[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 455 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 455

 To require the Secretary of the Treasury to mint coins in recognition 
 of 5 United States Army Five-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 132d 
   Anniversary of the founding of the United States Army Command and 
                         General Staff College.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 23, 2009

 Mr. Roberts (for himself and Mr. Brownback) introduced the following 
 bill; which was read twice and referred to the Committee on Banking, 
                       Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of the Treasury to mint coins in recognition 
 of 5 United States Army Five-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 132d 
   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 ``Five-Star Generals Commemorative 
Coin Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the United States Army Command and General Staff 
        College at Fort Leavenworth, Kansas (in this Act referred to as 
        the ``CGSC'') has, in its many evolutionary forms, served this 
        Nation consistently and well for 127 years, since its founding 
        in 1881;
            (2) the CGSC 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 CGSC 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 Nation's success in its many 
        conflicts which, thereby, have preserved its freedoms and way 
        of life;
            (4) the CGSC 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 
        of the service to the Nation its graduates have provided in war 
        and peace;
            (5) the CGSC is the Nation's largest and oldest military 
        staff college, and continues to educate officers of all 
        branches of the United States Armed Forces, select members of 
        civilian government, and officers from many friendly and allied 
        nations from around the globe;
            (6) located squarely in the American heartland, the CGSC 
        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 its 
        graduates;
            (7) the United States Army 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 CGSC, and to seek new ways to 
        educate and remind citizens of the capable and selfless service 
        of United States military officers, and to imbue in them a 
        sense of pride in those who bear the burden of military 
        leadership in the Nation's wars and in times of peace;
            (8) 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 CGSC;
            (9) the Foundation uses funding to provide the Margin of 
        Excellence to the programs and activities of the CGSC in 
        support of the educational needs of the general officer corps 
        of the Armed Forces, and the faculty and staff attendant 
        thereto;
            (10) in 2006, the Secretary of the Army accepted the first 
        Foundation gift in support of the CGSC;
            (11) the Foundation is actively engaged in the initial 
        stages of its first capital campaign to support the CGSC;
            (12) the 5 Five-Star Generals who attended or taught at the 
        CGSC at Fort Leavenworth are Douglas MacArthur, George C. 
        Marshall, Henry ``Hap'' Arnold, Dwight D. Eisenhower, and Omar 
        N. Bradley;
            (13) Douglas MacArthur, General of the Army--
                    (A) was a distinguished soldier, scholar, and 
                strategist who gave 61 years of service to his country;
                    (B) commanded the 42d Division in World War I, and 
                later served as the Chief of the Army General Staff;
                    (C) prior to retirement, was the Military Advisor 
                to the Commonwealth of the Philippines;
                    (D) in 1941, was recalled to active duty as 
                Commanding General, United States Army, Far East;
                    (E) was awarded the Medal of Honor for his heroic 
                defense of the Philippines;
                    (F) after being ordered to depart the Philippines 
                by the President, inspired the world with his 
                statement, ``I shall return'';
                    (G) led forces under his command to defeat those of 
                the Empire of Japan;
                    (H) after accepting the Japanese surrender, 
                directed the highly successful reconstruction of the 
                Japanese nation, and served as the first commander of 
                United Nations Forces during the Korean War; and
                    (I) son of General Arthur MacArthur, spent time as 
                a child at Fort Leavenworth and 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);
            (14) George C. Marshall, General of the Army--
                    (A) entered the Army from the Virginia Military 
                Institute in 1902;
                    (B) during a long career of public service, 
                distinguished himself as a leader, tactician, 
                strategist, statesman and, truly, as the ``Organizer of 
                Victory'';
                    (C) in World War I, was regarded as 1 of the most 
                talented staff officers in the United States Army;
                    (D) after World War I, and after many long and 
                challenging duties during the interwar years, was 
                appointed United States Army Chief of the General Staff 
                in 1939;
