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 notfor-profit organization chartered by the 85th Congress under 
H. R. 1209—2 

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. 
H. R. 1209—3 

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. 
H. R. 1209—4 

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.