-CITE-
4 USC CHAPTER 1 - THE FLAG
02/01/2010
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TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 - THE FLAG
-HEAD-
CHAPTER 1 - THE FLAG
-MISC1-
Sec.
1.
Flag; stripes and stars on.
2.
Same; additional stars.
3. Use
of flag for advertising purposes; mutilation of
flag.
4.
Pledge of allegiance to the flag; manner of delivery.
5.
Display and use of flag by civilians; codification of
rules and customs; definition.
6. Time
and occasions for display.
7.
Position and manner of display.
8.
Respect for flag.
9.
Conduct during hoisting, lowering or passing of flag.
10.
Modification of rules and customs by President.
AMENDMENTS
1998 - Pub. L. 105-225, Sec. 2(b), Aug. 12, 1998,
112 Stat. 1498,
added items 4 to 10.
-End-
-CITE-
4 USC Sec. 1
02/01/2010
-EXPCITE-
TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 - THE FLAG
-HEAD-
Sec. 1. Flag; stripes and stars on
-STATUTE-
The flag of the United States shall be thirteen
horizontal
stripes, alternate red and white; and the union of the flag
shall
be forty-eight stars, white in a blue field.
-SOURCE-
(July 30, 1947, ch. 389, 61 Stat. 642.)
-MISC1-
SHORT TITLE OF 2009 AMENDMENT
Pub. L. 111-41, Sec. 1, July 27, 2009, 123 Stat.
1962, provided
that: "This Act [amending section 6 of this title] may be
cited as
the 'Korean War Veterans Recognition Act'."
SHORT TITLE OF 2007 AMENDMENT
Pub. L. 110-41, Sec. 1, June 29, 2007, 121 Stat.
233, provided
that: "This Act [amending section 7 of this title and
provisions
set out as a note under section 7 of this title] may be cited
as
the 'Army Specialist Joseph P. Micks Federal Flag Code
Amendment
Act of 2007'."
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-252, Sec. 1, July 28, 2000, 114 Stat.
626, provided
that: "This Act [enacting sections 116 to 126 of this title
and
provisions set out as a note under section 116 of this title]
may
be cited as the 'Mobile Telecommunications Sourcing Act'."
-EXEC-
EXECUTIVE ORDER NO. 10798
Ex. Ord. No. 10798, Jan. 3, 1959, 24 F.R. 79,
which prescribed
proportions and sizes of flags until July 4, 1960, was
revoked by
section 33 of Ex. Ord. No. 10834, set out as a note under
this
section.
EX. ORD. NO. 10834. PROPORTIONS AND SIZES OF FLAGS AND
POSITION OF
STARS
Ex. Ord. No. 10834, Aug. 21, 1959, 24 F.R. 6865,
provided:
WHEREAS the State of Hawaii has this day been
admitted into the
Union; and
WHEREAS section 2 of title 4 of the United States
Code provides
as follows: "On the admission of a new State into the Union
one
star shall be added to the union of the flag; and such
addition
shall take effect on the fourth day of July then next
succeeding
such admission."; and
WHEREAS the Federal Property and Administrative
Services Act of
1949 (63 Stat. 377), as amended [now chapters 1 to 11 of
Title 40,
Public Buildings, Property, and Works and title III of the
Act of
June 30, 1949 (41 U.S.C. 251 et seq.)] authorizes the
President to
prescribe policies and directives governing the procurement
and
utilization of property by executive agencies; and
WHEREAS the interests of the Government require
that orderly and
reasonable provision be made for various matters pertaining
to the
flag and that appropriate regulations governing the
procurement and
utilization of national flags and union jacks by executive
agencies
be prescribed:
NOW, THEREFORE, by virtue of the authority vested
in me as
President of the United States and as Commander in Chief of
the
armed forces of the United States, and the Federal Property
and
Administrative Services Act of 1949, as amended [see Short
Title
note under section 471 of Title 40, Public Buildings,
Property, and
Works], it is hereby ordered as follows:
PART I - DESIGN OF THE FLAG
Section 1. The flag of the United States shall
have thirteen
horizontal stripes, alternate red and white, and a union
consisting
of white stars on a field of blue.
Sec. 2. The positions of the stars in the union
of the flag and
in the union jack shall be as indicated on the attachment to
this
order, which is hereby made a part of this order.
Sec. 3. The dimensions of the constituent parts
of the flag shall
conform to the proportions set forth in the attachment
referred to
in section 2 of this order.
PART II -
REGULATIONS GOVERNING EXECUTIVE AGENCIES
Sec. 21. The following sizes of flags are
authorized for
executive agencies:
Size
Dimensions of Flag
Hoist Fly
(width) (length)
--------------------------------------------------------------------
Feet Feet
(1)
20.00 38.00
(2)
10.00 19.00
(3)
8.95 17.00
(4)
7.00 11.00
(5)
5.00 9.50
(6)
4.33 5.50
(7)
3.50 6.65
(8)
3.00 4.00
(9)
3.00 5.70
(10)
2.37 4.50
(11)
1.32 2.50
--------------------------------------------------------------------
Sec. 22. Flags manufactured or purchased for the
use of executive
agencies:
(a) Shall conform to the provisions of Part I of
this order,
except as may be otherwise authorized pursuant to the
provisions of
section 24, or except as otherwise authorized by the
provisions of
section 21, of this order.
(b) Shall conform to the provisions of section 21
of this order,
except as may be otherwise authorized pursuant to the
provisions of
section 24 of this order.
Sec. 23. The exterior dimensions of each union
jack manufactured
or purchased for executive agencies shall equal the
respective
exterior dimensions of the union of a flag of a size
authorized by
or pursuant to this order. The size of the union jack flown
with
the national flag shall be the same as the size of the union
of
that national flag.
Sec. 24. (a) The Secretary of Defense in respect
of procurement
for the Department of Defense (including military colors) and
the
Administrator of General Services in respect of procurement
for
executive agencies other than the Department of Defense may,
for
cause which the Secretary or the Administrator, as the case
may be,
deems sufficient, make necessary minor adjustments in one or
more
of the dimensions or proportionate dimensions prescribed by
this
order, or authorize proportions or sizes other than those
prescribed by section 3 or section 21 of this order.
(b) So far as practicable, (1) the actions of the
Secretary of
Defense under the provisions of section 24(a) of this order,
as
they relate to the various organizational elements of the
Department of Defense, shall be coordinated, and (2) the
Secretary
and the Administrator shall mutually coordinate their actions
under
that section.
Sec. 25. Subject to such limited exceptions as
the Secretary of
Defense in respect of the Department of Defense, and the
Administrator of General Services in respect of executive
agencies
other than the Department of Defense, may approve, all
national
flags and union jacks now in the possession of executive
agencies,
or hereafter acquired by executive agencies under contracts
awarded
prior to the date of this order, including those so possessed
or so
acquired by the General Services Administration, for
distribution
to other agencies, shall be utilized until unserviceable.
PART III - GENERAL PROVISIONS
Sec. 31. The flag prescribed by Executive Order
No. 10798 of
January 3, 1959, shall be the official flag of the United
States
until July 4, 1960, and on that date the flag prescribed by
Part I
of this order shall become the official flag of the United
States;
but this section shall neither derogate from section 24 or
section
25 of this order nor preclude the procurement, for executive
agencies, of flags provided for by or pursuant to this order
at any
time after the date of this order.
Sec. 32. As used in this order, the term
"executive agencies"
means the executive departments and independent
establishments in
the executive branch of the Government, including
wholly-owned
Government corporations.
