Appropriate use of the Presidential Seal


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18 USC Sec. 713 , governing the use of the presidential seal, and others, and Executive Order 11649, governing use of the presidential and vice presidential seals, below the fold.


-CITE-

18 USC Sec. 713 01/03/05

-EXPCITE-

TITLE 18 – CRIMES AND CRIMINAL PROCEDURE

PART I – CRIMES

CHAPTER 33 – EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 713. Use of likenesses of the great seal of the United States,

the seals of the President and Vice President, the seal of the

United States Senate, the seal of the United States House of

Representatives, and the seal of the United States Congress

-STATUTE-

(a) Whoever knowingly displays any printed or other likeness of

the great seal of the United States, or of the seals of the

President or the Vice President of the United States, or the seal

of the United States Senate, or the seal of the United States House

of Representatives, or the seal of the United States Congress, or

any facsimile thereof, in, or in connection with, any

advertisement, poster, circular, book, pamphlet, or other

publication, public meeting, play, motion picture, telecast, or

other production, or on any building, monument, or stationery, for

the purpose of conveying, or in a manner reasonably calculated to

convey, a false impression of sponsorship or approval by the

Government of the United States or by any department, agency, or

instrumentality thereof, shall be fined under this title or

imprisoned not more than six months, or both.

(b) Whoever, except as authorized under regulations promulgated

by the President and published in the Federal Register, knowingly

manufactures, reproduces, sells, or purchases for resale, either

separately or appended to any article manufactured or sold, any

likeness of the seals of the President or Vice President, or any

substantial part thereof, except for manufacture or sale of the

article for the official use of the Government of the United

States, shall be fined under this title or imprisoned not more than

six months, or both.

(c) Whoever, except as directed by the United States Senate, or

the Secretary of the Senate on its behalf, knowingly uses,

manufactures, reproduces, sells or purchases for resale, either

separately or appended to any article manufactured or sold, any

likeness of the seal of the United States Senate, or any

substantial part thereof, except for manufacture or sale of the

article for the official use of the Government of the United

States, shall be fined under this title or imprisoned not more than

six months, or both.

(d) Whoever, except as directed by the United States House of

Representatives, or the Clerk of the House of Representatives on

its behalf, knowingly uses, manufactures, reproduces, sells or

purchases for resale, either separately or appended to any article

manufactured or sold, any likeness of the seal of the United States

House of Representatives, or any substantial part thereof, except

for manufacture or sale of the article for the official use of the

Government of the United States, shall be fined under this title or

imprisoned not more than six months, or both.

(e) Whoever, except as directed by the United States Congress, or

the Secretary of the Senate and the Clerk of the House of

Representatives, acting jointly on its behalf, knowingly uses,

manufactures, reproduces, sells or purchases for resale, either

separately or appended to any article manufactured or sold, any

likeness of the seal of the United States Congress, or any

substantial part thereof, except for manufacture or sale of the

article for the official use of the Government of the United

States, shall be fined under this title or imprisoned not more than

six months, or both.

(f) A violation of the provisions of this section may be enjoined

at the suit of the Attorney General,

(1) in the case of the great seal of the United States and the

seals of the President and Vice President, upon complaint by any

authorized representative of any department or agency of the

United States;

(2) in the case of the seal of the United States Senate, upon

complaint by the Secretary of the Senate;

(3) in the case of the seal of the United States House of

Representatives, upon complaint by the Clerk of the House of

Representatives; and

(4) in the case of the seal of the United States Congress, upon

complaint by the Secretary of the Senate and the Clerk of the

House of Representatives, acting jointly.

-SOURCE-

(Added Pub. L. 89-807, Sec. 1(a), Nov. 11, 1966, 80 Stat. 1525;

amended Pub. L. 91-651, Sec. 1, Jan. 5, 1971, 84 Stat. 1940; Pub.

L. 102-229, title II, Sec. 210(a)-(d), Dec. 12, 1991, 105 Stat.

1717; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(E), Sept. 13,

1994, 108 Stat. 2146; Pub. L. 105-55, title III, Sec. 308(a)-(d),

Oct. 7, 1997, 111 Stat. 1198.)

-MISC1-

AMENDMENTS

1997 – Pub. L. 105-55, Sec. 308(d), substituted “the seal of the

United States Senate, the seal of the United States House of

Representatives, and the seal of the United States Congress” for

“and the seal of the United States Senate” in section catchline.

