[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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