Sec. 33. Executive Order No. 10798 of January 3,
1959, is hereby
revoked.
Dwight D. Eisenhower.
<p><img src="http://uscode.house.gov/images/code09/t4flag.gif" width=576
height=579 alt="Image of item"><p>
STANDARD PROPORTIONS
--------------------------------------------------------------------
Hoist (width) of flag 1.0: A
Fly (length) of flag 1.9: B
Hoist (width) of Union 0.5385, ( 7/13 ): C
Fly (length) of Union 0.76: D
P0.054: E
P0.054: F
P0.063: G
P0.063: H
Diameter of star 0.0616: K
Width of stripe 0.0769, ( 1/13 ): L
--------------------------------------------------------------------
-End-
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4 USC Sec. 2
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TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 - THE FLAG
-HEAD-
Sec. 2. Same; additional stars
-STATUTE-
On the admission of a new State into the Union
one star shall be
added to the union of the flag; and such addition shall take
effect
on the fourth day of July then next succeeding such
admission.
-SOURCE-
(July 30, 1947, ch. 389, 61 Stat. 642.)
-End-
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4 USC Sec. 3
02/01/2010
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TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 - THE FLAG
-HEAD-
Sec. 3. Use of flag for advertising purposes; mutilation of
flag
-STATUTE-
Any person who, within the District of Columbia,
in any manner,
for exhibition or display, shall place or cause to be placed
any
word, figure, mark, picture, design, drawing, or any
advertisement
of any nature upon any flag, standard, colors, or ensign of
the
United States of America; or shall expose or cause to be
exposed to
public view any such flag, standard, colors, or ensign upon
which
shall have been printed, painted, or otherwise placed, or to
which
shall be attached, appended, affixed, or annexed any word,
figure,
mark, picture, design, or drawing, or any advertisement of
any
nature; or who, within the District of Columbia, shall
manufacture,
sell, expose for sale, or to public view, or give away or
have in
possession for sale, or to be given away or for use for any
purpose, any article or substance being an article of
merchandise,
or a receptacle for merchandise or article or thing for
carrying or
transporting merchandise, upon which shall have been printed,
painted, attached, or otherwise placed a representation of
any such
flag, standard, colors, or ensign, to advertise, call
attention to,
decorate, mark, or distinguish the article or substance on
which so
placed shall be deemed guilty of a misdemeanor and shall be
punished by a fine not exceeding $100 or by imprisonment for
not
more than thirty days, or both, in the discretion of the
court. The
words "flag, standard, colors, or ensign", as used herein,
shall
include any flag, standard, colors, ensign, or any picture or
representation of either, or of any part or parts of either,
made
of any substance or represented on any substance, of any size
evidently purporting to be either of said flag, standard,
colors,
or ensign of the United States of America or a picture or a
representation of either, upon which shall be shown the
colors, the
stars and the stripes, in any number of either thereof, or of
any
part or parts of either, by which the average person seeing
the
same without deliberation may believe the same to represent
the
flag, colors, standard, or ensign of the United States of
America.
-SOURCE-
(July 30, 1947, ch. 389, 61 Stat. 642; Pub. L. 90-381, Sec.
3, July
5, 1968, 82 Stat. 291.)
-MISC1-
AMENDMENTS
1968 - Pub. L. 90-381 struck out "; or who,
within the District
of Columbia, shall publicly mutilate, deface, defile or defy,
trample upon, or cast contempt, either by word or act, upon
any
such flag, standard, colors, or ensign," after "substance on
which
so placed".
-End-
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4 USC Sec. 4
02/01/2010
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TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 - THE FLAG
-HEAD-
Sec. 4. Pledge of allegiance to the flag; manner of delivery
-STATUTE-
The Pledge of Allegiance to the Flag: "I pledge
allegiance to the
Flag of the United States of America, and to the Republic for
which
it stands, one Nation under God, indivisible, with liberty
and
justice for all.", should be rendered by standing at
attention
facing the flag with the right hand over the heart. When not
in
uniform men should remove any non-religious headdress with
their
right hand and hold it at the left shoulder, the hand being
over
the heart. Persons in uniform should remain silent, face the
flag,
and render the military salute.
-SOURCE-
(Added Pub. L. 105-225, Sec. 2(a), Aug. 12, 1998, 112 Stat.
1494;
amended Pub. L. 107-293, Sec. 2(a), Nov. 13, 2002, 116 Stat.
2060.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised
Source (U.S. Code) Source (Statutes at
Large)
Section
--------------------------------------------------------------------
4
36:172.
June 22, 1942, ch. 435, Sec.
7, 56 Stat. 380; Dec. 22,
1942, ch. 806, Sec. 7, 56
Stat. 1077; Dec. 28, 1945,
ch. 607, 59 Stat. 668; June
14, 1954, ch. 297, 68 Stat.
249; July 7, 1976, Pub. L.
94-344, (19), 90 Stat. 813.
--------------------------------------------------------------------
-COD-
CODIFICATION
Amendment by Pub. L. 107-293 reaffirmed the exact
language of the
Pledge, see section 2(b) of Pub. L. 107-293, set out as a
Reaffirmation of Language note below.
-MISC2-
AMENDMENTS
2002 - Pub. L. 107-293 reenacted section
catchline without change
and amended text generally. Prior to amendment, text read as
follows: "The Pledge of Allegiance to the Flag, 'I pledge
allegiance to the Flag of the United States of America, and
to the
Republic for which it stands, one Nation under God,
indivisible,
with liberty and justice for all.', should be rendered by
standing
at attention facing the flag with the right hand over the
heart.
When not in uniform men should remove their headdress with
their
right hand and hold it at the left shoulder, the hand being
over
the heart. Persons in uniform should remain silent, face the
flag,
and render the military salute."
FINDINGS
Pub. L. 107-293, Sec. 1, Nov. 13, 2002, 116 Stat.
2057, provided
that: "Congress finds the following:
"(1) On November 11, 1620, prior to
embarking for the shores of
America, the Pilgrims signed the Mayflower
Compact that declared:
'Having undertaken, for the Glory of God and the
advancement of
the Christian Faith and honor of our King and
country, a voyage
to plant the first colony in the northern parts
of Virginia,'.
"(2) On July 4, 1776, America's
Founding Fathers, after
appealing to the 'Laws of Nature, and of Nature's
God' to justify
their separation from Great Britain, then
declared: 'We hold
these Truths to be self-evident, that all Men are
created equal,
that they are endowed by their Creator with
certain unalienable
Rights, that among these are Life, Liberty, and
the Pursuit of
Happiness'.
"(3) In 1781, Thomas Jefferson, the
author of the Declaration
of Independence and later the Nation's third
President, in his
work titled 'Notes on the State of Virginia'
wrote: 'God who gave
us life gave us liberty. And can the liberties of
a nation be
thought secure when we have removed their only
firm basis, a
conviction in the minds of the people that these
liberties are of
the Gift of God. That they are not to be violated
but with His
wrath? Indeed, I tremble for my country when I
reflect that God
is just; that his justice cannot sleep forever.'
"(4) On May 14, 1787, George
Washington, as President of the
Constitutional Convention, rose to admonish and
exhort the
delegates and declared: 'If to please the people
we offer what we
ourselves disapprove, how can we afterward defend
our work? Let
us raise a standard to which the wise and the
honest can repair;
the event is in the hand of God!'
