Flags and Emblems of the United States

U.S. Code Title 4 Chapter 1

-CITE-
    4 USC CHAPTER 1 - THE FLAG                                  02/01/2010

-EXPCITE-
    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-



-CITE-
    4 USC Sec. 2                                                02/01/2010

-EXPCITE-
    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-



-CITE-
    4 USC Sec. 3                                                02/01/2010

-EXPCITE-
    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-



-CITE-
    4 USC Sec. 4                                                02/01/2010

-EXPCITE-
    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

-EXPCITE-
    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-

U.S. Code Title 18 Chapter 18 Section 700

-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-

U.S. Code Title 36 Chapter 3

-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-

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