[Congressional Record (Bound Edition), Volume 154 (2008), Part 6]
[House]
[Pages 8873-8875]
[From the U.S. Government Publishing Office, www.gpo.gov]




 STAR-SPANGLED BANNER AND WAR OF 1812 BICENTENNIAL COMMEMORATIVE COIN 
                                  ACT

  Mr. GUTIERREZ. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2894) to require the Secretary of the Treasury to mint coins 
in commemoration of the bicentennial of the writing of the ``Star 
Spangled Banner'' and the War of 1812, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2894

       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 and War 
     of 1812 Bicentennial Commemorative Coin Act''.

     SEC. 2. FINDINGS.

       The Congress finds as follows:
       (1) During the War of 1812, on September 13, 1814, Francis 
     Scott Key visited the British fleet in 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 overnight during the shelling of Fort McHenry, one of 
     the forts defending Baltimore.
       (3) In the morning, 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 poem 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 and the War of 1812, 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 War of 1812 and particularly 
     the Battle for Fort McHenry 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 
     Star-Spangled Banner and 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

[[Page 8874]]

     paid to the Maryland War of 1812 Bicentennial Commission for 
     the purpose of supporting bicentennial activities in 
     collaboration with and aiding the Star-Spangled Banner and 
     War of 1812 Bicentennial Commission as it provides 
     coordination, advice, and assistance to Federal agencies, 
     States, localities, and other organizations for such 
     bicentennial activities, educational outreach activities 
     (including supporting scholarly research and the development 
     of exhibits), and preservation and improvement activities 
     relating 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 
Illinois (Mr. Gutierrez) and the gentlewoman from Illinois (Mrs. 
Biggert) each will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.

                             General Leave

  Mr. GUTIERREZ. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on this legislation and to insert extraneous material thereon.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. GUTIERREZ. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in strong support of H.R. 2894, the Star-
Spangled Banner and War of 1812 Bicentennial Commemorative Coin Act, 
and applaud my colleague, Mr. Ruppersberger, for bringing this bill to 
the floor.
  The Star-Spangled Banner and War of 1812 Bicentennial Commemorative 
Coin Act instructs the Secretary of the Treasury to mint and issue $1 
silver coins in commemoration of the bicentennial of the writing of 
``The Star-Spangled Banner'' and the War of 1812. The issuing of this 
coin will begin during the 2012 calendar year.
  ``The Star-Spangled Banner'' was taken from the poem titled ``In 
Defense of Fort McHenry'' written in 1814 by Francis Scott Key, a 35-
year-old amateur poet and distant cousin of F. Scott Fitzgerald. Key 
wrote the poem after seeing the bombardment of Fort McHenry at 
Baltimore, Maryland by the Royal ships in the Chesapeake Bay during the 
War of 1812.
  The American victory and the sight of the large American flag 
graciously above the fort came to be known as the Star-Spangled Banner 
Flag. The Star-Spangled Banner, throughout the course of American 
history, has played a significant role in the democracy and freedom of 
this country. It symbolizes our strength and respect for those who have 
fallen to preserve the future of our nation. That is why, Mr. Speaker, 
commemorating the bicentennial of the Star-Spangled Banner and the War 
of 1812 is important. I urge all Members to support its passage.

