123STA T . 2 98 3 PUBLIC LA W 111 – 91 —NOV . 6, 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 1209:C O N GRESSIONAL RECOR D, V ol .1 5 5 ( 2009 )
May 1 3 ,1 4 , c o nsider ed and p assed Ho u se. Oc t . 22, considered and passed Senate. SEC.7 .S UR C HA R G ES. (a)INGE NE RAL.—Al l s al e s ofc o in s m in t e du nde r t h is Act shall include a surchar g e as follo w s
( 1 ) A surcharge of $35p er coin for the $5 coin. ( 2 ) A surcharge of $1 0 per coin for the $1 coin. ( b ) DIST RI BU TI O N.— S ub j ect to section 513 4 (f) of title 31 ,U nited States C ode, all surcharges recei v edb y the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Congressional M edal of H onor F oundation to help finance the educational, scholarship and outreach programs of the Foundation. (c) AU D ITS.— T he Congressional Medal of Honor Foundation shall be subject to the audit re q uirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) L I M ITATION.— N otwithstanding 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 commemora - tive coin programs issued during such year to e x ceed 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 , 200 9 .