Subsec. (a). Pub. L. 105-55, Sec. 308(a), inserted “or the seal

of the United States House of Representatives, or the seal of the

United States Congress,” after “Senate,”.

Subsecs. (d), (e). Pub. L. 105-55, Sec. 308(b), added subsecs.

(d) and (e). Former subsec. (d) redesignated (f).

Subsec. (f). Pub. L. 105-55, Sec. 308(b)(1), redesignated subsec.

(d) as (f).

Subsec. (f)(3), (4). Pub. L. 105-55, Sec. 308(c), added pars. (3)

and (4).

1994 – Subsecs. (a) to (c). Pub. L. 103-322 substituted “fined

under this title” for “fined not more than $250”.

1991 – Pub. L. 102-229, Sec. 210(a), substituted “the seals of

the President and Vice President, and the seal of the United States

Senate” for “and of the seals of the President and Vice President

in section catchline.

Subsec. (a). Pub. L. 102-229, Sec. 210(b), inserted “or the seal

of the United States Senate,” after “Vice President of the United

States,”.

Subsecs. (c), (d). Pub. L. 102-229, Sec. 210(c), (d), added

subsec. (c), amended former subsec. (c) generally, and redesignated

former subsec. (c) as (d). Prior to amendment and redesignation,

former subsec. (c) read as follows: “A violation of subsection (a)

or (b) of this section may be enjoined at the suit of the Attorney

General upon complaint by any authorized representative of any

department or agency of the United States.”

1971 – Pub. L. 91-651 substituted “Use of likenesses of the great

seal of the United States, and of the seals of the President and

Vice President” for “Use of the great seal of the United States” in

section catchline.

Subsec. (a). Pub. L. 91-651 redesignated existing provisions as

subsec. (a), expanded prohibition to include likenesses of the

seals of the President and Vice President, and added to the

enumerated list of prohibited uses for likenesses of the great seal

of the United States and for the seals of the President and Vice

President, use in posters, public meetings, or on any building,

monument, or stationery.

Subsecs. (b), (c). Pub. L. 91-651 added subsecs. (b) and (c).

EFFECTIVE DATE OF 1971 AMENDMENT

Section 3 of Pub. L. 91-651 provided that: The amendments made by

this Act [amending this section] shall not make unlawful any

preexisting use of the design of the great seal of the United

States or of the seals of the President or Vice President of the

United States that was lawful on the date of enactment of this Act

[Jan. 5, 1971], until one year after the date of such enactment.”

-EXEC-

EX. ORD. NO. 11649. REGULATIONS GOVERNING SEALS OF PRESIDENT AND

VICE PRESIDENT OF UNITED STATES

Ex. Ord. No. 11649, Feb. 16, 1972, 37 F.R. 3625, as amended by Ex. Ord. No. 11916, May 28, 1976, 41 F.R. 22031, provided: By virtue to the authority vested in me by section 713(b) of title 18, United States Code, I hereby prescribe the following regulations governing the use of the Seals of the President and the Vice President of the United States: Section 1. Except as otherwise provided by law, the knowing manufacture, reproduction, sale, or purchase for resale of the Seals or Coats of Arms of the President or the Vice President of the United States, or any likeness or substantial part thereof, shall be permitted only for the following uses: (a) Use by the President or Vice President of the United States; (b) Use in encyclopedias, dictionaries, books, journals, pamphlets, periodicals, or magazines incident to a description or history of seals, coats of arms, heraldry, or the Presidency or Vice Presidency; (c) Use in libraries, museums, or educational facilities incident to descriptions or exhibits relating to seals, coats of arms, heraldry, or the Presidency or Vice Presidency; (d) Use as an architectural embellishment in libraries, museums, or archives established to house the papers or effects of former Presidents or Vice Presidents; (e) Use on a monument to a former President or Vice President; (f) Use by way of photographic or electronic visual reproduction in pictures, moving pictures, or telecasts of bona fide news content; (g) Such other uses for exceptional historical, educational, or newsworthy purposes as may be authorized in writing by the Counsel to the President. Sec. 2. The manufacture, reproduction, sale, or purchase for resale, either separately or appended to any article manufactured or sold, of the Seals of the President or Vice President, or any likeness or substantial part thereof, except as provided in this Order or as otherwise provided by law, is prohibited.

                                                          Richard Nixon.

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