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[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.
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