"(5) On July 21, 1789, on the same
day that it approved the
Establishment Clause concerning religion, the
First Congress of
the United States also passed the Northwest
Ordinance, providing
for a territorial government for lands northwest
of the Ohio
River, which declared: 'Religion, morality, and
knowledge, being
necessary to good government and the happiness of
mankind,
schools and the means of education shall forever
be encouraged.'
"(6) On September 25, 1789, the First
Congress unanimously
approved a resolution calling on President George
Washington to
proclaim a National Day of Thanksgiving for the
people of the
United States by declaring, 'a day of public
thanksgiving and
prayer, to be observed by acknowledging, with
grateful hearts,
the many signal favors of Almighty God,
especially by affording
them an opportunity peaceably to establish a
constitution of
government for their safety and happiness.'
"(7) On November 19, 1863, President
Abraham Lincoln delivered
his Gettysburg Address on the site of the battle
and declared:
'It is rather for us to be here dedicated to the
great task
remaining before us - that from these honored
dead we take
increased devotion to that cause for which they
gave the last
full measure of devotion - that we here highly
resolve that these
dead shall not have died in vain - that this
Nation, under God,
shall have a new birth of freedom - and that
Government of the
people, by the people, for the people, shall not
perish from the
earth.'
"(8) On April 28, 1952, in the
decision of the Supreme Court of
the United States in Zorach v. Clauson, 343 U.S.
306 (1952), in
which school children were allowed to be excused
from public
schools for religious observances and education,
Justice William
O. Douglas, in writing for the Court stated: 'The
First
Amendment, however, does not say that in every
and all respects
there shall be a separation of Church and State.
Rather, it
studiously defines the manner, the specific ways,
in which there
shall be no concern or union or dependency one on
the other. That
is the common sense of the matter. Otherwise the
State and
religion would be aliens to each other - hostile,
suspicious, and
even unfriendly. Churches could not be required
to pay even
property taxes. Municipalities would not be
permitted to render
police or fire protection to religious groups.
Policemen who
helped parishioners into their places of worship
would violate
the Constitution. Prayers in our legislative
halls; the appeals
to the Almighty in the messages of the Chief
Executive; the
proclamations making Thanksgiving Day a holiday;
"so help me God"
in our courtroom oaths - these and all other
references to the
Almighty that run through our laws, our public
rituals, our
ceremonies would be flouting the First Amendment.
A fastidious
atheist or agnostic could even object to the
supplication with
which the Court opens each session: "God save the
United States
and this Honorable Court." '
"(9) On June 15, 1954, Congress
passed and President Eisenhower
signed into law a statute that was clearly
consistent with the
text and intent of the Constitution of the United
States, that
amended the Pledge of Allegiance to read: 'I
pledge allegiance to
the Flag of the United States of America and to
the Republic for
which it stands, one Nation under God,
indivisible, with liberty
and justice for all.'
"(10) On July 20, 1956, Congress
proclaimed that the national
motto of the United States is 'In God We Trust',
and that motto
is inscribed above the main door of the Senate,
behind the Chair
of the Speaker of the House of Representatives,
and on the
currency of the United States.
"(11) On June 17, 1963, in the
decision of the Supreme Court of
the United States in Abington School District v.
Schempp, 374
U.S. 203 (1963), in which compulsory school
prayer was held
unconstitutional, Justices Goldberg and Harlan,
concurring in the
decision, stated: 'But untutored devotion to the
concept of
neutrality can lead to invocation or approval of
results which
partake not simply of that noninterference and
noninvolvement
with the religious which the Constitution
commands, but of a
brooding and pervasive devotion to the secular
and a passive, or
even active, hostility to the religious. Such
results are not
only not compelled by the Constitution, but, it
seems to me, are
prohibited by it. Neither government nor this
Court can or should
ignore the significance of the fact that a vast
portion of our
people believe in and worship God and that many
of our legal,
political, and personal values derive
historically from religious
teachings. Government must inevitably take
cognizance of the
existence of religion and, indeed, under certain
circumstances
the First Amendment may require that it do so.'
"(12) On March 5, 1984, in the
decision of the Supreme Court of
the United States in Lynch v. Donelly, 465 U.S.
668 (1984), in
which a city government's display of a nativity
scene was held to
be constitutional, Chief Justice Burger, writing
for the Court,
stated: 'There is an unbroken history of official
acknowledgment
by all three branches of government of the role
of religion in
American life from at least 1789 . .
. [E]xamples of reference
to our religious heritage are found in the
statutorily prescribed
national motto "In God We Trust" (36 U.S.C. 186)
[now 36 U.S.C.
302], which Congress and the President mandated
for our currency,
see (31 U.S.C. 5112(d)(1) (1982 ed.)), and in the
language "One
Nation under God", as part of the Pledge of
Allegiance to the
American flag. That pledge is recited by many
thousands of public
school children - and adults - every year .
. . Art galleries
supported by public revenues display religious
paintings of the
15th and 16th centuries, predominantly inspired
by one religious
faith. The National Gallery in Washington,
maintained with
Government support, for example, has long
exhibited masterpieces
with religious messages, notably the Last Supper,
and paintings
depicting the Birth of Christ, the Crucifixion,
and the
Resurrection, among many others with explicit
Christian themes
and messages. The very chamber in which oral
arguments on this
case were heard is decorated with a notable and
permanent - not
seasonal - symbol of religion: Moses with the Ten
Commandments.
Congress has long provided chapels in the Capitol
for religious
worship and meditation.'
"(13) On June 4, 1985, in the
decision of the Supreme Court of
the United States in Wallace v. Jaffree, 472 U.S.
38 (1985), in
which a mandatory moment of silence to be used
for meditation or
voluntary prayer was held unconstitutional,
Justice O'Connor,
concurring in the judgment and addressing the
contention that the
Court's holding would render the Pledge of
Allegiance
unconstitutional because Congress amended it in
1954 to add the
words 'under God,' stated 'In my view, the words
"under God" in
the Pledge, as codified at (36 U.S.C. 172) [now 4
U.S.C. 4],
serve as an acknowledgment of religion with "the
legitimate
secular purposes of solemnizing public occasions,
[and]
expressing confidence in the future." '
"(14) On November 20, 1992, the
United States Court of Appeals
for the 7th Circuit, in Sherman v. Community
Consolidated School
District 21, 980 F.2d 437 (7th Cir. 1992), held
that a school
district's policy for voluntary recitation of the
Pledge of
Allegiance including the words 'under God' was
constitutional.
"(15) The 9th Circuit Court of
Appeals erroneously held, in
Newdow v. U.S. Congress (9th Cir. June 26, 2002),
that the Pledge
of Allegiance's use of the express religious
reference 'under
God' violates the First Amendment to the
Constitution, and that,
therefore, a school district's policy and
practice of teacher-led
voluntary recitations of the Pledge of Allegiance
is
unconstitutional.
"(16) The erroneous rationale of the
9th Circuit Court of
Appeals in Newdow would lead to the absurd result
that the
Constitution's use of the express religious
reference 'Year of
our Lord' in Article VII violates the First
Amendment to the
Constitution, and that, therefore, a school
district's policy and
practice of teacher-led voluntary recitations of
the Constitution
itself would be unconstitutional."
REAFFIRMATION OF LANGUAGE
Pub. L. 107-293, Sec. 2(b), Nov. 13, 2002, 116
Stat. 2060,
provided that: "In codifying this subsection [probably should
be
"section", meaning section 2 of Pub. L. 107-293, which
amended this
section], the Office of the Law Revision Counsel shall show
in the
historical and statutory notes that the 107th Congress
reaffirmed
the exact language that has appeared in the Pledge for
decades."
