,,ii  #aaith ,,congress  #ast ,session  
,s4 #bjgi  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #ab1     
#bjbe,mr4 ,hawley 7for himself1 ,mr4    
,lee1 and ,mr4 ,marshall7 introduced the
 following bill2 which was read twice   
and referred to the ,committee on the   
,judiciary  ,a ,,bill  ,to enhance      
penalties for the use of incendiary     
devices1 including burning the flag of  
the ,united ,states1 in the commission  
of ,federal offenses1 and for other     
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,enhanced ,penalties
 for ,criminal ,flag ,burners ,act4  #b4
 ,findings and purpose  7a7 ,findings   
,congress finds the following3 7#a7 ,the
 unauthorized use of incendiary devices 
and open flames during commission of    
,federal offenses poses a significant   
threat to public safety and ,federal    
property4  7#b7 ,the desecration or     
destruction of ,united ,states symbols1 
including flags1 in connection with     
,federal crimes or attempts to          

intimidate public actors amplifies the  
danger of the underlying crime to the   
public and to property4  7#c7 ,the      
burning of the flag of the ,united      
,states in furtherance of committing a  
,federal crime reflects an intent to    
provoke civic unrest1 intimidate        
officials1 or signal violent disruption 
and is an aggravating factor in the     
commission of a criminal act4  7b7      
,purpose ,the purpose of this ,act is to
 enhance penalties for the use of       
incendiary devices1 including burning   
the flag of the ,united ,states1 in the 
commission of ,federal offenses4  #c4   
,enhanced penalties for use of open     
flames or incendiary devices during     
commission of ,federal offenses  7a7 ,in
 general ,chapter #a of title #ah1      
,united ,states ,code1 is amended by    
adding at the end the following3  #bh4  
,use of open flame or incendiary device 
during commission of ,federal offense   
involving property damage or public     
endangerment  7a7 ,definition ,for      

purposes of this section1 the term      
incendiary device includes any flammable
 object1 accelerant1 fire-starting      
mechanism1 or other apparatus intended  
to ignite fire1 whether improvised or   
commercially manufactured4  7b7         
,enhanced penalty ,whoever1 in the      
course of committing a ,federal offense 
involving property damage1 obstruction  
of government operations1 or public     
endangerment1 knowingly uses or causes  
the use of an open flame or incendiary  
device1 including burning the flag of   
the ,united ,states1 shall be subject to
 an enhanced term of imprisonment of not
 less than #a year1 in addition to any  
other penalty authorized by law4  7c7   
,rule of construction ,this section     
shall not apply to conduct protected    
under the ,first ,amendment to the      
,constitution of the ,united ,states1   
including expressive symbolic conduct   
not involving criminal acts or threats  
to public safety4  4  7b7 ,clerical     
amendment ,the table of sections for    

chapter #a of title #ah1 ,united ,states
 ,code1 is amended by adding at the end 
the following3  #bh4 ,use of open flame 
or incendiary device during commission  
of ,federal offense involving property  
damage or public endangerment4  4