-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proportions and sizes of flags until July 4, 1960, was revoked by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.
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-