                                         House of Representatives,


                                  Committee on Ways and Means,

                                    Washington, DC, April 4, 2008.
     Hon. Barney Frank,
     Chairman, Financial Services Committee, Washington, DC.
       Dear Chairman Frank: I am writing regarding H.R. 2894, the 
     Star-Spangled Banner and War of 1812 Bicentennial 
     Commemorative Coin Act.
       As you know, the Committee on Ways and Means maintains 
     jurisdiction over bills that raise revenue. H.R. 2894 
     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. 2894, 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, April 4, 2008.
     Hon. Charles B. Rangel,
     Chairman, Committee on Ways and Means, House of 
         Representatives, Washington, DC.
       Dear Chairman Rangel: I am writing in response to your 
     letter regarding H.R. 2894, the ``Star-Spangled Banner and 
     War of 1812 Bicentennial Commemorative Coin Act,'' which was 
     introduced in the House and referred to the Committee on 
     Financial Services on June 28, 2007. 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. 2894 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. Speaker, I reserve the balance of my time.
  Mrs. BIGGERT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today I rise in support of H.R. 2894, the Star-Spangled 
Banner and War of 1812 Bicentennial Commemorative Coin Act. It is a 
great honor to be speaking on this bill brought to the floor by the 
efforts of my friend and colleague from Maryland, Congressman 
Ruppersberger. I commend the gentleman for his work on this act.
  Mr. Speaker, over 200 years ago, a fateful night gave birth to what 
is now our national anthem, ``The Star-Spangled Banner.'' As it is 
widely known today, Francis Scott Key penned the piece during the War 
of 1812 after he witnessed the American flag flying resiliently over 
Fort McHenry after it sustained 25 hours of British bombardment.
  However, Mr. Speaker, what is often overlooked is the original title 
of the poem that Key wrote. The piece was entitled, ``In Defense of 
Fort McHenry.'' I bring this up because I believe it reveals a larger 
lesson about our Nation. We are, above all things, Americans, bound to 
serve and protect one another. What affects one citizen, community, or 
State affects the entire Nation.
  When Fort McHenry came under attack, the brave patriots there fought 
for its survival, knowing that a nation depends on their efforts. 
Significantly, the failure of the British navy to take Fort McHenry 
proved to be the end of the British naval portion of the war. The 
attack launched from the great navy base on Bermuda had failed, and at 
nearly the same time a British land attack towards Baltimore faltered 
as well.
  I cannot imagine a more inspiring sight than what Mr. Key saw that 
morning as the smoke from the British rockets cleared. After witnessing 
the fearsome and seemingly endless barrage, he must have imagined the 
worse. Yet, when he set his eyes upon the land, he saw the American 
flag, symbolizing the resolve of a nation and preserving the freedoms 
and ideals in the face of any threat.
  Mr. Speaker, this Nation has endured many trials during its history. 
From its nascent moments of independence, through the sacking of the 
Capitol and the White House during the War of 1812, to Pearl Harbor and 
the attacks of 9/11, the United States has not only

[[Page 8875]]