-End-
-CITE-
4 USC Sec. 5
02/01/2010
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TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 - THE FLAG
-HEAD-
Sec. 5. Display and use of flag by civilians; codification of
rules
and customs; definition
-STATUTE-
The following codification of existing rules and
customs
pertaining to the display and use of the flag of the United
States
of America is established for the use of such civilians or
civilian
groups or organizations as may not be required to conform
with
regulations promulgated by one or more executive departments
of the
Government of the United States. The flag of the United
States for
the purpose of this chapter shall be defined according to
sections
1 and 2 of this title and Executive Order 10834 issued
pursuant
thereto.
-SOURCE-
(Added Pub. L. 105-225, Sec. 2(a), Aug. 12, 1998, 112 Stat.
1494.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised
Source (U.S. Code) Source (Statutes at
Large)
Section
--------------------------------------------------------------------
5
36:173.
June 22, 1942, ch. 435, Sec.
1, 56 Stat. 377; Dec. 22,
1942, ch. 806, Sec. 1, 56
Stat. 1074; July 7, 1976,
Pub. L. 94-344, (1), 90
Stat. 810.
--------------------------------------------------------------------
-REFTEXT-
REFERENCES IN TEXT
Executive Order 10834, referred to in text, is
set out as a note
under section 1 of this title.
-MISC2-
FREEDOM TO DISPLAY THE AMERICAN FLAG
Pub. L. 109-243, July 24, 2006, 120 Stat. 572,
provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Freedom to Display
the American
Flag Act of 2005'.
"SEC. 2. DEFINITIONS.
"For purposes of this Act -
"(1) the term 'flag of the United
States' has the meaning given
the term 'flag, standard, colors, or ensign'
under section 3 of
title 4, United States Code;
"(2) the terms 'condominium
association' and 'cooperative
association' have the meanings given such terms
under section 604
of Public Law 96-399 (15 U.S.C. 3603);
"(3) the term 'residential real
estate management association'
has the meaning given such term under section 528
of the Internal
Revenue Code of 1986 (26 U.S.C. 528); and
"(4) the term 'member' -
"(A) as used with respect
to a condominium association, means
an owner of a condominium unit (as
defined under section 604 of
Public Law 96-399 (15 U.S.C. 3603))
within such association;
"(B) as used with respect
to a cooperative association, means
a cooperative unit owner (as defined
under section 604 of
Public Law 96-399 (15 U.S.C. 3603))
within such association;
and
"(C) as used with respect
to a residential real estate
management association, means an
owner of a residential
property within a subdivision,
development, or similar area
subject to any policy or restriction
adopted by such
association.
"SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED
STATES.
"A condominium association, cooperative
association, or
residential real estate management association may not adopt
or
enforce any policy, or enter into any agreement, that would
restrict or prevent a member of the association from
displaying the
flag of the United States on residential property within the
association with respect to which such member has a separate
ownership interest or a right to exclusive possession or use.
"SEC. 4. LIMITATIONS.
"Nothing in this Act shall be considered to
permit any display or
use that is inconsistent with -
"(1) any provision of chapter 1 of
title 4, United States Code,
or any rule or custom pertaining to the proper
display or use of
the flag of the United States (as established
pursuant to such
chapter or any otherwise applicable provision of
law); or
"(2) any reasonable restriction
pertaining to the time, place,
or manner of displaying the flag of the United
States necessary
to protect a substantial interest of the
condominium association,
cooperative association, or residential real
estate management
association."
-End-
-CITE-
4 USC Sec. 6
02/01/2010
-EXPCITE-
TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 - THE FLAG
-HEAD-
Sec. 6. Time and occasions for display
-STATUTE-
(a) It is the universal custom to display the
flag only from
sunrise to sunset on buildings and on stationary flagstaffs
in the
open. However, when a patriotic effect is desired, the flag
may be
displayed 24 hours a day if properly illuminated during the
hours
of darkness.
(b) The flag should be hoisted briskly and
lowered ceremoniously.
(c) The flag should not be displayed on days when
the weather is
inclement, except when an all weather flag is displayed.
(d) The flag should be displayed on all days,
especially on New
Year's Day, January 1; Inauguration Day, January 20; Martin
Luther
King Jr.'s birthday, third Monday in January; Lincoln's
Birthday,
February 12; Washington's Birthday, third Monday in February;
Easter Sunday (variable); Mother's Day, second Sunday in May;
Armed
Forces Day, third Saturday in May; Memorial Day (half-staff
until
noon), the last Monday in May; Flag Day, June 14; Father's
Day,
third Sunday in June; Independence Day, July 4; National
Korean War
Veterans Armistice Day, July 27; Labor Day, first Monday in
September; Constitution Day, September 17; Columbus Day,
second
Monday in October; Navy Day, October 27; Veterans Day,
November 11;
Thanksgiving Day, fourth Thursday in November; Christmas Day,
December 25; and such other days as may be proclaimed by the
President of the United States; the birthdays of States (date
of
admission); and on State holidays.
(e) The flag should be displayed daily on or near
the main
administration building of every public institution.
(f) The flag should be displayed in or near every
polling place
on election days.
(g) The flag should be displayed during school
days in or near
every schoolhouse.
-SOURCE-
(Added Pub. L. 105-225, Sec. 2(a), Aug. 12, 1998, 112 Stat.
1494;
amended Pub. L. 106-80, Sec. 1, Oct. 25, 1999, 113 Stat.
1285; Pub.
L. 110-239, Sec. 1, June 3, 2008, 122 Stat. 1559; Pub. L.
111-41,
Sec. 2, July 27, 2009, 123 Stat. 1962.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised
Source (U.S. Code) Source (Statutes at
Large)
Section
--------------------------------------------------------------------
6
36:174.
June 22, 1942, ch. 435, Sec.
2, 56 Stat. 378; Dec. 22,
1942, ch. 806, Sec. 2, 56
Stat. 1074; July 7, 1976,
Pub. L. 94-344, (2)-(5), 90
Stat. 810.
--------------------------------------------------------------------
In subsection (d), the words "Veterans Day" are
substituted for
"Armistice Day" because of the Act of June 1, 1954 (ch. 250,
68
Stat. 168).
AMENDMENTS
2009 - Subsec. (d). Pub. L. 111-41 inserted
"National Korean War
Veterans Armistice Day, July 27;" after "July 4;".
2008 - Subsec. (d). Pub. L. 110-239 inserted
"Father's Day, third
Sunday in June;" after "Flag Day, June 14;".
1999 - Subsec. (d). Pub. L. 106-80 inserted
"Martin Luther King
Jr.'s birthday, third Monday in January;" after "January
20;".
-End-
-CITE-
4 USC Sec. 7
02/01/2010
-EXPCITE-
TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 - THE FLAG
-HEAD-
Sec. 7. Position and manner of display
-STATUTE-
The flag, when carried in a procession with
another flag or
flags, should be either on the marching right; that is, the
flag's
own right, or, if there is a line of other flags, in front of
the
center of that line.
(a) The flag should not be displayed on a float
in a parade
except from a staff, or as provided in subsection (i) of this
section.
(b) The flag should not be draped over the hood,
top, sides, or
back of a vehicle or of a railroad train or a boat. When the
flag
is displayed on a motorcar, the staff shall be fixed firmly
to the
chassis or clamped to the right fender.
