[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3883 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3883

To grant the United States a copyright to the flag of the United States 
 and to impose criminal penalties for the destruction of a copyrighted 
                                 flag.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 1996

Mr. Torricelli introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To grant the United States a copyright to the flag of the United States 
 and to impose criminal penalties for the destruction of a copyrighted 
                                 flag.

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

SECTION 1. UNITED STATES GRANTED COPYRIGHT TO THE FLAG OF THE UNITED 
              STATES.

    The United States is hereby granted a copyright to the Flag of the 
United States.

SEC. 2. LICENSE TO MANUFACTURE, SELL, OR DISTRIBUTE THE FLAG OF THE 
              UNITED STATES.

    The United States hereby grants a license to any person to 
manufacture in the United States the Flag of the United States, and to 
sell and distribute such Flag.

SEC. 3. REQUIREMENTS OF THE DISPLAY OF THE FLAG OF THE UNITED STATES.

    Any Flag of the United States may only be displayed in accordance 
with chapter 1 of title 4, United States Code, (relating to the Flag of 
the United States) and the joint resolution entitled ``Joint Resolution 
to codify and emphasize existing rules and customs pertaining to the 
display and use of the flag of the United States of America'', approved 
June 22, 1942 (36 U.S.C. 171-178).

SEC. 4. CRIMINAL PENALTIES FOR BURNING OR MUTILATING THE FLAG OF THE 
              UNITED STATES.

    (a) In General.--Whoever burns or otherwise mutilates a Flag of the 
United States shall be punished as follows:
            (1) If the damage to such Flag exceeds $100, by a fine of 
        not more than $10,000 or imprisonment for not more than 10 
        years, or both.
            (2) If the damage to such Flag does not exceed $100, by a 
        fine of not more than $1,000 or imprisonment for not more than 
        one year, or both.
    (b) Exception.--Subsection (a) shall not apply with respect to 
whoever destroys a Flag of the United States in accordance with section 
4 of the joint resolution referred to in section 3.

SEC. 5. DEFINITIONS.

    As used in this Act--
            (1) the term ``Flag of the United States'' means a 
        rectangular design which consists of 13 horizontal stripes, 
        alternate red and white, with a union of 50 white stars in a 
        blue field, and which the average person, upon seeing such 
        design, may believe without deliberation to represent the flag 
        of the United States of America; and
            (2) the term ``United States'', when used in the 
        geographical sense, means the 50 States, the District of 
        Columbia, the Commonwealth of Puerto Rico, any possession of 
        the United States, the Commonwealth of the Northern Mariana 
        Islands, and the Trust Territory of the Pacific Islands.
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