| Federal Laws Concerning the U.S. Flag | ||||
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| U.S. CODE Title 36, Chapter 9: National Observances - Flag Day | ||||
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Sec. 901. - Service flag and service lapel button
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TITLE 36 >
Subtitle I >
Part A >
CHAPTER 9
> Sec. 901 - Service flag and service lapel button
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U.S. CODE Title 36, Chapter 9: National Observances - Flag Day
§157. Flag Day; designation; proclamation; observance:
The 14th day of June of each year is hereby designated as "Flag Day", and the
President of the United States is authorized and requested to issue annually a
proclamation calling upon officials of the Government to display the flag of the
United States on all Government buildings on such day, and urging the people to
observe the day as the anniversary of the adoption on June 14, 1777, by the
Continental Congress of the Stars and Stripes as the official flag of the United
States of America.
§157a. National Flag Week
The President is authorized and requested to issue annually a proclamation
designating the week in which June 14 occurs as National Flag Week, and calling
upon all citizens to display the flag of the United States on those days.
U.S. CODE Title 36, Chapter 10: Patriotic Customs
§170. National anthem; Star-Spangled Banner:
The composition consisting of the words and music known as The Star-Spangled
Banner is designated the national anthem of the United States of America.
§171. Conduct during playing:
During rendition of the national anthem when the flag is displayed, all present
except those in uniform should stand at attention facing the flag with the right
hand over the heart. Men not in uniform 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 render the military salute at the first note of the
anthem and retain this position until the last note. When the flag is not
displayed, those present should face toward the music and act in the same manner
they would if the flag were displayed there.
§172. Pledge of allegiance to the flag; manner of delivery:
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
fn should remain silent, face the flag, and render the military salute.
§173. Display and use of flag by civilians; codification of rules and customs;
definition:
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 title 4 and Executive Order 10834 issued pursuant thereto.
§174. Time and occasions for display:
(a) Display on buildings and stationary flagstaffs in open; night display: 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 twenty-four hours a day if properly
illuminated during the hours of darkness.
(b) Manner of hoisting: The flag should be hoisted briskly and lowered
ceremoniously.
(c) Inclement weather: The flag should not be displayed on days when the weather
is inclement, except when an all-weather flag is displayed.
(d) Particular days of display: The flag should be displayed on all days,
especially on -
New Year's Day, January 1;
Inauguration Day, January 20;
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;
Independence Day, July 4;
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) Display on or near administration building of public institutions: The flag
should be displayed daily on or near the main administration building of every
public institution.
(f) Display in or near polling places: The flag should be displayed in or near
every polling place on election days.
(g) Display in or near schoolhouses: The flag should be displayed during school
days in or near every schoolhouse.
§175. Position and manner of display:
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.
staff of the US flag on the outside (towards the audience; not against the wall)
(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.
çnorth or east south or westè
(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. fn
NOTE: if the Flag is on the level of or otherwise grouped with -
the speaker - post it to the speaker's right
the audience - post it to the the audience's right
(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, the Governor of that
State, territory, or possession may proclaim that the National flag hall be
flown at half-staff. The flag shall be flown at half-staff thirty days from the
death of the President or a former President; ten 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. 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; 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 fn. 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.
§176. Respect for flag:
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 fn. 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 fn, but always aloft
and free.
(d) The flag should never be used as wearing apparel fn, 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 fn , should be destroyed in a dignified way footnote, preferably by
burning.
§177. Conduct during hoisting, lowering or passing of flag:
During the ceremony of hoisting or lowering the flag or when the flag is passing
in a parade or in review, 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 fn. 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. fn
§178. Modification of rules and customs by President:
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.
§179. Design for service flag; persons entitled to display flag:
The Secretary of Defense is authorized and directed to approve a design for a
service flag, which flag may be displayed in a window of the place of residence
of persons who are members of the immediate family of a person serving in the
armed forces of the United States during any period of war or hostilities in
which the Armed Forces of the United States may be engaged.
§180. Design for service lapel button; persons entitled to wear button:
The Secretary of Defense is also authorized and directed to approve a design for
a service lapel button, which button may be worn by members of the immediate
family of a person serving in the armed forces of the United States during any
period of war or hostilities in which the Armed Forces of the United States may
be engaged.
§181. Approval of designs by Secretary of Defense; license to manufacture and
sell; penalties:
Upon the approval by the Secretary of Defense of the design for such service
flag and service lapel button, he shall cause notice thereof, together with a
description of the approved flag and button, to be published in the Federal
Register. Thereafter any person may apply to the Secretary of Defense for a
license to manufacture and sell the approved service flag, or the approved
service lapel button, or both. Any person, firm, or corporation who manufactures
any such service flag or service lapel button without having first obtained such
a license, or otherwise violates sections 179 to 182 of this title, shall, upon
conviction thereof, be fined not more than $1,000.