survived these tests, but has emerged a stronger union because of such 
adversity.
  No matter how overwhelming the odds, men and women have put country 
above all and weathered each storm. And what has always been true is 
what was true that fateful morning when Francis Scott Key peered 
through the clearing smoke: This Nation's flag stands proud, a symbol 
of strength and spirit.
  As far as the coin is concerned, surcharges on the sale of the $1 
coins will be used to support bicentennial activities, including 
education and outreach activities, and preservation and improvements to 
the sites and structures relating to the War of 1812.
  This event was a proud moment in the Nation's history, Mr. Speaker, 
and H.R. 2894 recognizes that fact. I urge immediate passage of the 
bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GUTIERREZ. Mr. Speaker, I yield the gentleman from Maryland as 
much time as he may consume.
  Mr. RUPPERSBERGER. I want to thank Congressman Gutierrez and also the 
gentlewoman from Illinois, Congressman Biggert, for your support of 
this bill. I would also like to thank Chairman Frank for his support, 
and Congressman Snyder of Arkansas for his tremendous help in gathering 
support of other Members for this bill.
  Mr. Speaker, I rise today to ask my colleagues to support this 
legislation to create the Star-Spangled Banner commemorative coin.
  From VFW and American Legion halls across the country, to Little 
League baseball games, to presidential inaugurations, we play the 
national anthem to bring Americans together and honor our Nation.
  My hometown of Baltimore is proud to be the home of America's 
national anthem. In September 1814, Francis Scott Key was held captive 
aboard a British ship in the Chesapeake Bay during the attack on 
Baltimore by British forces. The morning after the bombardment by the 
British navy, he looked out his window and saw a large American flag 
flying proudly over Fort McHenry. He knew the American forces had 
successfully defended the city of Baltimore. The next day he penned his 
famous poem in honor of that flag.
  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 4th of July celebrations. However, it was many years before 
``The Star-Spangled Banner'' became our 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 a national 
anthem. John Philip Sousa argued in favor of ``The Star-Spangled 
Banner,'' and in 1931, President Hoover signed legislation adopting it 
as the national anthem.
  Even though it has been our anthem for more than 75 years, many 
Americans still don't know the lyrics to this wonderful song of our 
national anthem. A 2005 survey revealed that only 39 percent of 
Americans knew all of the words to our national anthem.
  The National Anthem Project has worked to educate Americans about our 
national anthem. Last year, they brought more than 5,000 school 
children to Washington to sing the anthem at the Washington Monument 
with the United States Marine Band.
  This legislation will create a commemorative coin to honor America's 
national anthem. This $1 silver coin will be minted for the 200th 
anniversary of the War of 1812 and will help fund the War of 1812 
Bicentennial Commission. It is my hope that this collectible coin will 
inspire more Americans to learn the lyrics of ``The Star-Spangled 
Banner'' and learn more about the War of 1812 and the history of our 
national anthem, as well as the role Baltimore played in the history of 
our national anthem.
  The U.S. Mint only creates two commemorative silver coins each year. 
And I hope that my colleagues will join me in honoring Francis Scott 
Key and ``The Star-Spangled Banner'' with a vote for this bill today.
  Mrs. McCARTHY of New York. Mr. Speaker, I rise to speak in support of 
H.R. 2894, the Star Spangled Banner and War of 1812 Bicentennial 
Commemorative Coin Act.
  Let me start off by thanking the gentleman from Maryland, Mr. 
Rupersberger for introducing this bill.
  As school children we all learn about the War of 1812 as a turning 
point in our Nation's history that confirmed that the United States 
would remain a free and sovereign nation.
  We also learn in school that, while being held by the British during 
the attack on Fort McHenry, just a few short miles from this building, 
Francis Scott Key was inspired after getting a glimpse at that 
tattered, but triumphant flag of our young Nation to compose a poem, 
which later became known as ``The Star Spangled Banner,'' our national 
anthem.
  The symbol of the flag served as an inspiration to Francis Scott Key 
that night and has continued to inspire all Americans ever since.
  Our flag was still there and is there still.
  It is important that this Congress take this opportunity to recognize 
the historic significance of our national anthem and the battle from 
which it was born.
  The Star Spangled Banner has inspired millions of patriotic Americans 
to take up the causes of our Nation in times of war and peace.
  I know that many of my colleagues share the same sentiment with me 
when I say that every time I hear the opening notes of the Star 
Spangled Banner, I am personally nearly moved to tears.
  That is why it is so important for us to commemorate the War of 1812 
and the Star Spangled Banner by issuing a coin that will stand the test 
of time, much the same as the national anthem has.
  I am in full support of this bill and ask that every Member of this 
Congress support it as well.
  We can never be too patriotic.
  We can never love our country too much.
  And we can never do enough to commemorate the sacrifice that so many 
have given to protect our freedom.
  This coin is one small gesture that we can offer to show our 
commitment to the values that are spoken about in our Nation's anthem: 
strength, honor, justice, patriotism, and courage.
  Again, I encourage all my colleagues to support this resolution.
  Mrs. BIGGERT. Mr. Speaker, I yield back the balance of my time.
  Mr. GUTIERREZ. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Gutierrez) that the House suspend the 
rules and pass the bill, H.R. 2894, as amended.
  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. SIMPSON. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  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.
  The point of no quorum is considered withdrawn.

                          ____________________