4 U.S.C. § 1 — Flag; stripes and stars on

Page 1 TITLE 4—FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES This title was enacted by act July 30, 1947, ch. 389, § 1, 61 Stat. 641 Chap. Sec. 1. The Flag ................................................. 1 2. The Seal ................................................. 41 3. Seat of the Government ..................... 71 4. The States ............................................. 101 5. Official Territorial Papers ................ 141 Editorial Notes AMENDMENTS 1951—Act Oct. 31, 1951, ch. 655, § 11, 65 Stat. 713, added item for chapter 5. Statutory Notes and Related Subsidiaries POSITIVE LAW; CITATION This title has been made positive law by section 1 of act July 30, 1947, ch. 389, 61 Stat. 641, which provided in part that: ‘‘title 4 of the United States Code, entitled ‘Flag and seal, Seat of Government, and the States’, is codified and enacted into positive law and may be cited as ‘4 U. S. C., § —’ ’’. REPEALS Section 2 of act July 30, 1947, provided that the sec- tions or parts thereof of the Statutes at Large or the Revised Statutes covering provisions codified in this Act are repealed insofar as the provisions appeared in former Title 4, and provided that any rights or liabil- ities now existing under the repealed sections or parts thereof shall not be affected by the repeal. TABLE SHOWING DISPOSITION OF ALL SECTIONS OF FORMER TITLE 4 Title 4 Former Sections Revised Statutes Statutes at Large Title 4 New Sections 1 ............. R.S. §§ 1791, 1792 ......................................... 1 2 ............. R.S. § 1792 .................................................. 2 3 ............. Feb. 8, 1917, ch. 34, 39 Stat. 900 .................. 3 4 ............. R.S. § 1793 .................................................. 41 5 ............. R.S. §§ 203 (first clause), 1794 ..................... 42 6 ............. R.S. § 1795 .................................................. 71 7 ............. R.S. § 1796 .................................................. 72 8 ............. R.S. § 4798 .................................................. 73 9 ............. R.S. § 1836 .................................................. 101 10 ........... R.S. § 1837 .................................................. 102 11 ........... R.S. § 1838 .................................................. 103 12 ........... June 16, 1936, ch. 582, § 10, 49 Stat. 1521 ...... 104 Oct. 9, 1940, ch. 787, § 7, 54 Stat. 1060. 13 ........... Oct. 9, 1940, ch. 787, § 1, 54 Stat. 1059 .......... 105 14 ........... Oct. 9, 1940, ch. 787, § 2, 54 Stat. 1060 .......... 106 15 ........... Oct. 9, 1940, ch. 787, § 3, 54 Stat. 1060 .......... 107 16 ........... Oct. 9, 1940, ch. 787, § 4, 54 Stat. 1060 .......... 108 17 ........... Oct. 9, 1940, ch. 787, § 5, 54 Stat. 1060 .......... 109 18 ........... Oct. 9, 1940, ch. 787, § 6, 54 Stat. 1060 .......... 110 CHAPTER 1—THE FLAG Sec. 1. Flag; stripes and stars on. 2. Same; additional stars. 3. Use of flag for advertising purposes; mutila- tion of flag. 4. Pledge of allegiance to the flag; manner of de- livery. 5. Display and use of flag by civilians; codifica- tion of rules and customs; definition. Sec. 6. Time and occasions for display. 7. Position and manner of display. 8. Respect for flag. 9. Conduct during hoisting, lowering or passing of flag. 10. Modification of rules and customs by Presi- dent. Editorial Notes AMENDMENTS 1998—Pub. L. 105–225, § 2(b), Aug. 12, 1998, 112 Stat. 1498, added items 4 to 10. § 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. (July 30, 1947, ch. 389, 61 Stat. 642.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–123, div. A, § 10101, Feb. 9, 2018, 132 Stat. 64, provided that: ‘‘This division [amending section 7 of this title and enacting provisions set out as a note under section 7 of this title] may be cited as the ‘Hon- oring Hometown Heroes Act’.’’ SHORT TITLE OF 2017 AMENDMENT Pub. L. 115–15, § 1, Mar. 28, 2017, 131 Stat. 79, provided that: ‘‘This Act [amending section 6 of this title] may be cited as the ‘Vietnam War Veterans Recognition Act of 2017’.’’ SHORT TITLE OF 2009 AMENDMENT Pub. L. 111–41, § 1, July 27, 2009, 123 Stat. 1962, pro- vided that: ‘‘This Act [amending section 6 of this title] may be cited as the ‘Korean War Veterans Recognition Act’.’’ SHORT TITLE OF 2007 AMENDMENT Pub. L. 110–41, § 1, June 29, 2007, 121 Stat. 233, provided that: ‘‘This Act [amending section 7 of this title and provisions set out as a note under section 7 of this title] may be cited as the ‘Army Specialist Joseph P. Micks Federal Flag Code Amendment Act of 2007’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–252, § 1, July 28, 2000, 114 Stat. 626, pro- vided that: ‘‘This Act [enacting sections 116 to 126 of this title and provisions set out as a note under section 116 of this title] may be cited as the ‘Mobile Tele- communications Sourcing Act’.’’ Executive Documents EXECUTIVE ORDER NO. 10798 Ex. Ord. No. 10798, Jan. 3, 1959, 24 F.R. 79, which pre- scribed proportions and sizes of flags until July 4, 1960, Page 2 TITLE 4—FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES § 1 was revoked by section 33 of Ex. Ord. No. 10834, set out as a note under this section. EX. ORD. NO. 10834. PROPORTIONS AND SIZES OF FLAGS AND POSITION OF STARS Ex. Ord. No. 10834, Aug. 21, 1959, 24 F.R. 6865, provided: WHEREAS the State of Hawaii has this day been ad- mitted into the Union; and WHEREAS section 2 of title 4 of the United States Code provides as follows: ‘‘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 ad- mission.’’; and WHEREAS the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended [see chap- ters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts] authorizes the President to prescribe policies and directives governing the procurement and utilization of property by executive agencies; and WHEREAS the interests of the Government require that orderly and reasonable provision be made for var- ious matters pertaining to the flag and that appro- priate regulations governing the procurement and uti- lization of national flags and union jacks by executive agencies be prescribed: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States and as Com- mander in Chief of the armed forces of the United States, and the Federal Property and Administrative Services Act of 1949, as amended [see Short Title of 1949 Act note under section 101 of Title 41, Public Con- tracts], it is hereby ordered as follows: PART I—DESIGN OF THE FLAG SECTION 1. The flag of the United States shall have thirteen horizontal stripes, alternate red and white, and a union consisting of white stars on a field of blue. SEC. 2. The positions of the stars in the union of the flag and in the union jack shall be as indicated on the attachment to this order, which is hereby made a part of this order. SEC. 3. The dimensions of the constituent parts of the flag shall conform to the proportions set forth in the attachment referred to in section 2 of this order. PART II—REGULATIONS GOVERNING EXECUTIVE AGENCIES SEC. 21. The following sizes of flags are authorized for executive agencies: Size Dimensions of Flag Hoist (width) Fly (length) Feet Feet (1) ................................................................ 20.00 38.00 (2) ................................................................ 10.00 19.00 (3) ................................................................ 8.95 17.00 (4) ................................................................ 7.00 11.00 (5) ................................................................ 5.00 9.50 (6) ................................................................ 4.33 5.50 (7) ................................................................ 3.50 6.65 (8) ................................................................ 3.00 4.00 (9) ................................................................ 3.00 5.70 (10) .............................................................. 2.37 4.50 (11) .............................................................. 