(c) No other flag or pennant should be placed
above or, if on the
same level, to the right of the flag of the United States of
America, except during church services conducted by naval
chaplains
at sea, when the church pennant may be flown above the flag
during
church services for the personnel of the Navy. No person
shall
display the flag of the United Nations or any other national
or
international flag equal, above, or in a position of superior
prominence or honor to, or in place of, the flag of the
United
States at any place within the United States or any Territory
or
possession thereof: Provided, That nothing in this section
shall
make unlawful the continuance of the practice heretofore
followed
of displaying the flag of the United Nations in a position of
superior prominence or honor, and other national flags in
positions
of equal prominence or honor, with that of the flag of the
United
States at the headquarters of the United Nations.
(d) The flag of the United States of America,
when it is
displayed with another flag against a wall from crossed
staffs,
should be on the right, the flag's own right, and its staff
should
be in front of the staff of the other flag.
(e) The flag of the United States of America
should be at the
center and at the highest point of the group when a number of
flags
of States or localities or pennants of societies are grouped
and
displayed from staffs.
(f) When flags of States, cities, or localities,
or pennants of
societies are flown on the same halyard with the flag of the
United
States, the latter should always be at the peak. When the
flags are
flown from adjacent staffs, the flag of the United States
should be
hoisted first and lowered last. No such flag or pennant may
be
placed above the flag of the United States or to the United
States
flag's right.
(g) When flags of two or more nations are
displayed, they are to
be flown from separate staffs of the same height. The flags
should
be of approximately equal size. International usage forbids
the
display of the flag of one nation above that of another
nation in
time of peace.
(h) When the flag of the United States is
displayed from a staff
projecting horizontally or at an angle from the window sill,
balcony, or front of a building, the union of the flag should
be
placed at the peak of the staff unless the flag is at
half-staff.
When the flag is suspended over a sidewalk from a rope
extending
from a house to a pole at the edge of the sidewalk, the flag
should
be hoisted out, union first, from the building.
(i) When displayed either horizontally or
vertically against a
wall, the union should be uppermost and to the flag's own
right,
that is, to the observer's left. When displayed in a window,
the
flag should be displayed in the same way, with the union or
blue
field to the left of the observer in the street.
(j) When the flag is displayed over the middle of
the street, it
should be suspended vertically with the union to the north in
an
east and west street or to the east in a north and south
street.
(k) When used on a speaker's platform, the flag,
if displayed
flat, should be displayed above and behind the speaker. When
displayed from a staff in a church or public auditorium, the
flag
of the United States of America should hold the position of
superior prominence, in advance of the audience, and in the
position of honor at the clergyman's or speaker's right as he
faces
the audience. Any other flag so displayed should be placed on
the
left of the clergyman or speaker or to the right of the
audience.
(l) The flag should form a distinctive feature of
the ceremony of
unveiling a statue or monument, but it should never be used
as the
covering for the statue or monument.
(m) The flag, when flown at half-staff, should be
first hoisted
to the peak for an instant and then lowered to the half-staff
position. The flag should be again raised to the peak before
it is
lowered for the day. On Memorial Day the flag should be
displayed
at half-staff until noon only, then raised to the top of the
staff.
By order of the President, the flag shall be flown at
half-staff
upon the death of principal figures of the United States
Government
and the Governor of a State, territory, or possession, as a
mark of
respect to their memory. In the event of the death of other
officials or foreign dignitaries, the flag is to be displayed
at
half-staff according to Presidential instructions or orders,
or in
accordance with recognized customs or practices not
inconsistent
with law. In the event of the death of a present or former
official
of the government of any State, territory, or possession of
the
United States or the death of a member of the Armed Forces
from any
State, territory, or possession who dies while serving on
active
duty, the Governor of that State, territory, or possession
may
proclaim that the National flag shall be flown at half-staff,
and
the same authority is provided to the Mayor of the District
of
Columbia with respect to present or former officials of the
District of Columbia and members of the Armed Forces from the
District of Columbia. When the Governor of a State,
territory, or
possession, or the Mayor of the District of Columbia, issues
a
proclamation under the preceding sentence that the National
flag be
flown at half-staff in that State, territory, or possession
or in
the District of Columbia because of the death of a member of
the
Armed Forces, the National flag flown at any Federal
installation
or facility in the area covered by that proclamation shall be
flown
at half-staff consistent with that proclamation. The flag
shall be
flown at half-staff 30 days from the death of the President
or a
former President; 10 days from the day of death of the Vice
President, the Chief Justice or a retired Chief Justice of
the
United States, or the Speaker of the House of
Representatives; from
the day of death until interment of an Associate Justice of
the
Supreme Court, a Secretary of an executive or military
department,
a former Vice President, or the Governor of a State,
territory, or
possession; and on the day of death and the following day for
a
Member of Congress. The flag shall be flown at half-staff on
Peace
Officers Memorial Day, unless that day is also Armed Forces
Day. As
used in this subsection -
(1) the term "half-staff" means the
position of the flag when
it is one-half the distance between the top and
bottom of the
staff;
(2) the term "executive or military
department" means any
agency listed under sections 101 and 102 of title
5, United
States Code; and
(3) the term "Member of Congress"
means a Senator, a
Representative, a Delegate, or the Resident
Commissioner from
Puerto Rico.
(n) When the flag is used to cover a casket, it
should be so
placed that the union is at the head and over the left
shoulder.
The flag should not be lowered into the grave or allowed to
touch
the ground.
(o) When the flag is suspended across a corridor
or lobby in a
building with only one main entrance, it should be suspended
vertically with the union of the flag to the observer's left
upon
entering. If the building has more than one main entrance,
the flag
should be suspended vertically near the center of the
corridor or
lobby with the union to the north, when entrances are to the
east
and west or to the east when entrances are to the north and
south.
If there are entrances in more than two directions, the union
should be to the east.
-SOURCE-
(Added Pub. L. 105-225, Sec. 2(a), Aug. 12, 1998, 112 Stat.
1495;
amended Pub. L. 110-41, Sec. 3, June 29, 2007, 121 Stat.
233.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised
Source (U.S. Code) Source (Statutes at
Large)
Section
--------------------------------------------------------------------
7
36:175.
June 22, 1942, ch. 435, Sec.
3, 56 Stat. 378; Dec. 22,
1942, ch. 806, Sec. 3, 56
Stat. 1075; July 9, 1953,
ch. 183, 67 Stat. 142; July
7, 1976, Pub. L. 94-344,
(6)-(11), 90 Stat. 811;
Sept. 13, 1994, Pub. L.
103-322, title XXXII, Sec.
320922(b), 108 Stat. 2131.
--------------------------------------------------------------------
AMENDMENTS
2007 - Subsec. (m). Pub. L. 110-41, in sixth
sentence, inserted
"or the death of a member of the Armed Forces from any State,
territory, or possession who dies while serving on active
duty"
after "present or former official of the government of any
State,
territory, or possession of the United States" and
substituted ",
and the same authority is provided to the Mayor of the
District of
Columbia with respect to present or former officials of the
District of Columbia and members of the Armed Forces from the
District of Columbia. When the Governor of a State,
territory, or
possession, or the Mayor of the District of Columbia, issues
a
proclamation under the preceding sentence that the National
flag be
flown at half-staff in that State, territory, or possession
or in
the District of Columbia because of the death of a member of
the
Armed Forces, the National flag flown at any Federal
installation
or facility in the area covered by that proclamation shall be
flown
at half-staff consistent with that proclamation." for period
at
end.
FINDING
Pub. L. 110-41, Sec. 2, June 29, 2007, 121 Stat.
