Text: H.R.1177 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-262 (10/08/2010)

 
[111th Congress Public Law 262]
[From the U.S. Government Printing Office]



[[Page 2779]]

                 5-STAR GENERALS COMMEMORATIVE COIN ACT

[[Page 124 STAT. 2780]]

Public Law 111-262
111th Congress

                                 An Act


 
To require the Secretary of the Treasury to mint coins in recognition of 
   five United States Army 5-Star Generals, George Marshall, Douglas 
 MacArthur, Dwight Eisenhower, Henry ``Hap'' Arnold, and Omar Bradley, 
alumni of the United States Army Command and General Staff College, Fort 
   Leavenworth, Kansas, to coincide with the celebration of the 132nd 
   Anniversary of the founding of the United States Army Command and 
      General Staff College. <<NOTE: Oct. 8, 2010 -  [H.R. 1177]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: 5-Star Generals 
Commemorative Coin Act. 31 USC 5112 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``5-Star Generals Commemorative Coin 
Act''.
SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The United States Army Command and General Staff 
        College, founded in 1881, has in its many evolutionary forms, 
        served this country consistently and well for 127 years.
            (2) The Command and General Staff College has played a 
        decisive role in the education and training of officers, 
        particularly in their field grade years of service, in times of 
        war and peace, since its establishment.
            (3) The Command and General Staff College has had a 
        salutatory effect on many fields of battle by providing its 
        officer student bodies the necessary skills of battle 
        management, leadership development, and the most modern and 
        effective command and staff action procedures, all of which have 
        been key to this Nations' success in its many conflicts which, 
        thereby, have preserved its freedoms and way of life.
            (4) The Command and General Staff College, the Nations' 
        oldest military staff college, does not have a commemorative 
        coin cast in celebrating its long and honorable history, 
        displaying its heritage, and serving as a reminder to the holder 
        of such coins the service to the Nation its graduates have 
        provided in war and peace.
            (5) The United States Army Command and General Staff College 
        is the Nation's largest and oldest military staff college, 
        continuing to educate officers from all United States branches 
        of military services, select members of our civil government, 
        and officers from many friendly and allied nations from around 
        the globe. Located in the middle of the American heartland, will 
        continue to serve as a beacon of light to the proposition of 
        intellectual curiosity and professional military excellence in 
        the development of its students, and serve as a link to

[[Page 124 STAT. 2781]]

        American citizenry grateful for the sacrifices, some in the 
        fullest measure of duty and devotion to the Nation, made by the 
        graduates of its Command and Staff College.
            (6) The Command and General Staff College Foundation, Inc. 
        (in this Act referred to as the ``Foundation'') is dedicated to 
        promoting excellence in the faculty and students of the United 
        States Army Command and General Staff College. Seeking new ways 
        to educate and remind our citizens regarding the capable and 
        selfless service of our military officers, and to imbue in them 
        a sense of pride in those who bear the burden of military 
        leadership in our Nation's wars and in times of peace.
            (7) The Foundation is a nongovernmental, member-based, and 
        publicly supported nonprofit organization that is entirely 
        dependent on funds from members, donations, and grants for its 
        functions and supports exclusively the United States Army 
        Command and General Staff College.
            (8) The Foundation uses funding to provide the Margin of 
        Excellence to the programs and activities of the College in 
        support of the educational needs of the Nation's field grade 
        officer corps, and the faculty and staff attendant thereto.
            (9) In 2006, the Secretary of the Army accepted the first 
        Foundation gift to the College in support of the Command and 
        General Staff College.
            (10) The Foundation is actively engaged in the initial 
        stages of its first capital campaign to support the Command and 
        General Staff College.
            (11) The five 5-Star Generals who attended or taught at the 
        Command and General Staff College; include Douglas MacArthur, 
        George C. Marshall, Henry ``Hap'' Arnold, Dwight D. Eisenhower, 
        and Omar N. Bradley.
            (12) Douglas macarthur, general of the army.--
                    (A) General MacArthur was a distinguished soldier, 
                scholar, and strategist who gave 61 years of service to 
                his country.
                    (B) He commanded the 42d Division in World War I, 
                and later served as the Chief of the Army General Staff. 
                Prior to retirement, he was the Military Advisor to the 
                Commonwealth of the Philippines.
                    (C) In 1941, he was recalled to active duty as 
                Commanding General, United States Army Far East.
                    (D) He was awarded the Medal of Honor for his heroic 
                defense of the Philippines.
                    (E) After being ordered to depart the Philippines by 
                the President, he inspired the world with his statement, 
                ``I shall return.''.
                    (F) Forces under his command defeated those of the 
                Empire of Japan.
                    (G) After accepting the Japanese surrender, he 
                directed the highly successful reconstruction of the 
                Japanese nation, and served as the first commander of 
                United Nations Forces during the Korean War.
                    (H) General MacArthur, son of General Arthur 
                MacArthur, spent time as a child at Ft. Leavenworth and 
                later in his career, he taught as a Captain in the Field

