by the Secretary, in 

14 consultation with such other officers of the United 

15 States Government and State and local officials as 

16 the Secretary determines to be appropriate. 

17 SEC. 4. DUPLICATE MEDALS. 

18 (a) RECIPIENTS OF DUPLICATE MEDALS.—The Sec19 retary shall strike duplicates in bronze of the medals 

20 struck pursuant to section 3 for presentation to each pre21 cinct house, firehouse, emergency response station, or 

22 other duty station or place of employment to which each 

23 person referred to in subsection (b) was assigned on Sep24 tember 11, 2001, for permanent display in each such place 

25 in a manner befitting the memory of such person. 


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1 (b) PUBLIC SAFETY, EMERGENCY, AND OTHER

2 WORKERS.—Persons referred to in this subsection are of3 ficers, emergency workers, and other employees of State 

4 and local government agencies, including the Port Author5 ity of New York and New Jersey, and of the United States 

6 Government and others, who responded to the attacks on 

7 the World Trade Center in New York City on September 

8 11, 2001, and perished as a direct result of that act of 

9 terrorism (including those who are missing and presumed 

10 dead). 

11 SEC. 5. ESTABLISHMENT OF LISTS OF RECIPIENTS. 

12 (a) INITIAL LISTS.— 

13 (1) IN GENERAL.—Before the end of the 120- 

14 day period beginning on the date of enactment of 

15 this Act, the Secretary shall establish, in the sole 

16 discretion of the Secretary, in accordance with this 

17 Act— 

18 (A) a list of the names of individuals eligi19 ble to receive a medal under section 3(c)(1) 

20 (and their personal representative or next of 

21 kin), during the period beginning on September 

22 11, 2001, and ending on the date of enactment 

23 of this Act; and 

24 (B) a list of the eligible recipients of a du25 plicate medal under section 4. 


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1 (2) CONSULTATION.—In making determinations 

2 under this section, the Secretary shall consult the 

3 lists of victims maintained by the Office of the Med4 ical Examiner of New York City, the Office of the 

5 County Coroner of Somerset County, Pennsylvania, 

6 the Armed Forces Medical Examiners System, and 

7 such other organizations as the Secretary may deter8 mine to be appropriate. 

9 (3) DETERMINATIONS FINAL.—The lists estab10 lished under this section, and the inclusion on or ex11 clusion from such lists of any person, is not subject 

12 to judicial review. 

13 (b) SUBSEQUENT ELIGIBILITY.—If any individual be14 comes eligible for a medal under section 3(c)(1), or any 

15 other recipient becomes eligible for a duplicate medal 

16 under section 4, the Secretary shall promptly add the 

17 name of that individual or recipient to the appropriate list 

18 established pursuant to subsection (a). 

19 SEC. 6. SALES OF DUPLICATE MEDALS TO THE PUBLIC TO 

20 DEFRAY COSTS. 

21 Under such regulations as the Secretary may pre22 scribe, the Secretary may strike and sell duplicates in 

23 bronze of the medals struck under this Act, at a price suf24 ficient to cover the costs thereof, including labor, mate25 rials, dies, use of machinery, and overhead expenses. 


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1 SEC. 7. NATIONAL MEDALS. 

2 The medals struck pursuant to this Act are national 

3 medals for purposes of chapter 51 of title 31, United 

4 States Code. 

Æ 


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