233, provided
that: "Congress finds that members of the Armed Forces of the
United States defend the freedom and security of the United
States."
-EXEC-
PROC. NO. 3044. DISPLAY OF FLAG AT HALF-STAFF UPON DEATH OF
CERTAIN
OFFICIALS AND FORMER OFFICIALS
Proc. No. 3044, Mar. 1, 1954, 19 F.R. 1235, as
amended by Proc.
No. 3948, Dec. 12, 1969, 34 F.R. 19699, provided:
WHEREAS it is appropriate that the flag of the
United States of
America be flown at half-staff on Federal buildings, grounds,
and
facilities upon the death of principal officials and former
officials of the Government of the United States and the
Governors
of the States, Territories, and possessions of the United
States as
a mark of respect to their memory; and
WHEREAS it is desirable that rules be prescribed
for the uniform
observance of this mark of respect by all executive
departments and
agencies of the Government, and as a guide to the people of
the
Nation generally on such occasions:
NOW, THEREFORE, I, DWIGHT D. EISENHOWER,
President of the United
States of America and Commander in Chief of the armed forces
of the
United States, do hereby prescribe and proclaim the following
rules
with respect to the display of the flag of the United States
of
America at half-staff upon the death of the officials
hereinafter
designated:
1. The flag of the United States shall be flown
at half-staff on
all buildings, grounds, and naval vessels of the Federal
Government
in the District of Columbia and throughout the United States
and
its Territories and possessions for the period indicated upon
the
death of any of the following-designated officials or former
officials of the United States:
(a) The President or a former President: for
thirty days from the
day of death.
The flag shall also be flown at half-staff for
such period at all
United States embassies, legations, and other facilities
abroad,
including all military facilities and naval vessels and
stations.
(b) The Vice President, the Chief Justice or a
retired Chief
Justice of the United States, or the Speaker of the House of
Representatives: for ten days from the day of death.
(c) An Associate Justice of the Supreme Court, a
member of the
Cabinet, a former Vice President, the President pro tempore
of the
Senate, the Majority Leader of the Senate, the Minority
Leader of
the Senate, the Majority Leader of the House of
Representatives, or
the Minority Leader of the House of Representatives: from the
day
of death until interment.
2. The flag of the United States shall be flown
at half-staff on
all buildings, grounds, and naval vessels of the Federal
Government
in the metropolitan area of the District of Columbia on the
day of
death and on the following day upon the death of a United
States
Senator, Representative, Territorial Delegate, or the
Resident
Commissioner from the Commonwealth of Puerto Rico, and it
shall
also be flown at half-staff on all buildings, grounds, and
naval
vessels of the Federal Government in the State, Congressional
District, Territory, or Commonwealth of such Senator,
Representative, Delegate, or Commissioner, respectively, from
the
day of death until interment.
3. The flag of the United States shall be flown
at half-staff on
all buildings and grounds of the Federal Government in a
State,
Territory, or possession of the United States upon the death
of the
Governor of such State, Territory, or possession from the day
of
death until interment.
4. In the event of the death of other officials,
former
officials, or foreign dignitaries, the flag of the United
States
shall be displayed at half-staff in accordance with such
orders or
instructions as may be issued by or at the direction of the
President, or in accordance with recognized customs or
practices
not inconsistent with law.
5. The heads of the several departments and
agencies of the
Government may direct that the flag of the United States be
flown
at half-staff on buildings, grounds, or naval vessels under
their
jurisdiction on occasions other than those specified herein
which
they consider proper, and that suitable military honors be
rendered
as appropriate.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the
Seal of the United States of America to be affixed.
DONE at the City of Washington this 1st day of March in
the year
of our Lord nineteen
hundred and fifty-four, and of the
Independence of the
United States of America the one hundred
and seventy-eighth.
[seal]
Dwight D. Eisenhower.
-End-
-CITE-
4 USC Sec. 8
02/01/2010
-EXPCITE-
TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 - THE FLAG
-HEAD-
Sec. 8. Respect for flag
-STATUTE-
No disrespect should be shown to the flag of the
United States of
America; the flag should not be dipped to any person or
thing.
Regimental colors, State flags, and organization or
institutional
flags are to be dipped as a mark of honor.
(a) The flag should never be displayed with the
union down,
except as a signal of dire distress in instances of extreme
danger
to life or property.
(b) The flag should never touch anything beneath
it, such as the
ground, the floor, water, or merchandise.
(c) The flag should never be carried flat or
horizontally, but
always aloft and free.
(d) The flag should never be used as wearing
apparel, bedding, or
drapery. It should never be festooned, drawn back, nor up, in
folds, but always allowed to fall free. Bunting of blue,
white, and
red, always arranged with the blue above, the white in the
middle,
and the red below, should be used for covering a speaker's
desk,
draping the front of the platform, and for decoration in
general.
(e) The flag should never be fastened, displayed,
used, or stored
in such a manner as to permit it to be easily torn, soiled,
or
damaged in any way.
(f) The flag should never be used as a covering
for a ceiling.
(g) The flag should never have placed upon it,
nor on any part of
it, nor attached to it any mark, insignia, letter, word,
figure,
design, picture, or drawing of any nature.
(h) The flag should never be used as a receptacle
for receiving,
holding, carrying, or delivering anything.
(i) The flag should never be used for advertising
purposes in any
manner whatsoever. It should not be embroidered on such
articles as
cushions or handkerchiefs and the like, printed or otherwise
impressed on paper napkins or boxes or anything that is
designed
for temporary use and discard. Advertising signs should not
be
fastened to a staff or halyard from which the flag is flown.
(j) No part of the flag should ever be used as a
costume or
athletic uniform. However, a flag patch may be affixed to the
uniform of military personnel, firemen, policemen, and
members of
patriotic organizations. The flag represents a living country
and
is itself considered a living thing. Therefore, the lapel
flag pin
being a replica, should be worn on the left lapel near the
heart.
(k) The flag, when it is in such condition that
it is no longer a
fitting emblem for display, should be destroyed in a
dignified way,
preferably by burning.
-SOURCE-
(Added Pub. L. 105-225, Sec. 2(a), Aug. 12, 1998, 112 Stat.
1497.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised
Source (U.S. Code) Source (Statutes at
Large)
Section
--------------------------------------------------------------------
8
36:176.
June 22, 1942, ch. 435, Sec.
4, 56 Stat. 379; Dec. 22,
1942, ch. 806, Sec. 4, 56
Stat. 1076; July 7, 1976,
Pub. L. 94-344, (12)-(16),
90 Stat. 812.
--------------------------------------------------------------------
-End-
-CITE-
4 USC Sec. 9
02/01/2010
-EXPCITE-
TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 - THE FLAG
-HEAD-
Sec. 9. Conduct during hoisting, lowering or passing of flag
-STATUTE-
During the ceremony of hoisting or lowering the
flag or when the
flag is passing in a parade or in review, all persons present
in
uniform should render the military salute. Members of the
Armed
Forces and veterans who are present but not in uniform may
render
the military salute. All other persons present should face
the flag
and stand at attention with their right hand over the heart,
or if
applicable, remove their headdress with their right hand and
hold
it at the left shoulder, the hand being over the heart.
Citizens of
other countries present should stand at attention. All such
conduct
toward the flag in a moving column should be rendered at the
moment
the flag passes.
-SOURCE-
(Added Pub. L. 105-225, Sec. 2(a), Aug. 12, 1998, 112 Stat.