[[Page 124 STAT. 2782]]

                 Engineering School, and served as the adjutant, 
                quartermaster, and commanding officer of the 3d Engineer 
                Battalion (later reflagged as the 2d Engineer 
                Battalion).
            (13) George c. marshall, general of the army.--
                    (A) General George C. Marshall entered the Army from 
                the Virginia Military Institute in 1902.
                    (B) During a long career of public service, he 
                distinguished himself as a leader, tactician, 
                strategist, statesman, and, truly, as the ``Organizer of 
                Victory''.
                    (C) In World War I, he was regarded as one of the 
                most talented staff officers in the United States Army.
                    (D) After that war, and throughout the many long and 
                challenging duties of the interwar years, he was 
                appointed United States Army Chief of the General Staff 
                in 1939.
                    (E) During World War II, he achieved recognition as 
                one of America's greatest military leaders.
                    (F) As chief strategist of that global war, he 
                materially assisted in directing the Allied Powers to 
                victory.
                    (G) In 1947 he was appointed Secretary of State for 
                the United States and his outstanding career as a 
                statesman proved equal to his brilliant military career.
                    (H) He was awarded the Nobel Peace Prize for his 
                conception and implementation of the European Recovery 
                Program, and, subsequently, he served as the Secretary 
                of Defense for 1 year.
                    (I) General Marshall's service at Ft. Leavenworth 
                included graduation from the United States Army School 
                of the Line in 1907, the United States Army Staff 
                College in 1908, followed by instructor duty at Ft. 
                Leavenworth from in 1909 and 1910.
            (14) Henry h. arnold, general of the army.--
                    (A) General ``Hap'' Arnold is the only officer in 
                the history of our country to earn the ranks of General 
                of the Army and General of the Air Force.
                    (B) General Arnold, a graduate of West Point in 
                1907, received his pilot training in 1911 from the 
                Wright brothers in Dayton, Ohio.
                    (C) He became one of our Nation's strongest 
                advocates for air power, and personally held numerous 
                records and trophies for flying achievements, to include 
                the first delivery of United States mail by air.
                    (D) Accomplishments in and from the air in the World 
                Wars, particularly in World War II, were heavily 
                influenced by his genius.
                    (E) As a result of General Arnold's contributions, 
                massed air power gave a third dimension to battles of 
                World War II, swept the skies of the enemy, and denied 
                him mobility on the ground.
                    (F) One of General Arnold's citations reads in part: 
                ``From conception to execution, General Arnold's 
                leadership guided the mightiest air force in history''.
                    (G) General Arnold's service at Ft. Leavenworth was 
                as a student at the Command and General Staff College, 
                1928-1929.
            (15) Dwight d. eisenhower, general of the army.--

[[Page 124 STAT. 2783]]

