United States Code, Title 36, Chapter 10


UNITED STATES CODE



What is the U.S. Code?

The United States Code is the official, subject matter order, compilation of the Federal laws of a general and permanent nature that are currently in force. In accordance with section 285b of title 2 of the U.S. Code, the Code is compiled by the Office of the Law Revision Counsel of the United States House of Representatives. The Code is divided into 50 titles by subject matter. Each title is divided into sections. Sections within a title may be grouped together as subtitles, chapters, subchapters, parts, subparts, or divisions. Titles may also have appendices which may be divided into sections, rules and/or forms.

The subjects covered by the 50 titles of the U.S. Code are:

1. General Provisions
2. The Congress
3. The President
4. Flag and Seal, Seat of Government, and the States
5. Government Organization and Employees
6. Surety Bonds (repealed by the enactment of Title 31)
7. Agriculture
8. Aliens and Nationality
9. Arbitration
10. Armed Forces
11. Bankruptcy
12. Banks and Banking
13. Census
14. Coast Guard
15. Commerce and Trade
16. Conservation
17. Copyrights
18. Crimes and Criminal Procedure
19. Customs Duties
20. Education
21. Food and Drugs
22. Foreign Relations and Intercourse
23. Highways
24. Hospitals and Asylums
25. Indians
26. Internal Revenue Code
27. Intoxicating Liquors
28. Judiciary and Judicial Procedure
29. Labor
30. Mineral Lands and Mining
31. Money and Finance
32. National Guard
33. Navigation and Navigable Waters
34. Navy (eliminated by the enactment of Title 10)
35. Patents
36. Patriotic Societies and Observations
37. Pay and Allowances of the Uniformed Services
38. Veterans' Benefits
39. Postal Service
40. Public Buildings, Property, and Works
41. Public Contracts
42. The Public Health and Welfare
43. Public Lands
44. Public Printing and Documents
45. Railroads
46. Shipping
47. Telegraphs, Telephones, and Radiotelegraphs
48. Territories and Insular Possessions
49. Transportation
50. War and National Defense


The "FLAG CODE"


Previous to Flag Day, June 14, 1923 there were no federal or state regulations governing display of the United States Flag. It was on this date that the National Flag Code was adopted by the National Flag Conference which was attended by representatives of the Army and Navy which had evolved their own procedures, and some 66 other national groups. This purpose of providing guidance based on the Army and Navy procedures relating to display and associated questions about the U. S. Flag was adopted by all organizations in attendance.

A few minor changes were made a year later during the Flag Day 1924 Conference, It was not until June 22, 1942 that Congress passed a joint resolution which was amended on December 22, 1942 to become Public Law 829; Chapter 806, 77th Congress, 2nd session. Exact rules for use and display of the flag (36 U.S.C. 173-178) as well as associated sections (36 U.S.C. 171) Conduct during Playing of the National Anthem, (36 U.S.C. 172) the Pledge of Allegiance to the Flag, and Manner of Delivery were included.

This code is the guide for all handling and display of the Stars and Stripes. It does not impose penalties for misuse of the United States Flag. That is left to the states and to the federal government for the District of Columbia. Each state has its own flag law.

Criminal penalties for certain acts of desecration to the flag were contained in Title 18 of the United States Code prior to 1989. The Supreme Court decision in Texas v. Johnson; June 21, 1989, held the statute unconstitutional. This statute was amended when the Flag Protection Act of 1989 (Oct. 28, 1989) imposed a fine and/or up to I year in prison for knowingly mutilating, defacing, physically defiling, maintaining on the floor or trampling upon any flag of the United States. The Flag Protection Act of 1989 was struck down by the Supreme Court decision, United States vs. Eichman, decided on June 11, 1990.