1498;
Pub. L. 110-181, div. A, title V, Sec. 594, Jan. 28, 2008,
122
Stat. 138.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised
Source (U.S. Code) Source (Statutes at
Large)
Section
--------------------------------------------------------------------
9
36:177.
June 22, 1942, ch. 435, Sec.
5, 56 Stat. 380; Dec. 22,
1942, ch. 806, Sec. 5, 56
Stat. 1077; July 7, 1976,
Pub. L. 94-344, (17), 90
Stat. 812.
--------------------------------------------------------------------
AMENDMENTS
2008 - Pub. L. 110-181 substituted "all persons
present in
uniform should render the military salute. Members of the
Armed
Forces and veterans who are present but not in uniform may
render
the military salute. All other persons present should face
the flag
and stand at attention with their right hand over the heart,
or if
applicable, remove their headdress with their right hand and
hold
it at the left shoulder, the hand being over the heart.
Citizens of
other countries present should stand at attention. All such
conduct
toward the flag in a moving column should be rendered at the
moment
the flag passes." for "all persons present except those in
uniform
should face the flag and stand at attention with the right
hand
over the heart. Those present in uniform should render the
military
salute. When not in uniform, men should remove their
headdress with
their right hand and hold it at the left shoulder, the hand
being
over the heart. Aliens should stand at attention. The salute
to the
flag in a moving column should be rendered at the moment the
flag
passes."
-End-
-CITE-
4 USC Sec. 10
02/01/2010
-EXPCITE-
TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 - THE FLAG
-HEAD-
Sec. 10. Modification of rules and customs by President
-STATUTE-
Any rule or custom pertaining to the display of
the flag of the
United States of America, set forth herein, may be altered,
modified, or repealed, or additional rules with respect
thereto may
be prescribed, by the Commander in Chief of the Armed Forces
of the
United States, whenever he deems it to be appropriate or
desirable;
and any such alteration or additional rule shall be set forth
in a
proclamation.
-SOURCE-
(Added Pub. L. 105-225, Sec. 2(a), Aug. 12, 1998, 112 Stat.
1498.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised
Source (U.S. Code) Source (Statutes at
Large)
Section
--------------------------------------------------------------------
10
36:178.
June 22, 1942, ch. 435, Sec.
8, 56 Stat. 380; Dec. 22,
1942, ch. 806, Sec. 8, 56
Stat. 1077; July 7, 1976,
Pub. L. 94-344, (20), 90
Stat. 813.
--------------------------------------------------------------------
-REFTEXT-
REFERENCES IN TEXT
Herein, referred to in text, means sections 4 to
10 of this
title.
-EXEC-
PROC. NO. 2605. THE FLAG OF THE UNITED STATES
Proc. No. 2605, Feb. 18, 1944, 9 F.R. 1957, 58
Stat. 1126,
provided:
The flag of the United States of America is
universally
representative of the principles of the justice, liberty, and
democracy enjoyed by the people of the United States; and
People all over the world recognize the flag of
the United States
as symbolic of the United States; and
The effective prosecution of the war requires a
proper
understanding by the people of other countries of the
material
assistance being given by the Government of the United
States:
NOW, THEREFORE, by virtue of the power vested in
me by the
Constitution and laws of the United States, particularly by
the
Joint Resolution approved June 22, 1942, as amended by the
Joint
Resolution approved December 22, 1942 [now sections 4 to 10
of this
title], as President and Commander in Chief, it is hereby
proclaimed as follows:
1. The use of the flag of the United States or
any representation
thereof, if approved by the Foreign Economic Administration,
on
labels, packages, cartons, cases, or other containers for
articles
or products of the United States intended for export as
lend-lease
aid, as relief and rehabilitation aid, or as emergency
supplies for
the Territories and possessions of the United States, or
similar
purposes, shall be considered a proper use of the flag of the
United States and consistent with the honor and respect due
to the
flag.
2. If any article or product so labelled,
packaged or otherwise
bearing the flag of the United States or any representation
thereof, as provided for in section 1, should, by force of
circumstances, be diverted to the ordinary channels of
domestic
trade, no person shall be considered as violating the rules
and
customs pertaining to the display of the flag of the United
States,
as set forth in the Joint Resolution approved June 22, 1942,
as
amended by the Joint Resolution approved December 22, 1942
(U.S.C.,
Supp. II, title 36, secs. 171-178) [now sections 4 to 10 of
this
title] for possessing, transporting, displaying, selling or
otherwise transferring any such article or product solely
because
the label, package, carton, case, or other container bears
the flag
of the United States or any representation thereof.
-End-
-CITE-
18 USC Sec. 700
01/05/2009
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
-HEAD-
Sec. 700. Desecration of the flag of the United States;
penalties
-STATUTE-
(a)(1) Whoever knowingly mutilates, defaces,
physically defiles,
burns, maintains on the floor or ground, or tramples upon any
flag
of the United States shall be fined under this title or
imprisoned
for not more than one year, or both.
(2) This subsection does not prohibit any conduct
consisting of
the disposal of a flag when it has become worn or soiled.
(b) As used in this section, the term "flag of
the United States"
means any flag of the United States, or any part thereof,
made of
any substance, of any size, in a form that is commonly
displayed.
(c) Nothing in this section shall be construed as
indicating an
intent on the part of Congress to deprive any State,
territory,
possession, or the Commonwealth of Puerto Rico of
jurisdiction over
any offense over which it would have jurisdiction in the
absence of
this section.
(d)(1) An appeal may be taken directly to the
Supreme Court of
the United States from any interlocutory or final judgment,
decree,
or order issued by a United States district court ruling upon
the
constitutionality of subsection (a).
(2) The Supreme Court shall, if it has not
previously ruled on
the question, accept jurisdiction over the appeal and advance
on
the docket and expedite to the greatest extent possible.
-SOURCE-
(Added Pub. L. 90-381, Sec. 1, July 5, 1968, 82 Stat. 291;
amended
Pub. L. 101-131, Secs. 2, 3, Oct. 28, 1989, 103 Stat. 777.)
-MISC1-
AMENDMENTS
1989 - Subsec. (a). Pub. L. 101-131, Sec. 2(a),
amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as
follows:
"Whoever knowingly casts contempt upon any flag of the United
States by publicly mutilating, defacing, defiling, burning,
or
trampling upon it shall be fined not more than $1,000 or
imprisoned
for not more than one year, or both."
Subsec. (b). Pub. L. 101-131, Sec. 2(b), amended
subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows:
"The
term 'flag of the United States' as used in this section,
shall
include any flag, standard colors, ensign, or any picture or
representation of either, or of any part or parts of either,
made
of any substance or represented on any substance, of any size
evidently purporting to be either of said flag, standard,
color, or
ensign of the United States of America, or a picture or a
representation of either, upon which shall be shown the
colors, the
stars and the stripes, in any number of either thereof, or of
any
part or parts of either, by which the average person seeing
the
same without deliberation may believe the same to represent
the
flag, standards, colors, or ensign of the United States of
America."
Subsec. (d). Pub. L. 101-131, Sec. 3, added
subsec. (d).
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-547, Sec. 1, Dec. 19, 2000, 114 Stat.
2738, provided
that: "This Act [enacting sections 716 and 1036 of this
title] may
be cited as the 'Enhanced Federal Security Act of 2000'."
SHORT TITLE OF 1989 AMENDMENT
Section 1 of Pub. L. 101-131 provided that: "This
Act [amending
this section] may be cited as the 'Flag Protection Act of
1989'."