                    (E) during World War II, achieved recognition as 
                one of America's greatest military leaders;
                    (F) as chief strategist of World War II, materially 
                assisted in directing the Allied Powers to victory;
                    (G) in 1947, was appointed Secretary of State;
                    (H) had an outstanding career as a statesman, 
                proving equal to his brilliant military career;
                    (I) was awarded the Nobel Peace Prize for his 
                conception and implementation of the European Recovery 
                Program, and, subsequently, served as the Secretary of 
                Defense for 1 year; and
                    (J) graduated from the United States Army School of 
                the Line in 1907 and the United States Army Staff 
                College in 1908, followed by instructor duty at Fort 
                Leavenworth in 1909 and 1910;
            (15) Henry H. ``Hap'' Arnold, General of the Army--
                    (A) is the only officer in the history of the 
                United States to earn the ranks of General of the Army 
                and General of the Air Force;
                    (B) a graduate of the United States Military 
                Academy at West Point in 1907 and received his pilot 
                training in 1911 from the Wright brothers in Dayton, 
                Ohio;
                    (C) became 1 of the Nation's strongest advocates 
                for air power, and personally held numerous records and 
                trophies for flying achievements, including the first 
                delivery of United States mail by air, and many 
                accomplishments in and from the air in the World Wars, 
                particularly in World War II, were heavily influenced 
                by his genius;
                    (D) as a result of his contributions, gave a third 
                dimension to battles of World War II through massed air 
                power, sweeping the skies of the enemy and denying to 
                the enemy mobility on the ground;
                    (E) received a citation which reads in part: ``from 
                conception to execution, General Arnold's leadership 
                guided the mightiest air force in history''; and
                    (F) was at Fort Leavenworth as a student at the 
                CGSC from 1928 through 1929;
            (16) Dwight D. Eisenhower, General of the Army--
                    (A) 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, led the invasion of North 
                Africa and the defeat of the German forces on that 
                continent;
                    (C) in 1944, as Supreme Allied Commander, Allied 
                Expeditionary Force, 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 that mission, commanded the 
                largest combination of land, sea, and air forces in 
                history;
                    (E) following World War II, 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) served at Fort Leavenworth from 1917 through 
                1918 as a tactical instructor officer for a course for 
                lieutenants, and in 1925 through 1926, was a student at 
                the CGSC, from which he was the honor graduate of his 
                class; and
            (17) Omar N. Bradley, General of the Army--
                    (A) throughout his distinguished military career, 
                was recognized as an exceptional leader, tactician, and 
                educator;
                    (B) as Commandant of the Infantry School, developed 
                the officer candidate program, through which more than 
                45,000 leaders of United States combat forces in World 
                War II were commissioned;
                    (C) during World War II, successfully commanded a 
                division, corps, Army, and Army Group;
                    (D) while commanding II Corps, was instrumental in 
                defeating German forces in North Africa and Sicily;
                    (E) reached a peak in his successful career as a 
                field commander when, as commander of the 12th Army 
                Group, which contained the largest number of Americans 
                to ever serve under 1 commander, he greatly assisted in 
                the liberation of Europe;
                    (F) became the Army Chief of Staff in 1948 and the 
                first Chairman of the Joint Chiefs of Staff in 1949; 
                and
                    (G) was at Fort Leavenworth as a student at the 
                CGSC, from 1928 through 1929.

SEC. 3. COIN SPECIFICATIONS.

    (a) Denominations.--In recognition and celebration of the Five-Star 
Generals' attendance and graduation from the CGSC, 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 a 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 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 3 coins minted under this 
Act, at least 1 facility shall be used to strike proof quality coins, 
while at least 1 other facility shall 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 their 
support of the CGSC.
    (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 2 commemorative 
coin program issuance limitation under section 5112(m)(1) of title 31, 
United States Code (as in effect on the date of enactment of this Act). 
The Secretary of the Treasury may issue guidance to carry out this 
subsection.
                                 <all>