[Congressional Record Volume 155, Number 126 (Wednesday, September 9, 2009)]
[House]
[Pages H9363-H9365]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              STAR-SPANGLED BANNER COMMEMORATIVE COIN ACT

  Mr. WATT. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 2097) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2097

       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 
     Commemorative Coin Act''.

     SEC. 2. FINDINGS.

       The Congress finds as follows:
       (1) During the Battle for Baltimore of the War of 1812, 
     Francis Scott Key visited the British fleet in the Chesapeake 
     Bay on September 7, 1814, to secure the release of Dr. 
     William Beanes, who had been captured after the British 
     burned Washington, DC.
       (2) The release of Dr. Beanes was secured, but Key and 
     Beanes were held by the British during the shelling of Fort 
     McHenry, one of the forts defending Baltimore.
       (3) On the morning of September 14, 1814, after the 25-hour 
     British bombardment of Fort McHenry, Key peered through the 
     clearing smoke to see a 42-foot by 30-foot American flag 
     flying proudly atop the Fort.
       (4) He was so inspired to see the enormous flag still 
     flying over the Fort that he began penning a song, which he 
     named The Defence of Fort McHenry, to commemorate the 
     occasion and he included a note that it should be sung to the 
     tune of the popular British melody To Anacreon in Heaven.
       (5) In 1916, President Woodrow Wilson ordered that the 
     anthem, which had been popularly renamed the Star-Spangled 
     Banner, be played at military and naval occasions.
       (6) On March 3, 1931, President Herbert Hoover signed a 
     resolution of Congress that officially designated the Star-
     Spangled Banner as the National Anthem of the United States.

     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 the following coins in commemoration of 
     the bicentennial of the writing of the Star-Spangled Banner:
       (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.
       (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 War of 1812 and particularly 
     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.

[[Page H9364]]

