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.

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

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.

END