[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

123 STAT. 2980

Public Law 111-91
111th Congress

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

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123 STAT. 2981

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.

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123 STAT. 2982

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.

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123 STAT. 2983

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.

Approved November 6, 2009.

LEGISLATIVE HISTORY--H.R. 1209:
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CONGRESSIONAL RECORD, Vol. 155 (2009):
May 13, 14, considered and passed House.
Oct. 22, considered and passed Senate.