1.32 2.50 SEC. 22. Flags manufactured or purchased for the use of executive agencies: (a) Shall conform to the provisions of Part I of this order, except as may be otherwise authorized pursuant to the provisions of section 24, or except as otherwise authorized by the provisions of section 21, of this order. (b) Shall conform to the provisions of section 21 of this order, except as may be otherwise authorized pur- suant to the provisions of section 24 of this order. SEC. 23. The exterior dimensions of each union jack manufactured or purchased for executive agencies shall equal the respective exterior dimensions of the union of a flag of a size authorized by or pursuant to this order. The size of the union jack flown with the national flag shall be the same as the size of the union of that na- tional flag. SEC. 24. (a) The Secretary of Defense in respect of procurement for the Department of Defense (including military colors) and the Administrator of General Services in respect of procurement for executive agen- cies other than the Department of Defense may, for cause which the Secretary or the Administrator, as the case may be, deems sufficient, make necessary minor adjustments in one or more of the dimensions or pro- portionate dimensions prescribed by this order, or au- thorize proportions or sizes other than those prescribed by section 3 or section 21 of this order. (b) So far as practicable, (1) the actions of the Sec- retary of Defense under the provisions of section 24(a) of this order, as they relate to the various organiza- tional elements of the Department of Defense, shall be coordinated, and (2) the Secretary and the Adminis- trator shall mutually coordinate their actions under that section. SEC. 25. Subject to such limited exceptions as the Secretary of Defense in respect of the Department of Defense, and the Administrator of General Services in respect of executive agencies other than the Depart- ment of Defense, may approve, all national flags and union jacks now in the possession of executive agen- cies, or hereafter acquired by executive agencies under contracts awarded prior to the date of this order, in- cluding those so possessed or so acquired by the Gen- eral Services Administration, for distribution to other agencies, shall be utilized until unserviceable. PART III—GENERAL PROVISIONS SEC. 31. The flag prescribed by Executive Order No. 10798 of January 3, 1959, shall be the official flag of the United States until July 4, 1960, and on that date the flag prescribed by Part I of this order shall become the official flag of the United States; but this section shall neither derogate from section 24 or section 25 of this order nor preclude the procurement, for executive agencies, of flags provided for by or pursuant to this order at any time after the date of this order. SEC. 32. As used in this order, the term ‘‘executive agencies’’ means the executive departments and inde- pendent establishments in the executive branch of the Government, including wholly-owned Government cor- porations. SEC. 33. Executive Order No. 10798 of January 3, 1959, is hereby revoked. DWIGHT D. EISENHOWER. Page 3 TITLE 4—FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES § 4 Standard proportions Hoist (width) of flag 1.0 Fly (length) of flag 1.9 Hoist (width) of Union 0.5385 (7⁄13) Fly (length) of Union 0.76 0.054 0.054 0.063 0.063 Diameter of star 0.0616 Width of stripe 0.0769 (1⁄13) A B C D E F G H K L § 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 ad- mission. (July 30, 1947, ch. 389, 61 Stat. 642.) § 3. Use of flag for advertising purposes; mutila- tion of flag Any person who, within the District of Colum- bia, in any manner, for exhibition or display, shall place or cause to be placed any word, fig- ure, mark, picture, design, drawing, or any ad- vertisement of any nature upon any flag, stand- ard, 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 manufac- ture, 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 arti- cle 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, at- tached, or otherwise placed a representation of any such flag, standard, colors, or ensign, to ad- vertise, call attention to, decorate, mark, or dis- tinguish 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 thir- ty 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 sub- stance, of any size evidently purporting to be ei- ther 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 see- ing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the United States of America. (July 30, 1947, ch. 389, 61 Stat. 642; Pub. L. 90–381, § 3, July 5, 1968, 82 Stat. 291.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–381 struck out ‘‘; or who, within the District of Columbia, shall publicly mutilate, deface, defile or defy, trample upon, or cast contempt, either by word or act, upon any such flag, standard, colors, or ensign,’’ after ‘‘substance on which so placed’’. § 4. 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