4 U.S.C. § 7 — Position and manner of display

Page 6 TITLE 4—FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES § 6 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 asso- ciation, 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 asso- ciation, 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 es- tate management association, means an owner of a residential property within a subdivision, develop- ment, or similar area subject to any policy or re- striction adopted by such association. ‘‘SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES. ‘‘A condominium association, cooperative associa- tion, 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 own- ership 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 oth- erwise 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 in- terest of the condominium association, cooperative association, or residential real estate management association.’’ § 6. 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 24 hours a day if properly illumi- nated during the hours of darkness. (b) The flag should be hoisted briskly and low- ered 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; Inau- guration Day, January 20; Martin Luther King Jr.’s birthday, third Monday in January; Lin- coln’s Birthday, February 12; Washington’s Birthday, third Monday in February; National Vietnam War Veterans Day, March 29; 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 Sep- tember; Constitution Day, September 17; Colum- bus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanks- giving 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. (Added Pub. L. 105–225, § 2(a), Aug. 12, 1998, 112 Stat. 1494; amended Pub. L. 106–80, § 1, Oct. 25, 1999, 113 Stat. 1285; Pub. L. 110–239, § 1, June 3, 2008, 122 Stat. 1559; Pub. L. 111–41, § 2, July 27, 2009, 123 Stat. 1962; Pub. L. 115–15, § 2, Mar. 28, 2017, 131 Stat. 79.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6 ................ 36:174. June 22, 1942, ch. 435, § 2, 56 Stat. 378; Dec. 22, 1942, ch. 806, § 2, 56 Stat. 1074; July 7, 1976, Pub. L. 94–344, (2)–(5), 90 Stat. 810. In subsection (d), the words ‘‘Veterans Day’’ are sub- stituted for ‘‘Armistice Day’’ because of the Act of June 1, 1954 (ch. 250, 68 Stat. 168). Editorial Notes AMENDMENTS 2017—Subsec. (d). Pub. L. 115–15 inserted ‘‘National Vietnam War Veterans Day, March 29;’’ after ‘‘third Monday in February;’’. 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 Lu- ther King Jr.’s birthday, third Monday in January;’’ after ‘‘January 20;’’. § 7. Position and manner of display The flag, when carried in a procession with an- other 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 rail- road 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 dur- ing church services conducted by naval chap- lains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall dis- play 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 Page 7 TITLE 4—FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES § 7 place within the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continu- ance of the practice heretofore followed of dis- playing the flag of the United Nations in a posi- tion 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 Na- tions. (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 hal- yard with the flag of the United States, the lat- ter 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 low- ered 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 dis- played, they are to be flown from separate staffs of the same height. The flags should be of ap- proximately equal size. International usage for- bids 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 dis- played 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 win- dow, 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 monu- ment, but it should never be used as the cov- ering 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 re- spect 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 Pres- idential instructions or orders, or in accordance with recognized customs or practices not incon- sistent 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 death of a member of the Armed Forces from any State, territory, or possession who dies while serving on active duty, or the death of a first responder working in any State, territory, or possession who dies while serving in the line of 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, members of the Armed Forces from the District of Columbia, and first responders working in 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, terri- tory, or possession or in the District of Colum- bia because of the death of a member of the Armed Forces, the National flag flown at any Federal installation or facility in the area cov- ered 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 Presi- dent, 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 posses- sion; 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 be- tween the top and bottom of the staff; (2) the term ‘‘executive or military depart- ment’’ means any agency listed under sections 101 and 102 of title 5; (3) the term ‘‘Member of Congress’’ means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico; and (4) the term ‘‘first responder’’ means a ‘‘pub- lic safety officer’’ as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284). Page 8 TITLE 4—FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES § 7 (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 cor- ridor 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. (Added Pub. L. 105–225, § 2(a), Aug. 12, 1998, 112 Stat. 1495; amended Pub. L. 110–41, § 3, June 29, 2007, 121 Stat. 233; Pub. L. 115–123, div. A, § 10102(a), (b), Feb. 9, 2018, 132 Stat. 64.