[111th Congress Public Law 232]
[From the U.S. Government Printing Office]

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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. <<NOTE: Aug. 16, 2010 -  [H.R. 2097]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Star-Spangled 
Banner Commemorative Coin Act. 31 USC 5112 note.>> 

    This Act may be cited as the ``Star-Spangled Banner Commemorative 
Coin Act''.

    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.

    (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 
                    (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 
                    (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.

    (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 
            (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 
            (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.

    (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 
    (c) Period for Issuance.--The Secretary may issue coins under this 
Act only during the calendar year beginning on January 1, 2012.

    (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 

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            (2) Discount.--Sale prices with respect to prepaid orders 
        under paragraph (1) shall be at a reasonable discount.

    (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 

    Approved August 16, 2010.


                                                        Vol. 155 (2009):
                                    Sept. 9, considered and passed 
                                                        Vol. 156 (2010):
                                    Aug. 2, considered and passed