While the Code empowers the President of the United States to alter, modify, repeal or prescribe additional rules regarding the Flag, no federal agency has the authority to issue 'official' rulings legally binding on civilians or civilian groups. Consequently, different interpretations of various provisions of the Code may continue to be made. The Flag Code may be fairly tested: 'No disrespect should be shown to the Flag of the United States of America.' Therefore, actions not specifically included in the Code may be deemed acceptable as long as proper respect is shown.


UNITED STATES CODE



Where to Purchase a Copy of the U.S. Code

If you are using it for legal research, I urge you to verify your results with the printed U.S. Code available through the U.S. Government Printing Office. The printed U.S Code is available for purchase through the Government Printing Office (GPO) at (202) 512-1800, Monday through Friday, 8 a.m. to 4 p.m., eastern time. Orders can also be sent by mail to:

Superintendent of Documents
U.S. Government Printing Office
P.O. Box 371954
Pittsburgh, PA 15250-7954

GPO accepts checks, VISA, and MasterCard.

The U.S. Code is also available on CD-ROM from the Goverment Printing Office. The U.S. Code CD-ROM with the laws in effect as of January 2, 1992, (stock number 052-001-00438-8) is available for $34. The U.S. Code CD-ROM with the laws in effect as of January 4, 1993, (stock number 052-001-00389-6) will be available (January 17, 1995) for $36. The U.S. Code CD-ROM with the laws in effect as of January 24, 1994, is scheduled to be available March 31, 1995.


On-Line copy of the U.S. Code.


Source of document below: CD-ROM prepared and published by the Office of the Law Revision Counsel of the House of Representatives. It contains the laws in force on January 4, 1993.


UNITED STATES CODE

TITLE 36

CHAPTER 10


PATRIOTIC CUSTOMS


§170. National anthem; Star-Spangled Banner

The composition consisting of the words and music known as The Star-Spangled Banner is designated the national anthem of the United States of America.

§171. Conduct during playing

During rendition of the national anthem when the flag is displayed, all present except those in uniform should stand at attention facing the flag with the right hand over the heart. Men not in uniform should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should render the military salute at the first note of the anthem and retain this position until the last note. When the flag is not displayed, those present should face toward the music and act in the same manner they would if the flag were displayed there.

§172. Pledge of allegiance to the flag; manner of delivery

The Pledge of Allegiance to the Flag, 'I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.', should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute.

§173. Display and use of flag by civilians; codification of rules and customs; definition

The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America is established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States. The flag of the United States for the purpose of this chapter shall be defined according to sections 1 and 2 of title 4 and Executive Order 10834 issued pursuant thereto.

§174. Time and occasions for display


§175. Position and manner of display

The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag's own right, or, if there is a line of other flags, in front of the center of that line.

§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.

§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 herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation.

§179. Design for service flag; persons entitled to display flag

The Secretary of Defense is authorized and directed to approve a design for a service flag, which flag may be displayed in a window of the place of residence of persons who are members of the immediate family of a person serving in the armed forces of the United States during any period of war or hostilities in which the Armed Forces of the United States may be engaged.

§180. Design for service lapel button; persons entitled to wear button

The Secretary of Defense is also authorized and directed to approve a design for a service lapel button, which button may be worn by members of the immediate family of a person serving in the armed forces of the United States during any period of war or hostilities in which the Armed Forces of the United States may be engaged.

§181. Approval of designs by Secretary of Defense; license to manufacture and sell; penalties

Upon the approval by the Secretary of Defense of the design for such service flag and service lapel button, he shall cause notice thereof, together with a description of the approved flag and button, to be published in the Federal Register. Thereafter any person may apply to the Secretary of Defense for a license to manufacture and sell the approved service flag, or the approved service lapel button, or both. Any person, firm, or corporation who manufactures any such service flag or service lapel button without having first obtained such a license, or otherwise violates sections 179 to 182 of this title, shall, upon conviction thereof, be fined not more than $1,000.

§182. Rules and regulations

The Secretary of Defense is authorized to make such rules and regulations as may be necessary to carry out the provisions of sections 179 to 182 of this title.