     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--
       (1) $35 per coin for the $5 coin; and
       (2) $10 per coin for the $1 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Watt) and the gentleman from New York (Mr. Lee) 
each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina.
  Mr. WATT. Mr. Speaker, I yield myself as much time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 2097, the Star-Spangled 
Banner Commemorative Coin Act, and applaud my colleague, Mr. 
Ruppersberger, for introducing the bill.
  The bill instructs the Secretary of the Treasury to mint and issue $5 
gold coins and $1 silver coins in commemoration of the bicentennial of 
the writing of the ``Star-Spangled Banner.'' The issuing of this coin 
will would begin during the calendar year. The ``Star-Spangled Banner'' 
is set to music to a poem entitled ``In Defense of Fort McHenry'' 
written in 1814 by Francis Scott Key, who wrote the poem after seeing 
the bombardment of Fort McHenry in Baltimore, Maryland, by the Royal 
British Navy during the War of 1812. The American victory and the sight 
of the large American flag that survived the 25-hour British 
bombardment inspired the poem and the anthem.
  In 1916, President Woodrow Wilson ordered that the anthem, which had 
been popularly renamed the ``Star-Spangled Banner,'' be played at 
military and naval occasions. On March 6, 1931, President Herbert 
Hoover signed a resolution of Congress that officially designated the 
``Star-Spangled Banner'' as the national anthem of the United States.
  Throughout the course of American history, the ``Star-Spangled 
Banner'' has played a significant role in the democracy and freedom of 
this country and symbolizes our enduring respect for those who have 
fought and died to preserve the future of this great nation.
  In the 110th Congress, similar legislation passed the House and had 
298 cosponsors. I again urge my colleagues to support this legislation.
  I reserve the balance of my time.
  Mr. LEE of New York. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 2097, the Star-Spangled 
Banner Commemorative Coin Act introduced by the gentleman from Maryland 
(Mr. Ruppersberger).
  This simple measure is designed to ensure that the United States 
properly pays tribute to an important moment in its history, namely, 
the writing of the ``Star-Spangled Banner.''
  The story of Francis Scott Key at Fort McHenry is familiar to 
Americans old and young alike, but it bears some retelling. It was on 
the night of September 13, 1814, that Mr. Key negotiated the release of 
Dr. William Beanes, taken captive by the British and held on board a 
vessel in Baltimore Harbor. Not long after securing the doctor's 
release, Key and his party were not allowed to leave because they had 
become familiar with the British strength and positioning, as well as 
their attack strategy.
  Over the next 25 hours they waited in the harbor as the British 
mercilessly bombarded Fort McHenry, all while remaining out of range of 
U.S. firepower.
  When the barrage ended, Key peered out through the clearing smoke at 
daybreak to see in the distance the flag of the United States, its 15 
stars and 15 stripes tattered but standing tall. Inspired, Key 
scribbled down a poem that he later set to a British melody. More than 
a century later, an act of Congress declared that tune was this 
Nation's anthem.
  Mr. Speaker, as our Nation prepares to mark the 8th anniversary of 
the September 11 terrorist attacks, we are reminded not only of the 
many challenges that this Nation has faced in its history, but the 
symbols and words that have brought us together to endure these trials.
  Five years from now the people of the State of Maryland will be 
joined by all Americans in celebrating the bicentennial of the writing 
of the ``Star-Spangled Banner.'' H.R. 2097, the Star-Spangled Banner 
Commemorative Coin Act, provides for the minting of coins in 
commemoration of this historic event and ensures that surcharges on the 
sales of these coins will be used to support activities related to the 
bicentennial, including education and outreach activities. All of these 
will be done at no cost to the taxpayers.
  I want to again commend my colleague from Maryland (Mr. 
Ruppersberger) for introducing this bipartisan measure. I urge its 
immediate passage.
  I reserve the balance of my time.
  Mr. WATT. I yield to Mr. Ruppersberger from Maryland as much time as 
he may consume.
  Mr. RUPPERSBERGER. Thank you.
  I rise today to ask my colleagues to support H.R. 2097, the Star-
Spangled Banner Commemorative Coin Act. This legislation will create a 
commemorative coin to honor America's national anthem. I would 
particularly like to thank Chairman Frank for his support.
  The United States Mint creates two commemorative silver coins each 
year. The topic is congressionally directed. All expenses of minting, 
design and production of the coin are included in the final selling 
price of the coin. This bill does not trigger any PAYGO rules and is 
revenue neutral.
  This happens to be the second time I've gathered more than 290 
cosponsors and have been on the floor to speak about this bill.
  The $1 silver coin will be minted in 2012 for the 200th anniversary 
of the War of 1812. Proceeds will help fund the War of 1812 
Bicentennial Commission, which will hold celebrations along the east 
coast kicking off in June of 2012 and running through September of 
2014. These celebrations include a naval review, reenactment, 
festivals, historical lectures, parades, the creation of a national 
curriculum for students and the opportunity to honor the brave men and 
women who withstood the British during the War of 1812.
  My hometown of Baltimore is proud to be the home of America's 
national anthem. During a nightlong attack on Baltimore by British 
forces, Francis Scott Key was held captive aboard a British ship in the 
Chesapeake Bay. The morning after the bombardment, he looked out his 
window and saw a

[[Page H9365]]

