The United States Flag or National Ensign Rules,Regulations,Code and Etiquette

See complete order of precedence below

There are new flag codes changes and congressional acts please visit and click on this web site  www1.va.gov/opa/feature/celebrate/powmia.asp     www.ushistory.org/betsy/flagetiq.html

---

Title 36, United States Code (USC), Chapter 10
As amended by Public Law 344, 94th Congress Approved July 7,1976

§ 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 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 purposes 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; hoisting and lowering

(a) It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flag staffs 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) - last Monday in May
Flag Day - June 14
Independence Day - July 4
Labor Day - first Monday - 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
Other days as may be proclaimed by the President of the United States
Birthdays of States (date of admission)
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.

 

 

Marine Corps Flag Raising on
Mount Surbiachi for the Battle of IWO JIMA
February 1945

 

§ 175. Position and manner of display

(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, 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 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 internment 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; and

·         (3) the term "Member of Congress" means a Senator, a Representative, a Delegate, or the Resident Commissioner for 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.

§ 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. 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 napkin 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.

§ 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. 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.

§ 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 in section 171-178 of this title, 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.  

---

 THE FLAG CODE.pdf     Required to fly the POW/MIA flag !     Operation Just Cause    THE FLAG CODE.htm  

---

Note: National POW/MIA Recognition Day,
usually the third Friday in September, is determined each year by the
President.

The House Resolution:
H.R.1119 National Defense Authorization Act for Fiscal Year 1998 (Passed
by the House)
SEC. 1054. DISPLAY OF POW/MIA FLAG.
(a) REQUIRED DISPLAY- The POW/MIA flag shall be displayed at the
locations specified in subsection (c)
each year on POW/MIA flag display days. Such display shall serve (1)
as the symbol of the Nation's concern
and commitment to achieving the fullest possible accounting of
Americans who, having been prisoners of
war or missing in action, still remain unaccounted for, and (2) as
the symbol of the Nation's commitment to
achieving the fullest possible accounting for Americans who in the
future may become prisoners of war,
missing in action, or otherwise unaccounted for as a result of
hostile action.
(b) DAYS FOR FLAG DISPLAY- (1) For purposes of this section, POW/MIA
flag display days are the following:
(A) Armed Forces Day, the third Saturday in May.
(B) Memorial Day, the last Monday in May.
(C) Flag Day, June 14.
(D) Independence Day, July 4.
(E) National POW/MIA Recognition Day.
(F) Veterans Day, November 11.
(2) In the case of display at United States Postal Service post
offices (required by subsection (c)(8)),
POW/MIA flag display days in any year include, in addition to the
days specified in paragraph (1), the last
business day before each such day that itself is not a business day.
(c) LOCATIONS FOR FLAG DISPLAY- The locations for the display of the
POW/MIA flag under this section
are the following:
(1) The Capitol.
(2) The White House.
(3) The Korean War Veterans Memorial and the Vietnam Veterans
Memorial.
(4) Each national cemetery.
(5) The buildings containing the primary offices of--
(A) the Secretary of State;
(B) the Secretary of Defense;
(C) the Secretary of Veterans Affairs; and
(D) the Director of the Selective Service System.
(6) Each major military installation, as designated by the
Secretary of Defense.
(7) Each Department of Veterans Affairs medical center.
(8) Each United States Postal Service post office.
(d) COORDINATION WITH OTHER DISPLAY REQUIREMENT- Display of the
POW/MIA flag at the Capitol
pursuant to paragraph (1) of subsection (c) is in addition to the
display of that flag in the Rotunda of the
Capitol required by Senate Concurrent Resolution 5 of the 101st
Congress, agreed to on February 22, 1989
(103 Stat. 2533).
(e) REQUIREMENTS CONCERNING DISPLAY AT SPECIFIED LOCATIONS- (1)
Display of the POW/MIA flag at
the buildings specified in paragraphs (1), (2), (5), and (7) of
subsection (c) shall be on, or on the grounds of,
each such building.
(2) Display of that flag pursuant to paragraph (5) of subsection (c)
at the buildings containing the primary
offices of the officials specified in that paragraph shall be in an
area visible to the public.
(3) Display of that flag at United States Postal Service post offices
pursuant to paragraph (8) of subsection
(c) shall be on the grounds or in the public lobby of each such post
office.
(f) POW/MIA FLAG DEFINED- As used in this section, the term `POW/MIA
flag' means the National League
of Families POW/MIA flag recognized officially and designated by
section 2 of Public Law 101-355 (36
U.S.C. 189).
(g) REGULATIONS FOR IMPLEMENTATION- Within 180 days after the date of
the enactment of this Act, the
head of each department, agency, or other establishment responsible
for a location specified in subsection
(c) (other than the Capitol) shall prescribe such regulations as
necessary to carry out this section.
(h) PROCUREMENT AND DISTRIBUTION OF FLAGS- Within 30 days after the
date of the enactment of this
Act, the Administrator of General Services shall procure POW/MIA
flags and distribute them as necessary to
carry out this section.

