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FLAG LAWS & REGULATIONS:

The laws relating to the flag of the United States of America are found in detail in the United States Code. Title 4, Chapter 1 pertains to the flag and seal, seat of Government and the States; Title 18, Chapter 33 pertains to crimes and criminal procedures; Title 36, Chapter 10 pertains to patriotic customs and observances. These laws were supplemented by Executive Orders and Presidential Proclamations. For additional info on flag issues refer to: www.pueblo.gsa.gov/cic_text/misc/ourflag/titlepage.htm.

Title 36 Chapter 10 contains the following:

§171. National anthem; Star-Spangled Banner, 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. see Note (1)

§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 should remain silent, face the flag, and render the military salute. see Note (2)

§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 Title 4, United States Code, chapter 1, section 1 and section 2 and Executive Order 10834 issued pursuant thereto.

§174. Time and occasions for display:

(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 twenty-four 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; 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) 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.

Note (1): The 2009 NDAA clarified actions to be taken during the playing of the National Anthem. It authorizes individuals in uniform to give the military salute at the first note of the anthem and maintain that position until the last note. Members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; and all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart.

Note (2): On 29 JAN 08, President Bush signed a law amending federal code to allow a veteran to salute the U.S. flag while not in uniform in certain, but not all, situations. The amended federal code addresses actions for a viewer of the U.S. flag during its hoisting, lowering or passing. In these instances, the law allows a veteran in civilian attire to salute the flag. All other persons present should face the flag, 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. However, another section of federal code that specifically relates to actions of those reciting the Pledge of Allegiance was not amended. In this case, a veteran in civilian attire is not specifically authorized to render a hand salute during the Pledge. In any case, a veteran in civilian clothes is authorized to place their right hand over their heart as has been tradition.

Note (3): The Pledge of Allegiance received official recognition by Congress in an Act approved on 22 JUN 42. However, the pledge was first published in 1892 in the Youth's Companion magazine in Boston, Massachusetts to celebrate the 400th anniversary of the discovery of America, and was first used in public schools to celebrate Columbus Day on October 12, 1892. In its original version, the pledge read "my flag" instead of "the flag of the United States." the change in the wording was adopted by the National Flag Conference in 1923. The rationale for the change was that it prevented ambiguity among foreign-born children and adults who might have the flag of their native land in mind when reciting the pledge. The phrase "under God" was added to the pledge by a Congressional act approved on 14 JUN 54. At that time, President Eisenhower said: "in this way we are reaffirming the transcendence of religious faith in America's heritage and future; in this way we shall constantly strengthen those spiritual weapons which forever will be our country's most powerful resource in peace and war."
[Source: United States Code Title 36 Chap 10 Jun 09]