    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-232
    111th Congress

    An Act

    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. <>

    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

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    (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.
    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.

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    (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.

    Approved August 16, 2010.

    LEGISLATIVE HISTORY--H.R. 2097:
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    CONGRESSIONAL RECORD:
    Vol. 155 (2009):
    Sept. 9, considered and passed
    House.
    Vol. 156 (2010):
    Aug. 2, considered and passed
    Senate.