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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2097 Enrolled Bill (ENR)]

        H.R.2097

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten

                                 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
            (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.
        (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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