[Congressional Record Volume 154, Number 149 (Thursday, September 18, 2008)]
[Senate]
[Pages S9036-S9037]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDlN (for himself and Ms. Mikulski):
  S. 3525. 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; to the Committee on 
Banking, Housing, and Urban Affairs.
  Mr. CARDIN. Mr. President, I rise today to introduce the Star-
Spangled Banner Bicentennial Commemorative Coin Act. I am pleased that 
my colleague, the senior Senator from Maryland, is a cosponsor. This 
legislation will honor our National Anthem and the Battle for 
Baltimore, which was a key turning point of the War of 1812, by 
creating a commemorative U.S. Mint coin.
  The War of 1812 confirmed American independence from Great Britain in 
the eyes of the world. Before the war, the British has been routinely 
imposing on American sovereignty. They had impressed American merchant 
seamen into the British Royal Navy, enforced illegal and unfair trade 
rules with the United States, and allegedly offered assistance to 
American Indian tribes which were attaching frontier settlements. In 
response,, the United States declared war on Great Britain on June 18, 
1812, to protest these violations of ``free trade and sailors rights,'' 
as well as the violations on land.
  After 2\1/2\ years of conflict, the British Royal Navy sailed up the 
Chesapeake Bay with combined military and naval forces, and in August 
1814 attacked Washington, DC, burning to the ground the U.S. Capitol, 
the White House, and much of the rest of the capital city. However, the 
American defenders stopped the British as they attempted to capture 
Baltimore and New Orleans.
  As the British Royal Navy sailed up the Patapsco River on its way to 
Baltimore, American forces held the British fleet at Fort McHenry, 
located just outside of the city. After 25 hours of bombardment, the 
British failed to take the Fort and were forced to depart. American 
lawyer Francis Scott Key, who was being held on board an American flag-
of-truce vessel, beheld by the dawn's early light an American flag 
still flying atop Fort McHenry. He immortalized the event in a song 
which later became known as ``The Star-Spangled Banner.''
  The flag to which Key referred was a 30' x 42' foot flag made 
specifically for Fort McHenry. The commanding officer desired a flag so 
large that the

[[Page S9037]]

British would have no trouble seeing it from a distance. This proved to 
be the case as Key visited the British fleet on September 7, 1814, to 
secure the release of Dr. William Beanes, Dr. Beanes was released, but 
Key and Beanes were detained on an American Flag-of-truce vessel until 
the end of the bombardment. It was on September 14, 1814, by the dawn's 
early light, that Key saw the great banner that inspired him to write 
the song that ultimately became our National Anthem.
  The Star-Spangled Banner Bicentennial Commemorative Coin will honor 
this symbol of our Nation and our National Anthem. The coin will be 
minted in 2012 in coordination with the 200th Anniversary of the War of 
1812. I hope my colleagues will join me in supporting this measure in 
this fitting tribute to a seminal event in American history.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3525

       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 ``Star-Spangled Banner 
     Bicentennial Commemorative Coin Act''.

     SEC. 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.

     SEC. 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.

     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 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.

     SEC. 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.

     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 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 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.
                                 ______