[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1209 Enrolled Bill (ENR)]

        H.R.1209

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
             the sixth day of January, two thousand and nine


                                 An Act


 
 To require the Secretary of the Treasury to mint coins in recognition 
  and celebration of the establishment of the Medal of Honor in 1861, 
America's highest award for valor in action against an enemy force which 
can be bestowed upon an individual serving in the Armed Services of the 
  United States, to honor the American military men and women who have 
been recipients of the Medal of Honor, and to promote awareness of what 
   the Medal of Honor represents and how ordinary Americans, through 
courage, sacrifice, selfless service and patriotism, can challenge fate 
                    and change the course of history.

    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 ``Medal of Honor Commemorative Coin 
Act of 2009''.
SEC. 2. FINDINGS.
    The Congress finds as follows:
        (1) The Medal of Honor, first authorized by the Congress in 
    1861 as the United States Navy's highest personal decoration, the 
    Army Medal of Honor was authorized by the Congress in 1862, and the 
    Air Force Medal of Honor was authorized by Congress in 1956.
        (2) The Medal of Honor is presented by the President of the 
    United States in the name of the Congress, to a person who, while a 
    member of the United States Armed Forces, distinguishes himself or 
    herself conspicuously by gallantry and intrepidity at the risk of 
    his or her life above and beyond the call of duty while engaged in 
    action against an enemy of the United States; while engaged in 
    military operations involving conflict with an opposing foreign 
    force; or while serving with friendly foreign forces engaged in an 
    armed conflict against an opposing armed force in which the United 
    States is not a belligerent party.
        (3) The deed performed must have been one of personal bravery 
    or self-sacrifice so conspicuous as to clearly distinguish the 
    individual above his or her comrades and must have involved risk of 
    life.
        (4) Incontestable proof of the performance of the service will 
    be exacted and each recommendation for the award of this decoration 
    will be considered on the standard of extraordinary merit.
        (5) Fewer than 3,500 Medals of Honor have been awarded to 
    members of the United States Armed Forces.
        (6) The Congressional Medal of Honor Society is a not-for-
    profit organization chartered by the 85th Congress under a 
    legislative act signed into law by President Dwight D. Eisenhower 
    on August 14, 1958, and membership in the Society is restricted to 
    recipients of the Medal of Honor.
        (7) Society members are joined together for the purpose of 
    forming and maintaining friendship among all living recipients of 
    the Medal of Honor and remembrance of posthumous and deceased 
    recipients.; they are dedicated to the protection and preservation 
    of the dignity, honor and name of the Medal of Honor; service to 
    others; service to Nation; and the promotion of allegiance to the 
    Constitution and the Government of the United States.
        (8) Members of the Society act to foster patriotism and to 
    inspire and encourage the youth of America to become worthy 
    citizens.
        (9) The Congressional Medal of Honor Foundation, a 501(c)(3) 
    not-for-profit organization founded by the Society in 1999, is 
    dedicated to--
            (A) perpetuating the Medal of Honor's legacy through 
        outreach and collaborative efforts;
            (B) raising funds for initiatives that promote what the 
        Medal of Honor represents, operation of the Congressional Medal 
        of Honor Society headquarters, and the public outreach 
        activities of the Medal of Honor Society's membership; and
            (C) promoting American values and the qualities of courage, 
        sacrifice and patriotism through increased awareness, 
        education, scholarships, behavior and example.
        (10) Through its educational and outreach programs, the 
    Congressional Medal of Honor Foundation promotes heroism, 
    selflessness and distinguished citizenship among American youth and 
    brings public awareness to the actions of ordinary Americans who 
    have made and are making a profound difference in preserving our 
    freedoms.
SEC. 3. COIN SPECIFICATIONS.
    (a) Denominations.--In recognition and celebration of the founding 
of the Medal of Honor in 1861, and notwithstanding any other provision 
of law, the Secretary of the Treasury (hereafter in this Act referred 
