II 110th CONGRESS 2d Session S. 3525 IN THE SENATE OF THE UNITED STATES September 18 (legislative day, September 17), 2008 Mr. Cardin (for himself and Ms. Mikulski) 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 commemoration of the bicentennial of the writing of the Star-Spangled Banner, and for other purposes.

1.

Short title

This Act may be cited as the Star-Spangled Banner Bicentennial Commemorative Coin Act.

2.

Findings

Congress makes the following findings: (1)During the War of 1812, on September 7, 1814, Francis Scott Key visited the British fleet in the Chesapeake Bay to secure the release of Dr. William Beanes, who had been captured after the burning of Washington, DC. (2)The release was completed, but Key was held by the British during the shelling of Fort McHenry, one of the forts defending Baltimore. (3)On the morning of September 14, 1814, Key peered through clearing smoke to see an enormous American flag flying proudly after a 25-hour British bombardment of Fort McHenry. (4)He was so delighted to see the flag still flying over the fort that he began a song to commemorate the occasion, with a note that it should be sung to the popular British melody To Anacreon in Heaven. (5)In 1916, President Woodrow Wilson ordered that it be played at military and naval occasions. (6)In 1931, the Star-Spangled Banner became our National Anthem.

3.

Coin specifications

(a)

$1 silver coins

The Secretary of the Treasury (hereafter in this Act referred to as the Secretary) shall mint and issue not more than 350,000 $1 coins in commemoration of the bicentennial of the writing of the Star-Spangled Banner, each of which shall— (1)weigh 26.73 grams; (2)have a diameter of 1.500 inches; and (3)contain 90 percent silver and 10 percent copper. (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.

4.

Design of coins

(a)

Design requirements

(1)

In general

The design of the coins minted under this Act shall be emblematic of the battle for Baltimore that formed the basis for the Star-Spangled Banner. (2)

Designation 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 2012; 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 be— (1)selected by the Secretary, after consultation with the Maryland War of 1812 Bicentennial Commission and the Commission of Fine Arts; and (2)reviewed by the Citizens Coinage Advisory Committee.

5.

Issuance of coins

(a)

Quality of coins

Coins minted under this Act shall be issued in uncirculated and proof qualities. (b)

Mint facility

Only one facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c)

Period for issuance

The Secretary may issue coins under this Act only during the calendar year beginning on January 1, 2012.

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 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.

7.

Surcharges

(a)

In general

All sales of coins issued under this Act shall include a surcharge of $10 per 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 paid to the Maryland War of 1812 Bicentennial Commission for the purpose of supporting bicentennial activities, educational outreach activities (including supporting scholarly research and the development of exhibits), and preservation and improvement activities pertaining to the sites and structures relating to the War of 1812. (c)

Audits

The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Maryland War of 1812 Bicentennial Commission as may be related to the expenditures of amounts paid 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.