-End-
-CITE-
36 USC CHAPTER 3 - NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM
\1\ MARCH, AND TREE 01/05/2009
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle I - Patriotic and National Observances and Ceremonies
Part A - Observances and Ceremonies
CHAPTER 3 - NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM1A\1\ MARCH, AND
TREE
-HEAD-
CHAPTER 3 - NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM (!1) MARCH, AND
TREE
-MISC1-
Sec.
301. National anthem.
302. National motto.
303. National floral emblem.
304. National march.
305. National tree.
AMENDMENTS
2004 - Pub. L. 108-447, div. J, title I, Sec. 109(b)(2), (3),
Dec. 8, 2004, 118 Stat. 3344, substituted "MARCH, AND TREE" for ",
AND MARCH" in chapter heading and added item 305.
-FOOTNOTE-
(!1) So in original. A comma probably should follow "EMBLEM".
-End-
-CITE-
36 USC Sec. 301 01/05/2009
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle I - Patriotic and National Observances and Ceremonies
Part A - Observances and Ceremonies
CHAPTER 3 - NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM1A\1\ MARCH, AND
TREE
-HEAD-
Sec. 301. National anthem
-STATUTE-
(a) Designation. - The composition consisting of the words and
music known as the Star-Spangled Banner is the national anthem.
(b) Conduct During Playing. - During a rendition of the national
anthem -
(1) when the flag is displayed -
(A) individuals in uniform should give the military salute at
the first note of the anthem and maintain that position until
the last note;
(B) members of the Armed Forces and veterans who are present
but not in uniform may render the military salute in the manner
provided for individuals in uniform; and
(C) all other persons present should face the flag and stand
at attention with their right hand over the heart, and men not
in uniform, if applicable, should remove their headdress with
their right hand and hold it at the left shoulder, the hand
being over the heart; and
(2) when the flag is not displayed, all present should face
toward the music and act in the same manner they would if the
flag were displayed.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1263; Pub. L. 110-417,
[div. A], title V, Sec. 595, Oct. 14, 2008, 122 Stat. 4475.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
301(a) 36:170. Mar. 3, 1931, ch. 436, 46
Stat. 1508.
301(b) 36:171. June 22, 1942, ch. 435, Sec.
6, 56 Stat. 380; Dec. 22,
1942, ch. 806, Sec. 6, 56
Stat. 1077; July 7, 1976,
Pub. L. 94-344, Sec. 1(18),
90 Stat. 812.
--------------------------------------------------------------------
AMENDMENTS
2008 - Subsec. (b)(1)(A) to (C). Pub. L. 110-417 added subpars.
(A) to (C) and struck out former subpars. (A) to (C) which read as
follows:
"(A) all present except those in uniform should stand at
attention facing the flag with the right hand over the heart;
"(B) men not in uniform should remove their headdress with their
right hand and hold the headdress at the left shoulder, the hand
being over the heart; and
"(C) individuals in uniform should give the military salute at
the first note of the anthem and maintain that position until the
last note; and".
-End-
-CITE-
36 USC Sec. 302 01/05/2009
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle I - Patriotic and National Observances and Ceremonies
Part A - Observances and Ceremonies
CHAPTER 3 - NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM1A\1\ MARCH, AND
TREE
-HEAD-
Sec. 302. National motto
-STATUTE-
"In God we trust" is the national motto.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1263; Pub. L. 107-293,
Sec. 3(a), Nov. 13, 2002, 116 Stat. 2060.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
302 36:186. July 30, 1956, ch. 795, 70
Stat. 732.
--------------------------------------------------------------------
AMENDMENTS
2002 - Pub. L. 107-293 reenacted section catchline and text
without change.
REAFFIRMATION OF LANGUAGE
Pub. L. 107-293, Sec. 3(b), Nov. 13, 2002, 116 Stat. 2061,
provided that: "In codifying this subsection [probably should be
"section", meaning section 3 of Pub. L. 107-293, which amended this
section], the Office of the Law Revision Counsel shall make no
change in section 302, title 36, United States Code, but shall show
in the historical and statutory notes that the 107th Congress
reaffirmed the exact language that has appeared in the Motto for
decades."
-End-
-CITE-
36 USC Sec. 303 01/05/2009
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle I - Patriotic and National Observances and Ceremonies
Part A - Observances and Ceremonies
CHAPTER 3 - NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM1A\1\ MARCH, AND
TREE
-HEAD-
Sec. 303. National floral emblem
-STATUTE-
The flower commonly known as the rose is the national floral
emblem.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1263.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
303 36:187. Oct. 7, 1986, Pub. L.
99-449, 100 Stat. 1128.
--------------------------------------------------------------------
The text of 36:187 (words after comma) is omitted as executed
because the proclamation was made on November 20, 1986. See
Proclamation No. 5574, 51 Fed. Reg. 42197.
-EXEC-
PROC. NO. 5574. THE ROSE PROCLAIMED THE NATIONAL FLORAL EMBLEM OF
THE UNITED STATES OF AMERICA
Proc. No. 5574, Nov. 20, 1986, 51 F.R. 42197, provided:
Americans have always loved the flowers with which God decorates
our land. More often than any other flower, we hold the rose dear
as the symbol of life and love and devotion, of beauty and
eternity. For the love of man and woman, for the love of mankind
and God, for the love of country, Americans who would speak the
language of the heart do so with a rose.
We see proofs of this everywhere. The study of fossils reveals
that the rose has existed in America for age upon age. We have
always cultivated roses in our gardens. Our first President, George
Washington, bred roses, and a variety he named after his mother is
still grown today. The White House itself boasts a beautiful Rose
Garden. We grow roses in all our fifty States. We find roses
throughout our art, music, and literature. We decorate our
celebrations and parades with roses. Most of all, we present roses
to those we love, and we lavish them on our altars, our civil
shrines, and the final resting places of our honored dead.
The American people have long held a special place in their
hearts for roses. Let us continue to cherish them, to honor the
love and devotion they represent, and to bestow them on all we love
just as God has bestowed them on us.
The Congress, by Senate Joint Resolution 159 [Pub. L. 99-449, now
this section], has designated the rose as the National Floral
Emblem of the United States and authorized and requested the
President to issue a proclamation declaring this fact.
NOW, THEREFORE, I, RONALD REAGAN, President of the United States
of America, do hereby proclaim the rose as the National Floral
Emblem of the United States of America.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth
day of November, in the year of our Lord nineteen hundred and
eighty-six, and of the Independence of the United States of America
the two hundred and eleventh.
Ronald Reagan.
-End-
-CITE-
36 USC Sec. 304 01/05/2009
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle I - Patriotic and National Observances and Ceremonies
Part A - Observances and Ceremonies
CHAPTER 3 - NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM1A\1\ MARCH, AND
TREE
-HEAD-
Sec. 304. National march
-STATUTE-
The composition by John Philip Sousa entitled "The Stars and
Stripes Forever" is the national march.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1263.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
304 36:188. Dec. 11, 1987, Pub. L.
100-186, 101 Stat. 1286.
--------------------------------------------------------------------
-End-
-CITE-
36 USC Sec. 305 01/05/2009
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle I - Patriotic and National Observances and Ceremonies
Part A - Observances and Ceremonies
CHAPTER 3 - NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM1A\1\ MARCH, AND
TREE
-HEAD-
Sec. 305. National tree
-STATUTE-
The tree genus Quercus, commonly known as the oak tree, is the
national tree.
-SOURCE-
(Added Pub. L. 108-447, div. J, title I, Sec. 109(a), Dec. 8, 2004,
118 Stat. 3344.)
-End-