§182a to 182d. Repealed. Pub. L. 89-534, § 2, Aug. 11, 1966, 80 Stat. 345


§183, 184. Repealed. Pub. L. 85-857, § 14(84), Sept. 2, 1958, 72 Stat. 1272


§185. Transferred


§186. National motto

The national motto of the United States is declared to be 'In God we trust.'

§187. National floral emblem

The flower commonly known as the rose is designated and adopted as the national floral emblem of the United States of America, and the President of the United States is authorized and requested to declare such fact by proclamation.

§188. National march

The composition by John Philip Sousa entitled 'The Stars and Stripes Forever' is hereby designated as the national march of the United States of America.

§189. Recognition of National League of Families POW/MIA flag

The National League of Families POW/MIA flag is hereby recognized officially and designated as the symbol of our Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoner, missing and unaccounted for in Southeast Asia, thus ending the uncertainty for their families and the Nation.


Miscellaneous References


UNITED STATES CODE

TITLE 4

CHAPTER 1 - THE FLAG


§1. Flag; stripes and stars on

The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field.


§ 2. Same; additional stars

On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission.


§ 3. Use of flag for advertising purposes; mutilation of flag

Any person who, within the District of Columbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature upon any flag, standard, colors, or ensign of the United States of America; or shall expose or cause to be exposed to public view any such flag, standard, colors, or ensign upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed any word, figure, mark, picture, design, or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell, expose for sale, or to public view, or give away or have in possession for sale, or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or otherwise placed a 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.


UNITED STATES CODE

TITLE 4

CHAPTER 2 - THE SEAL


§ 41. Seal of the United States

The seal heretofore used by the United States in Congress assembled is declared to be the seal of the United States.


§ 42. Same; custody and use of

The Secretary of State shall have the custody and charge of such seal. Except as provided by section 2902(a) of title 5, the seal shall not be affixed to any instrument without the special warrant of the President therefor.


UNITED STATES CODE

TITLE 5

PART III

CHAPTER 29 - COMMISSIONS, OATHS, RECORDS, AND REPORTS

SUBCHAPTER I - COMMISSIONS, OATHS, AND RECORDS

§ 2902. Commission; where recorded

(a) Except as provided by subsections (b) and (c) of this section, the Secretary of State shall make out and record, and affix the seal of the United States to, the commission of an officer appointed by the President. The seal of the United States may not be affixed to the commission before the commission has been signed by the President.


UNITED STATES CODE

TITLE 5 PART I

CHAPTER 1 - ORGANIZATION


§ 101. Executive departments

The Executive departments are:

The Department of State. The Department of the Treasury. The Department of Defense. The Department of Justice. The Department of the Interior. The Department of Agriculture. The Department of Commerce. The Department of Labor. The Department of Health and Human Services. The Department of Housing and Urban Development. The Department of Transportation. The Department of Energy. The Department of Education. The Department of Veterans Affairs.


§ 102. Military departments

The military departments are:

The Department of the Army. The Department of the Navy. The Department of the Air Force.


UNITED STATES CODE

TITLE 18

Part I. CRIMES AND CRIMINAL PROCEDURE

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

THIS TITLE WAS ENACTED BY ACT JUNE 25, 1948, CH. 645, SEC. 1, 62 STAT. 683

§ 700. Desecration of the flag of the United States; penalties


UNITED STATES CODE

TITLE 2

CHAPTER 9A - ORGANIZATION


§ 285b. Functions

The functions of the Office shall be as follows:


Updated: July 8, 1995 This page is maintained by Duane Streufert, [email protected].
Questions or comments welcome!



Home Page] [Table of Contents] [History] [Links to Web sites]

[Historic Flags] [Patriotic Writings] [Miscellaneous] [Etcetera] [Armed Forces]



Home Page ] [ Table of Contents ]

[ Historic Flags ] [ History ] [ Patriotic Writings ]

[ Miscellaneous ] [ & Etcetera ]

[ Links to Web Sites of Special Interest]