                    (A) General Dwight D. Eisenhower, in 1915, began a 
                career of distinguished public service reaching the 
                highest positions of military and civil leadership in 
                the United States.
                    (B) During World War II, as Commander in Chief, 
                Allied Expeditionary Force, he led the invasion of North 
                Africa and defeated the German force on that continent.
                    (C) In 1944, as Supreme Allied Commander, Allied 
                Expeditionary Force, he was instructed: ``You will enter 
                the continent of Europe, and, in conjunction with other 
                United Nations, undertake operations aimed at the heart 
                of Germany and the destruction of her armed forces''.
                    (D) In accomplishing this mission, he commanded the 
                largest combination of land, sea and air forces in 
                history.
                    (E) Following World War II, he was instrumental in 
                the development of the North Atlantic Treaty 
                Organization.
                    (F) After his brilliant military career he was 
                elected 34th President of the United States.
                    (G) His service at Ft. Leavenworth was 1917-1918 as 
                a tactical instructor officer for a course for 
                lieutenants and in 1925-1926 as a student at the Command 
                and General Staff College from which he was the honor 
                graduate of his class.
            (16) Omar n. bradley, general of the army.--
                    (A) Throughout his distinguished military career, 
                General Omar N. Bradley was recognized as an exceptional 
                leader, tactician, and educator.
                    (B) As Commandant of the Infantry School, he 
                developed the officer candidate program through which 
                more than 45,000 combat leaders of World War II were 
                commissioned.
                    (C) During the war, he successfully commanded a 
                division, corps, army, and army group. While commanding 
                II Corps, he was instrumental in defeating German forces 
                in North Africa and Sicily.
                    (D) His successful career as a field commander 
                reached a peak when, as commander of the 12th Army 
                Group, he greatly assisted in the liberation of Europe.
                    (E) This group contained the largest number of 
                American to ever serve under one commander. He became 
                the Army Chief of Staff in 1948 and the first Chairman 
                of the Joint Chiefs of Staff in 1949.
                    (F) General Bradley's service at Ft. Leavenworth was 
                as a student at the Command and General Staff College, 
                1928-1929.
SEC. 3. COIN SPECIFICATIONS.

    (a) Denominations.--In recognition and celebration of the 5-Star 
Generals attendance and graduation from the Command and General Staff 
College, 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 coins, which 
        shall--
                    (A) weigh 8.359 grams;
                    (B) have diameter of 0.850 inches; and
                    (C) contain 90 percent gold and 10 percent alloy.

[[Page 124 STAT. 2784]]

            (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.
            (3) Half dollar clad coins.--Not more than 750,000 half 
        dollar coins which shall--
                    (A) weigh 11.34 grams;
                    (B) have a diameter of 1.205 inches; and
                    (C) be minted to the specifications for half dollar 
                coins contained in section 5112(b) of title 31, United 
                States Code.

    (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.
SEC. 4. DESIGN OF COINS.

    (a) Design Requirements.--
            (1) In general.--The design of the coins minted under this 
        Act shall include the portraits of Generals George C. Marshall, 
        Douglas MacArthur, Dwight D. Eisenhower, Henry ``Hap'' Arnold 
        and Omar N. Bradley.
            (2) Designations and inscriptions.--On each coin minted 
        under this Act there shall be--
                    (A) a designation of the face value of the coin;
                    (B) an inscription of the year ``2013''; 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) be selected by the Secretary after consultation with the 
        Command and General Staff College Foundation, and the Commission 
        of Fine Arts; and
            (2) be reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.

    (a) Quality of Coins.--Coins minted under this Act shall be issued 
in uncirculated and proof qualities.
    (b) Mint Facilities.--For each of the three coins minted under this 
Act, at least one facility will be used to strike proof quality coins, 
while at least one other facility will be used to strike the 
uncirculated quality coins.
    (c) Period for Issuance.--The Secretary may issue coins minted under 
this Act only during the 1-year period beginning on January 1, 2013.
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

[[Page 124 STAT. 2785]]

            (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.
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.
            (3) A surcharge of $5 per coin for the half dollar 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 Command and General Staff College Foundation to help finance its 
support of the Command and General Staff College.
    (c) Audits.--The Command and General Staff College 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 by the 
Foundation 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 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 of the Treasury may issue guidance to carry out this 
subsection.
SEC. 8. BUDGET COMPLIANCE.

    The budgetary effects of this Act, for the purpose of complying with 
the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Committee on the

[[Page 124 STAT. 2786]]

Budget of the House of Representatives, provided that such statement has 
been submitted prior to the vote on passage.

    Approved October 8, 2010.

LEGISLATIVE HISTORY--H.R. 1177:
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CONGRESSIONAL RECORD, Vol. 156 (2010):
            May 19, 20, considered and passed House.
            Sept. 28, considered and passed Senate.

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