[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1177 Enrolled Bill (ENR)]
H.R.1177
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
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.
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 ``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 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 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.--
(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.
(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
(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 Budget of the House of
Representatives, provided that such statement has been submitted prior
to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.