I

106TH CONGRESS

1ST SESSION H. R. 1081

To provide for protection of the flag of the United States.

IN THE HOUSE OF REPRESENTATIVES

MARCH 11, 1999

Mr. BOUCHER (for himself, Mr. GILCHREST, Mr. PETRI, Mr. JEFFERSON, Mr.

TANNER, Mr. PRICE of North Carolina, and Mr. FROST) introduced the

following bill; which was referred to the Committee on the Judiciary

A BILL

To provide for protection of the flag of the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Flag Protection Act

5 of 1999’’.

6 SEC. 2. PROTECTION OF THE FLAG OF THE UNITED

7 STATES.

8 (a) IN GENERAL.—Section 700 of title 18, United

9 States Code, is amended to read as follows:
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1 ‘‘§ 700. Protection of the flag of the United States

2 ‘‘(a) ACTIONS PROMOTING VIOLENCE.—Any person

3 who destroys or damages a flag of the United States with

4 intent to provoke imminent violence or a breach of the

5 peace, and in circumstances reasonably likely to produce

6 imminent violence or a breach of the peace, shall be fined

7 under this title or imprisoned not more than one year, or

8 both.

9 ‘‘(b) DAMAGING A FLAG BELONGING TO THE

10 UNITED STATES.—Any person who steals or knowingly

11 converts to his or her use, or to the use of another, a flag

12 of the United States belonging to the United States and

13 intentionally destroys or damages that flag shall be fined

14 under this title or imprisoned not more than two years,

15 or both.

16 ‘‘(c) DAMAGING A FLAG OF ANOTHER ON FEDERAL

17 LAND.—Any person who, within any lands reserved for

18 the use of the United States, or under the exclusive or

19 concurrent jurisdiction thereof, steals or knowingly con20 verts to his or her use, or to the use of another, a flag

21 of the United States belonging to another person and in22 tentionally destroys or damages that flag shall be fined

23 under this title or imprisoned not more than two years,

24 or both.

25 ‘‘(d) CONSTRUCTION.—Nothing in this section shall

26 be construed as indicating an intent on the part of Con-
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1 gress to deprive any State, territory, possession, or the

2 Commonwealth of Puerto Rico of jurisdiction over any of3 fense over which it would have jurisdiction in the absence

4 of this section.

5 ‘‘(e) DEFINITION.—As used in this section, the term

6 ‘flag of the United States’ means any flag of the United

7 States, or any part thereof, made of any substance, of any

8 size, in a form that is commonly displayed as a flag and

9 would taken to be a flag by the reasonable observer.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections

11 for chapter 33 of title 18, United States Code, is amended

12 by striking out the item relating to section 700 and insert13 ing in lieu thereof the following new item:

‘‘700. Protection of the flag of the United States.’’.

14 SEC. 3. SENSE OF CONGRESS.

15 It is the sense of the Congress that the States should

16 enact prohibitions similar to the provisions of this Act in

17 an order to provide the maximum protection to the flag

18 of the United States.

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