[110th Congress Public Law 450]
[From the U.S. Government Printing Office]


[DOCID: f:publ450.110]

[[Page 122 STAT. 5017]]

Public Law 110-450
110th Congress

                                 An Act


 
 To require the Secretary of the Treasury to mint coins in recognition 
and celebration of the establishment of the United States Army in 1775, 
 to honor the American soldier of both today and yesterday, in wartime 
 and in peace, and to commemorate the traditions, history, and heritage 
  of the United States Army and its role in American society, from the 
    Colonial period to today. <<NOTE: Dec. 1, 2008 -  [H.R. 5714]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: United States 
Army Commemorative Coin Act of 2008. 31 USC 5112 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Army Commemorative Coin 
Act of 2008''.
SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the United States Army, founded in 1775, has served this 
        country well for over 230 years;
            (2) the United States Army has played a decisive role in 
        protecting and defending freedom throughout the history of the 
        United States, from the Colonial period to today, in wartime and 
        in peace, and has consistently answered the call to serve the 
        American people at home and abroad since the Revolutionary War;
            (3) the sacrifice of the American soldier, of all ranks, 
        since the earliest days of the Republic has been immense and is 
        deserving of the unique recognition bestowed by commemorative 
        coinage;
            (4) the Army, the Nation's oldest and largest military 
        service, is the only service branch that currently does not have 
        a comprehensive national museum celebrating, preserving, and 
        displaying its heritage and honoring its veterans;
            (5) the National Museum of the United States Army will be--
                    (A) the Army's only service-wide, national museum 
                honoring all soldiers, of all ranks, in all branches 
                since 1775; and
                    (B) located at Fort Belvoir, Virginia, across the 
                Potomac River from the Nation's Capitol, a 10-minute 
                drive from Mount Vernon, the home of the Army's first 
                Commander-in-Chief, and astride the Civil War's decisive 
                Washington-Richmond corridor;
            (6) the Army Historical Foundation (hereafter in this Act 
        referred to as the ``Foundation''), founded in 1983--
                    (A) is dedicated to preserving the history and 
                heritage of the American soldier; and

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                    (B) seeks to educate future Americans to fully 
                appreciate the sacrifices that generations of American 
                soldiers have made to safeguard the freedoms of this 
                Nation;
            (7) the completion and opening to the public of the National 
        Museum of the United States Army will immeasurably help in 
        fulfilling that mission;
            (8) the Foundation is a nongovernmental, member-based, and 
        publicly supported nonprofit organization that is dependent on 
        funds from members, donations, and grants for support;
            (9) the Foundation uses such support to help create the 
        National Museum of the United States Army, refurbish historical 
        Army buildings, acquire and conserve Army historical art and 
        artifacts, support Army history educational programs, for 
        research, and publication of historical materials on the 
        American soldier, and to provide support and counsel to private 
        and governmental organizations committed to the same goals as 
        the Foundation;
            (10) in 2000, the Secretary of the Army designated the 
        Foundation as its primary partner in the building of the 
        National Museum of the United States Army; and
            (11) the Foundation is actively engaged in executing a major 
        capital campaign to support the National Museum of the United 
        States Army.
SEC. 3. COIN SPECIFICATIONS.

    (a) Denominations.--In recognition and celebration of the founding 
of the United States Army in 1775, 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 be emblematic of the traditions, history, and

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        heritage of the United States Army, and its role in American 
        society from the Colonial period to today.
            (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 ``2011''; 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) contain motifs that specifically honor the American 
        soldier of both today and yesterday, in wartime and in peace, 
        such designs to be consistent with the traditions and heritage 
        of the United States Army, the mission and goals of the National 
        Museum of the United States Army, and the missions and goals of 
        the Foundation;
            (2) be selected by the Secretary, after consultation with 
        the Secretary of the Army, the Foundation, and the Commission of 
        Fine Arts; and
            (3) 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 of the United States Mint shall be used to strike 
proof quality coins, while at least 1 other such 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, 2011.
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.

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    (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 Foundation to help finance the National Museum of the United States 
Army.
    (c) Audits.--The 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 the enactment of this Act). The 
Secretary of the Treasury may issue guidance to carry out this 
subsection.

    Approved December 1, 2008.

LEGISLATIVE HISTORY--H.R. 5714 (S. 2579):
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CONGRESSIONAL RECORD, Vol. 154 (2008):
            Oct. 3, considered and passed House.
            Nov. 17, considered and passed Senate.

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