§182. Rules and regulations:
The Secretary of Defense is authorized to make such rules and regulations as may
be necessary to carry out the provisions of sections 179 to 182 of this title.
§182a to 182d.
Repealed. Pub. L. 89-534, º 2, Aug. 11, 1966, 80 Stat. 345
§183, 184.
Repealed. Pub. L. 85-857, º 14(84), Sept. 2, 1958, 72 Stat. 1272
§185.
Transferred
§186. National motto:
The national motto of the United States is declared to be 'In God we trust.'
§187. National floral emblem:
The flower commonly known as the rose is designated and adopted as the national
floral emblem of the United States of America, and the President of the United
States is authorized and requested to declare such fact by proclamation.
§188. National march:
The composition by John Philip Sousa entitled 'The Stars and Stripes Forever' is
hereby designated as the national march of the United States of America.
§189. Recognition of National League of Families POW/MIA flag:
The National League of Families POW/MIA flag is hereby recognized officially and
designated as the symbol of our Nation's concern and commitment to resolving as
fully as possible the fates of Americans still prisoner, missing and unaccounted
for in Southeast Asia, thus ending the uncertainty for their families and the
Nation.
U.S. CODE Title 4 Chapter 1: The Flag
§1. Flag; stripes and stars on:
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.
§2. Same; additional stars:
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.
§3. Use of flag for advertising purposes; mutilation of flag:
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 rpresentation 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 nsign of the United States of America.
U.S. CODE Title 4: The Seal
§41. Seal of the United States:
The seal heretofore used by the United States in Congress assembled is declared
to be the seal of the United States.
§42. Same; custody and use of:
The Secretary of State shall have the custody and charge of such seal. Except as
provided by section 2902(a) of title 5, the seal shall not be affixed to any
instrument without the special warrant of the President therefor.
U.S. CODE Title 5, Part III, Chapter 29 - COMMISSIONS, OATHS, RECORDS, AND
REPORTS; Subchapter I - COMMISSIONS, OATHS, AND RECORDS
§2902. Commission; where recorded
(a) Except as provided by subsections (b) and (c) of this section, the Secretary
of State shall make out and record, and affix the seal of the United States to,
the commission of an officer appointed by the President. The seal of the United
States may not be affixed to the commission before the commission has been
signed by the President.
U.S. CODE Title 5 Chapter 1: ORGANIZATION
§101. Executive departments:
The Executive departments are: The Department of State. The Department of the
Treasury. The Department of Defense. The Department of Justice. The Department
of the Interior. The Department of Agriculture. The Department of Commerce. The
Department of Labor. The Department of Health and Human Services. The Department
of Housing and Urban Development. The Department of Transportation. The
Department of Energy. The Department of Education. The Department of Veterans
Affairs.
§102. Military departments:
The military departments are: The Department of the Army. The Department of the
Navy. The Department of the Air Force.
U.S. CODE Title 18, Part I: CRIMES AND CRIMINAL PROCEDURE; Chapter 33 - EMBLEMS,
INSIGNIA, AND NAMES (This title was enacted by act JUNE 25, 1948, CH. 645, SEC.
1, 62 STAT. 683)
§700. Desecration of the flag of the United States; penalties
(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.
U.S. CODE Title 2, Chapter 9A - ORGANIZATION
§285b. Functions
The functions of the Office shall be as follows:
(1) To prepare, and submit to the Committee on the Judiciary one title at a
time, a complete compilation, restatement, and revision of the general and
permanent laws of the United States which conforms to the understood policy,
intent, and purpose of the Congress in the original enactments, with such
amendments and corrections as will remove ambiguities, contradictions, and other
imperfections both of substance and of form, separately stated, with a view to
the enactment of each title as positive law.
(2) To examine periodically all of the public laws enacted by the Congress and
submit to the Committee on the Judiciary recommendations for the repeal of
obsolete, superfluous, and superseded provisions contained therein.
(3) To prepare and publish periodically a new edition of the United States Code
(including those titles which are not yet enacted into positive law as well as
those titles which have been so enacted), with annual cumulative supplements
reflecting newly enacted laws.
(4) To classify newly enacted provisions of law to their proper positions in the
Code where the titles involved have not yet been enacted into positive law.
(5) To prepare and submit periodically such revisions in the titles of the Code
which have been enacted into positive law as may be necessary to keep such
titles current.
(6) To prepare and publish periodically new editions of the District of Columbia
Code, with annual cumulative supplements reflecting newly enacted laws, through
publication of the fifth annual cumulative supplement to the 1973 edition of
such Code.
(7) To provide the Committee on the Judiciary with such advice and assistance as
the committee may request in carrying out its functions with respect to the
revision and codification of the Federal statutes.