The General Services Administration (GSA) Bulletin:

Archive-Name: gov/us/fed/nara/fed-register/1998/mar/26/63FR14715B
Posting-number: Volume 63, Issue 58, Page 14715B
[Federal Register: March 26, 1998 (Volume 63, Number 58)]
[Notices]
[Page 14715-14716]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr98-86]
===========================================================
GENERAL SERVICES ADMINISTRATION
[GSA Bulletin FPMR D-248]
Public Buildings and Space
To: Heads of Federal Agencies
Subject: POW/MIA Flag Display
1. What is the purpose of this bulletin? This bulletin notifies
Federal agencies of the implementation guidelines of section 1082, Display
of POW/MIA Flag, of the National Defense Authorization Act for
Fiscal Year 1998, Pub. L. 105-85 (H.R. 1119, 111 Stat. 1629), enacted
November 18, 1997. This law replaces section 1084 of Pub. L. 102-190 (36
U.S.C. 189 note).
2. When does this bulletin expire? This bulletin does not expire
unless the Act is amended, superseded, or cancelled.
3. Who does this Act apply to? Federal establishments with
responsibility for the following locations:
(a) Capitol;
(b) White House;
(c) Korean War Veterans Memorial and Vietnam Veterans Memorial;
(d) National cemeteries;
(e) Buildings containing the official offices of:
(1) Secretary of State;
(2) Secretary of Defense;
(3) Secretary of Veterans Affairs; and
(4) Director of Selective Service System;
(f) Major military installations, as designated by the Secretary of
Defense;
(g) Department of Veterans Affairs medical centers;
(h) United States Postal Service post offices.
4. What action must I take? If this bulletin applies to your Federal
establishment, you must prescribe any implementation regulations necessary
to carry out this section of the Act by May 17, 1998. (If you are
responsible for the Capitol this action is not needed.) Regulations must
follow the general guidelines established by the Act outlined in this
bulletin.
a. When do we display our POW/MIA flag?
You fly the flag on the following six days:
[[Page 14716]]
(a) Armed Forces Day, third Saturday in May;
(b) Memorial Day, last Monday in May;
(c) Flag Day, June 14;
(d) Independence Day, July 4;
(e) National POW/MIA Recognition Day (not determined as of the date of
this law);
(f) Veterans Day, November 11.
(1) What exceptions are there to the days we display our flag? At
United States Postal Service post offices that are not open for business
on any of the six days listed in the above paragraph, the flag must be
displayed on the last business day before that day in lieu of the
specified day.
(2) What other days do we display our flag? At Department of Veterans
Affairs medical centers the flag must also be displayed every day the
United States flag is displayed.
b. How do I display the POW/MIA flag? The flag is to be visible to the
public. The flag is not to require an employee to report to work solely
for the purpose of displaying the flag. Additional implementation
regulations are to be prescribed as necessary by the individual Federal
establishments affected by this law. If you are responsible for the
Capitol building, the display of this POW/MIA flag is in addition to the
display of the POW/MIA flag in the Rotunda of the Capitol as required by
Senate Resolution 5 of the 101st Congress (103
Stat. 2533).
c. Why display the POW/MIA flag? Display of the POW/MIA flag is a
symbol of our Nation's concern and commitment to accounting for all
Americans who remain, or in the future may become, unaccounted for as
prisoners of war, missing in action, or otherwise unaccounted for as a
result of hostile action.
d. What flag is the official POW/MIA flag? The official POW/MIA
flag is the National League of Families POW/MIA flag, as designated by
section 2 of Pub. L. 101-355 (36 U.S.C. 189).
5. Who distributes official POW/MIA flags? GSA distributes official
POW/MIA flags. You can obtain flags through GSA's Federal Supply Service
by your usual ordering procedures. Ordering options include GSA
Advantage!TK, GSA's on-line shopping service at http://www.fss.gsa.gov,
FEDSTRIP, MILSTRIP, or Customer Supply Centers. For assistance contact
GSA's National Customer Service Center on 1-800-448-3111 or DSN 465-1416.
6. Where can I get further information about this bulletin? You can
contact Stanley C. Langfeld, Director, Real Property Policy Division,
Office of Real Property, on (202) 501-1737.
Dated: March 19, 1998.
G. Martin Wagner,
Associate Administrator, Governmentwide Policy.
[FR Doc. 98-7923 Filed 3-25-98; 8:45 am]
BILLING CODE 6820-23-P

The United States Postal Service Notice:

Release No. 43 POSTAL FACILITIES TO FLY POW-MIA FLAGS

May 15, 1998
FOR IMMEDIATE RELEASE
Release No. 43
USPS website: http://www.usps.com
POSTAL FACILITIES TO FLY POW-MIA FLAGS
WASHINGTON -- On six designated holidays, U.S. Postal Service
facilities will fly the POW-MIA flag in remembrance of those
captured and missing in military actions.
On November 18, 1997 President Clinton signed into law the Defense
Authorization Bill. As part of this legislation the U.S. Postal
Service, plus other selected government agencies, are now required
to fly the POW/MIA flag on six designated days each year. These
days are:
Armed Forces Day, the third Saturday in May;
Memorial Day, the last Monday in May;
Flag Day, June 14;
Independence Day, July 4;
National POW/MIA Recognition Day, usually the third Friday in
September (as determined each year by the President); and
Veterans Day, November 11.
The Postal Service first recognized the POW-MIA issue by creating
and producing a 6-cent commemorative stamp in 1970, followed by a
32-cent commemorative postage stamp in 1995 featuring "dog-tags"
with the inscription POW-MIA – Never forgotten.
"As one of the nation’s largest employers of veterans and as
active members of the communities in which we serve, the Postal
Service and its employees are proud to participate in this
remembrance," said newly appointed Postmaster General William J.
Henderson.
 

---