1.This Act may be cited as the
Medal of Honor Commemorative Coin Act
of 2009
.
2.The Congress finds as follows:
(1)The Medal of Honor was first authorized by
the Congress in 1861, as the United States Navy’s highest personal
decoration.
(2)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.
(3)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, and above and beyond the call of duty—
(A)while engaged in
action against an enemy of the United States;
(B)while engaged in
military operations involving conflict with an opposing foreign force;
or
(C)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.
(4)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.
(5)Incontestable
proof of the performance of the service is required, and each recommendation
for the award of the Medal of Honor is considered on the standard of
extraordinary merit.
(6)Fewer than 3,500
Medals of Honor have been awarded to members of the United States Armed
Forces.
(7)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.
(8)Society
members—
(A)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; and
(B)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.
(9)Members of the
Society act to foster patriotism and to inspire and encourage the youth of
America to become worthy citizens.
(10)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.
(11)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.
3.
(a)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)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)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)The coins minted under this Act shall be
legal tender, as provided in section 5103 of title 31, United States
Code.
(c)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.
4.
(a)
(1)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 inscriptionsOn 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)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, both past and present, 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.
5.
(a)Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b)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)The Secretary of the
Treasury may issue coins minted under this Act only during the 1-year period
beginning on January 1, 2011.
6.
(a)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)The Secretary shall
make bulk sales of the coins issued under this Act at a reasonable
discount.
(c)
(1)The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such coins.
(2)Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
7.
(a)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)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)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)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 enactment of this Act). The Secretary may issue guidance
to carry out this subsection.