large American flag had survived the assault, still flying proudly over 
Fort McHenry. He knew the American forces had successfully defended the 
city of Baltimore at the fort. The next day, he was inspired to pen his 
famous poem in honor of that event.
  His brother-in-law, Judge Joseph H. Nicholson, set the poem to the 
tune of a popular British melody. A few days later, it was printed in 
Baltimore and quickly spread to newspapers from New Hampshire to 
Georgia. The song gained popularity and was often played at public 
events and Fourth of July celebrations. However, it would be many years 
before the ``Star-Spangled Banner'' became our official national 
anthem.
  In 1916, President Woodrow Wilson ordered that the song be played at 
military events and other official occasions. By the late 1920s, a 
consensus formed across the country that America needed an official 
anthem. John Philip Sousa, a famous U.S. composer, argued in favor of 
the ``Star-Spangled Banner'' and on March 3, 1931, President Hoover 
signed legislation adopting it as the national anthem for the United 
States of America. For more than 75 years, the ``Star-Spangled Banner'' 
has evoked pride and patriotism among Americans.
  I hope this collectable coin will inspire more Americans to learn the 
lyrics of the ``Star-Spangled Banner'' and the role Baltimore played in 
the history of our Nation during the War of 1812.
  All Americans are welcome to come to Baltimore to visit Fort McHenry. 
Right now, Americans can enjoy the rich history of this country. There 
are Civil War battlefields being preserved; a Star-Spangled Banner 
trail being created which runs through Maryland, the District of 
Columbia, and Virginia; and the War of 1812 Commissions being organized 
in States from New York to Georgia.
  Folks can visit the original Star-Spangled Banner flag here in 
Washington at the American Museum of National History.
  I ask that my colleagues vote for H.R. 2097 and join me in honoring 
Francis Scott Key, ``The Star-Spangled Banner,'' and the War of 1812--
an event that changed the history of our Nation.
  Mr. LEE of New York. Mr. Speaker, I have no further requests for 
time.
  I yield back.
  Mr. WATT. Mr. Speaker, I submit the following exchange of letters 
regarding H.R. 2097.
                                         House of Representatives,


                                  Committee on Ways and Means,

                                Washington, DC, September 8, 2009.
     Hon. Barney Frank,
     Chairman, Financial Services Committee,
     Washington, DC.
       Dear Chairman Frank: I am writing regarding H.R. 2097, the 
     ``Star Spangled Banner Commemorative Coin Act.''
       As you know, the Committee on Ways and Means maintains 
     jurisdiction over bills that raise revenue. H.R. 2097 
     contains a provision that establishes a surcharge for the 
     sale of commemorative coins that are minted under the bill, 
     and thus falls within the jurisdiction of the Committee on 
     Ways and Means.
       However, as part of our ongoing understanding regarding 
     commemorative coin bills and in order to expedite this bill 
     for Floor consideration, the Committee will forgo action. 
     This is being done with the understanding that it does not in 
     any way prejudice the Committee with respect to the 
     appointment of Conferees or its jurisdictional prerogatives 
     on this bill or similar legislation in the future.
       I would appreciate your response to this letter, confirming 
     this understanding with respect to H.R. 2097, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the Record.
           Sincerely,
                                                Charles B. Rangel,
     Chairman.
                                  ____

                                         House of Representatives,


                              Committee on Financial Services,

                                Washington, DC, September 8, 2009.
     Hon. Charles B. Rangel,
     Chairman, Committee on Ways and Means,
     House of Representatives, Washington, DC.
       Dear Charlie: I am writing in response to your letter 
     regarding H.R. 2097, the ``Star-Spangled Banner Commemorative 
     Coin Act,'' which was introduced in the House and referred to 
     the Committee on Financial Services on April 23, 2009. It is 
     my understanding that this bill will be scheduled for floor 
     consideration shortly.
       I wish to confirm our mutual understanding on this bill. As 
     you know, section 7 of the bill establishes a surcharge for 
     the sale of commemorative coins that are minted under the 
     bill. I acknowledge your committee's jurisdictional interest 
     in such surcharges as revenue matters. However, I appreciate 
     your willingness to forego committee action on H.R. 2097 in 
     order to allow the bill to come to the floor expeditiously. I 
     agree that your decision to forego further action on this 
     bill will not prejudice the Committee on Ways and Means with 
     respect to its jurisdictional prerogatives on this or similar 
     legislation. I would support your request for conferees on 
     those provisions within your jurisdiction should this bill be 
     the subject of a House-Senate conference.
       I will include this exchange of letters in the 
     Congressional Record when this bill is considered by the 
     House. Thank you again for your assistance.
                                                     Barney Frank,
                                                         Chairman.

  Mr. WATT. Mr. Speaker, I simply encourage my colleagues to support 
this historic bill and thank Mr. Ruppersberger for its introduction.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina (Mr. Watt) that the House suspend the 
rules and pass the bill, H.R. 2097.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. WATT. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________