Public Law 94-344

by by the 94th Congress of the United States

94^TH UNITED STATES CONGRESS
2^ND SESSION

Joint Resolution
To amend the joint resolution entitled ‘‘Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America’’.

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Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

That the joint resolution entitled ‘‘Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America’’, as amended (36 U.S.C. 171-178), is amended—

(1) by adding after the last sentence of section 1 the following:

‘‘The flag of the United States for the purpose of this chapter shall be defined according to title 4, United States Code, chapter 1, section 1 and section 2 and Executive Order 10834 issued pursuant thereto’’;

(2) by striking out the second sentence of section 2(a) and inserting in lieu thereof the following:

‘‘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.’’;

(3) by inserting in section 2(c) before the period a comma and the following:

‘‘except when an all weather flag is displayed’’;

(4) by striking out section 2(d) and inserting in lieu thereof the following:

‘‘(d)  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.’’;

(5) by striking out ‘‘, weather permitting,’’ in section 2(e);

(6) by striking out ‘‘radiator cap’’ in section 3(b) and inserting in lieu thereof ‘‘right fender’’;

(7) in the last sentence of section 3(f), by striking out ‘‘to the right of the flag of the United States’’ and inserting in lieu thereof the following:

‘‘to the United States flag's right.’’;

(8) by striking out section 3(i) and inserting in lieu thereof the following:

‘‘(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.’’;

(9) by striking out section 3(k) and inserting in lieu thereof the following:

‘‘(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.’’;

(10) by striking out section 3(m) and inserting in lieu thereof the following:

‘‘(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 shall 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, United States Code; and

‘‘(3)  the term `Member of Congress´ means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico.’’;

(11) by adding at the end of section 3, a new subsection as follows:

‘‘(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.’’;

(12) by striking out section 4(a) and inserting in lieu thereof the following:

‘‘(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.’’;

(13) by striking out section 4(d) and inserting in lieu thereof the following:

‘‘(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.’’;

(14) by striking out section 4(e) and inserting in lieu thereof the following:

‘‘(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.’’;

(15) by striking out section 4(i) and inserting in lieu thereof the following:

‘‘(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.’’;

(16) by redesignating section 4(j) as section 4(k) and by inserting after section 4(i) a new subsection as follows:

‘‘(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.’’;

(17) by striking out section 5 and inserting in lieu thereof the following:

‘‘Sec. 5. 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. 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.’’;

(18) by striking out section 6 and inserting in lieu thereof the following:

‘‘Sec. 6. 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.’’;

(19) by striking out section 7 and inserting in lieu thereof the following:

‘‘Sec. 7. 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.’’; and

(20) by striking out section 8 and inserting in lieu thereof the following:

‘‘Sec. 8. 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.’’.

Approved July 7, 1976.

Legislative History

• S.J.Res. 49, (H.J.Res. 321)

• SENATE REPORTS:
  • No. 94-797 (Comm. on the Judiciary)
• CONGRESSIONAL RECORD, Vol. 122 (1976):
  • May. 10, considered and passed Senate.
  • June 21, considered and passed House, amended.
  • June 22, Senate concurred in House amendments.

  Source

Public Law 77-623. − 56 Stat. 377, Chap. 435, H.J.Res. 303, enacted June 22, 1942.

Amended by

Public Law 77-829. − 56 Stat. 1074, Chap. 806, H.J.Res. 359, enacted December 22, 1942.

Public Law 83-396. − 68 Stat. 249, Chap. 297, H.J.Res. 243, enacted June 14, 1954.

Public Law 94-344. − 90 Stat. 810, S.J.Res. 49, enacted July 7, 1976.