PUBLIC LAW 110–450—DEC. 1, 2008 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. 

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 ‘‘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 

United States 

Army 

Commemorative 

Coin Act of 2008. 

31 USC 5112 

note. 

Dec. 1, 2008 

[H.R. 5714] 


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122 STAT. 5018 PUBLIC LAW 110–450—DEC. 1, 2008 

(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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PUBLIC LAW 110–450—DEC. 1, 2008 122 STAT. 5019 

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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122 STAT. 5020 PUBLIC LAW 110–450—DEC. 1, 2008 

LEGISLATIVE HISTORY—H.R. 5714 (S. 2579): 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Oct. 3, considered and passed House. 

Nov. 17, considered and passed Senate. 

Æ 

(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. 


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