They've probably just misunderstood the law like everyone else. If the U.S. congress doesn't even know where the banks are coming from, it isn't really surprising that there is some confusion about the whole issue.
Public Law 99-61 Statue of Liberty-Ellis Island Commemorative Coin Act by the 99th Congress of the United States Public Law 99-60 Pub.L. 9961, 99 Stat. 113, H.R. 47, enacted July 9, 1985. Sec. 103. Sources of Bullion. (a) The Secretary shall obtain silver for the coins minted under this title only from stockpiles established under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). Program extension, 2002 The authorizing legislation for the American Silver Eagle bullion program stipulated that the silver used to mint the coins be acquired from the Defense National Stockpile with the intent to deplete the stockpile's silver holdings slowly over several years. By 2002, it became apparent that the stockpile would be depleted and that further legislation would be required for the program to continue.Senator Harry Reid (D-Nevada) introduced bill S. 2594, "Support of American Eagle Silver Bullion Program Act," "to authorize the Secretary of the Treasury to purchase silver on the open market when the silver stockpile is depleted." The bill was passed by the Senate on June 21 and by the House on June 27 and signed into law (Pub.L. 107-201, 116 Stat. 736) by President Bush on July 23, 2002.[19] (sourced from the previously linked Wiki article)
