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 Commemo-
rative 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 Wash-
ington, 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 Commis-
sion 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 commemora-
tive 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.