[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

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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122 STAT. 5018

(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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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

(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.