to as the ``Secretary'') shall mint and issue the following coins:
        (1) $5 gold coins.--Not more than 100,000 $5 gold coins, which 
    shall--
            (A) weigh 8.359 grams;
            (B) have a diameter of 0.850 inches; and
            (C) contain 90 percent gold and 10 percent alloy.
        (2) $1 silver coins.--Not more than 500,000 $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.
    (b) Legal Tender.--The coins minted under this Act shall be legal 
tender, as provided in section 5103 of title 31, United States Code.
    (c) Numismatic Items.--For purposes of sections 5134 and 5136 of 
title 31, United States Code, all coins minted under this Act shall be 
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
    (a) Design Requirements.--
        (1) In general.--The design of the coins minted under this Act 
    shall be emblematic of the traditions, legacy, and heritage of the 
    Medal of Honor, and the distinguished service of its recipients in 
    the Nation's history.
        (2) Designation and inscriptions.--On each coin minted under 
    this Act, there shall be--
            (A) a designation of the value of the coin;
            (B) an inscription of the year ``2011''; and
            (C) inscriptions of the words ``Liberty'', ``In God We 
        Trust'', ``United States of America'', and ``E Pluribus Unum''.
    (b) Selection.--The design for the coins minted under this Act 
shall--
        (1) contain motifs that represent the 3 Medal of Honor designs 
    (Army, Navy, and Air Force) and specifically honor the Medal of 
    Honor recipients of both today and yesterday, such designs to be 
    consistent with the traditions and heritage of the United States 
    Armed Services, the mission and goals of the Congressional Medal of 
    Honor Society, and the mission and goals of the Congressional Medal 
    of Honor Foundation;
        (2) be selected by the Secretary, after consultation with the 
    Boards of the Congressional Medal of Honor Society and 
    Congressional Medal of Honor Foundation and the Commission of Fine 
    Arts; and
        (3) be reviewed by the Citizens Coin Advisory Committee.
SEC. 5. ISSUANCE.
    (a) Quality of Coins.--Coins minted under this Act shall be issued 
in uncirculated and proof qualities.
    (b) Mint Facility.--For each of the 2 denomination of coins minted 
under this Act, at least 1 facility of the United States Mint shall be 
used to strike proof quality coins, while at least 1 other such 
facility shall be used to strike the uncirculated quality coins.
    (c) Period for Issuance.--The Secretary of the Treasury may issue 
coins minted under this Act only during the 1-year period beginning on 
January 1, 2011.
SEC. 6. SALE OF COINS.
    (a) Sale Price.--The coins issued under this Act shall be sold by 
the Secretary at a price equal to the sum of--
        (1) the face value of the coins;
        (2) the surcharge provided in section 7(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 this Act at a reasonable discount.
    (c) Prepaid Orders.--
        (1) In general.--The Secretary shall accept prepaid orders for 
    the coins minted under this Act before the issuance of such coins.
        (2) Discount.--Sale prices with respect to prepaid orders under 
    paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
    (a) In General.--All sales of coins minted under this Act shall 
include a surcharge as follows:
        (1) A surcharge of $35 per coin for the $5 coin.
        (2) A surcharge of $10 per coin for the $1 coin.
    (b) Distribution.--Subject to section 5134(f) of title 31, United 
States Code, all surcharges received by the Secretary from the sale of 
coins issued under this Act shall be promptly paid by the Secretary to 
the Congressional Medal of Honor Foundation to help finance the 
educational, scholarship and outreach programs of the Foundation.
    (c) Audits.--The Congressional Medal of Honor Foundation shall be 
subject to the audit requirements of section 5134(f)(2) of title 31, 
United States Code, with regard to the amounts received under 
subsection (b).
    (d) Limitation.--Notwithstanding subsection (a), no surcharge may 
be included with respect to the issuance under this Act of any coin 
during a calendar year if, as of the time of such issuance, the 
issuance of such coin would result in the number of commemorative coin 
programs issued during such year to exceed the annual 2 commemorative 
coin program issuance limitation under section 5112(m)(1) of title 31, 
United States Code (as in effect on the date of the enactment of this 
Act). The Secretary may issue guidance to carry out this subsection.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.