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 StarSpangled 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 
H. R. 2097—2 

(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 StarSpangled 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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.