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 7 ................ 36:175. June 22, 1942, ch. 435, § 3, 56 Stat. 378; Dec. 22, 1942, ch. 806, § 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, § 320922(b), 108 Stat. 2131. Editorial Notes AMENDMENTS 2018—Subsec. (m). Pub. L. 115–123, § 10102(a), in sixth sentence of introductory provisions, substituted ‘‘pos- session of the United States,’’ for ‘‘possession of the United States or’’ and ‘‘former officials of the District of Columbia,’’ for ‘‘former officials of the District of Columbia and’’ and inserted ‘‘or the death of a first re- sponder working in any State, territory, or possession who dies while serving in the line of duty,’’ after ‘‘while serving on active duty,’’ and ‘‘, and first responders working in the District of Columbia’’ before the period. Subsec. (m)(2). Pub. L. 115–123, § 10102(b)(1), sub- stituted a semicolon for ‘‘, United States Code; and’’. Subsec. (m)(4). Pub. L. 115–123, § 10102(b)(2), (3), added par. (4). 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, terri- tory, or possession of the United States’’ and sub- stituted ‘‘, 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 Co- lumbia because of the death of a member of the Armed Forces, the National flag flown at any Federal installa- tion or facility in the area covered by that proclama- tion shall be flown at half-staff consistent with that proclamation.’’ for period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–123, div. A, § 10102(c), Feb. 9, 2018, 132 Stat. 64, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall apply with respect to deaths of first responders occurring on or after the date of the enactment of this Act [Feb. 9, 2018].’’ FINDING Pub. L. 110–41, § 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 se- curity of the United States.’’ Executive Documents 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 Fed- eral buildings, grounds, and facilities upon the death of principal officials and former officials of the Govern- ment 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 Govern- ment, and as a guide to the people of the Nation gen- erally on such occasions: NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America and Com- mander 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 offi- cials 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 pe- riod 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 Sen- ate, the Majority Leader of the House of Representa- tives, or the Minority Leader of the House of Rep- resentatives: 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 fol- lowing 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 Com- monwealth 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 Gov- ernment 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 Page 9 TITLE 4—FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES § 9 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 oc- casions 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 Amer- ica 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. § 8. 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. Regi- mental 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 be- neath 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, except as may be necessary in limited circumstances and done in a respectful manner as part of a military or patriotic observance. (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 al- ways 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 deco- ration in general. (e) The flag should never be fastened, dis- played, 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, pic- ture, or drawing of any nature. (h) The flag should never be used as a recep- tacle for receiving, holding, carrying, or deliv- ering anything. (i) The flag should never be used for adver- tising 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 tem- porary 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 rep- lica, 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, pref- erably by burning. (Added Pub. L. 105–225, § 2(a), Aug. 12, 1998, 112 Stat. 1497; amended Pub. L. 118–159, div. A, title XVII, § 1703(a), Dec. 23, 2024, 138 Stat. 2208.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8 ................ 36:176. June 22, 1942, ch. 435, § 4, 56 Stat. 379; Dec. 22, 1942, ch. 806, § 4, 56 Stat. 1076; July 7, 1976, Pub. L. 94–344, (12)–(16), 90 Stat. 812. Editorial Notes AMENDMENTS 2024—Subsec. (c). Pub. L. 118–159 inserted ‘‘, except as may be necessary in limited circumstances and done in a respectful manner as part of a military or patriotic observance’’ after ‘‘aloft and free’’. Statutory Notes and Related Subsidiaries MODIFICATION OF DEPARTMENT OF DEFENSE POLICY Pub. L. 118–159, div. A, title XVII, § 1703(b), Dec. 23, 2024, 138 Stat. 2208, provided that: ‘‘The Secretary of Defense shall— ‘‘(1) rescind the February 10, 2023, Department of Defense memorandum entitled, ‘Clarification of De- partment of Defense Community Engagement Policy on Showing Proper Respect to the United States Flag’; and ‘‘(2) support military recruitment through public outreach events during patriotic and military observ- ances, including the display of the United States flag regardless of size and position, including hori- zontally, provided that, in accordance with section 8(b) of title 4, United States Code, the flag never touch anything beneath it, such as the ground, the floor, water, or merchandise.’’ § 9. 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 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 sa- lute. 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 mo- ment the flag passes. (Added Pub. L. 105–225, § 2(a), Aug. 12, 1998, 112 Stat. 1498; Pub. L. 110–181, div. A, title V, § 594, Jan. 28, 2008, 122 Stat. 138.)