S-1289-119
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Sponsored by Kirsten Gillibrand (D-NY)
What it does
This bill would direct the Secretary of the Treasury to mint and sell up to 50,000 gold $5 coins and up to 400,000 silver $1 coins commemorating the 25th anniversary of the September 11, 2001 terrorist attacks. The coins would be sold at face value plus production costs and a surcharge — $35 per gold coin and $10 per silver coin — with all surcharge revenue paid to the National September 11 Memorial and Museum at the World Trade Center. The bill requires the program to result in no net cost to the federal government, and coins would be issued only during calendar year 2027.
Who benefits
The National September 11 Memorial and Museum, which would receive surcharge revenue to fund operations and programming. Families of the 2,977 victims and survivors who benefit from the museum's services and commemorative mission. First responders and rescue workers honored by the program. Coin collectors and numismatic enthusiasts who would gain access to a limited-edition commemorative series. The U.S. Mint at West Point, New York, which is the preferred striking location and would receive the associated production work.
Who is hurt
Coin buyers would pay above face value (surcharges of $10–$35 per coin), though this is voluntary. Other nonprofit organizations seeking commemorative coin program slots may face indirect competition, as federal law caps commemorative coin programs at two per year. Taxpayers bear minimal administrative overhead costs, though the bill requires full cost recovery before surcharges are disbursed.
Supporters argue
Supporters argue that the 25th anniversary of the September 11 attacks is a nationally significant milestone warranting formal commemoration, and that the coin program provides a self-funding mechanism — at no net cost to taxpayers — to support the Memorial and Museum's ongoing educational and victim-support programs. They contend that the museum serves tens of thousands of affected individuals, including first responders suffering long-term health consequences, and that surcharge revenue directly sustains those services without drawing on federal appropriations.
Opponents argue
Opponents argue that commemorative coin programs generate modest and uncertain surcharge revenue — past programs have frequently sold far below authorized mintage limits, producing less funding than projected — and that the Memorial and Museum would be better served by direct federal appropriations subject to congressional oversight. They contend that the two-program annual cap means this bill could displace other worthy commemorative causes, and that the administrative burden on the Treasury Department is disproportionate to the relatively small sums likely to be raised.
Constitutional context
Congress holds explicit authority to coin money and regulate its value under Article I, Section 8, Clause 5 of the Constitution. This bill falls squarely within that enumerated power and does not raise significant constitutional questions under the Commerce Clause, major questions doctrine, or other provisions identified in the relevant case law.
Checks and balances
Congress authorizes the program and sets its parameters; the Secretary of the Treasury retains discretion over coin design (in consultation with the Commission of Fine Arts and the Citizens Coinage Advisory Committee) and implementation; the National September 11 Memorial and Museum is subject to audit requirements under 31 U.S.C. § 5134(f)(2) for all surcharge funds received.
Historical precedent
Congress has authorized numerous commemorative coin programs with surcharges directed to specific organizations, including the 2001 Capitol Visitor Center coins and the 2011 United States Army Commemorative Coin Act, following the same statutory framework under 31 U.S.C. § 5112.