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4 U.S.C. § 10 — Modification of rules and customs by Presi-

Federal law — U.S. Code and appendices · legal_authorities

4 U.S.C. § 10 — Modification of rules and customs by Presi-

Page 10 TITLE 4—FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES § 10 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 9 ................ 36:177. June 22, 1942, ch. 435, § 5, 56 Stat. 380; Dec. 22, 1942, ch. 806, § 5, 56 Stat. 1077; July 7, 1976, Pub. L. 94–344, (17), 90 Stat. 812. Editorial Notes AMENDMENTS 2008—Pub. L. 110–181 substituted ‘‘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 salute. All other persons present should face the flag and stand at attention with their right hand over the heart, or if ap- plicable, 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.’’ for ‘‘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.’’ § 10. Modification of rules and customs by Presi- dent 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 re- pealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, when-

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Page 10 TITLE 4—FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES § 10 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 9 ................ 36:177. June 22, 1942, ch. 435, § 5, 56 Stat. 380; Dec. 22, 1942, ch. 806, § 5, 56 Stat. 1077; July 7, 1976, Pub. L. 94–344, (17), 90 Stat. 812. Editorial Notes AMENDMENTS 2008—Pub. L. 110–181 substituted ‘‘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 salute. All other persons present should face the flag and stand at attention with their right hand over the heart, or if ap- plicable, 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.’’ for ‘‘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.’’ § 10. Modification of rules and customs by Presi- dent 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 re- pealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, when- ever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation. (Added Pub. L. 105–225, § 2(a), Aug. 12, 1998, 112 Stat. 1498.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 10 ............... 36:178. June 22, 1942, ch. 435, § 8, 56 Stat. 380; Dec. 22, 1942, ch. 806, § 8, 56 Stat. 1077; July 7, 1976, Pub. L. 94–344, (20), 90 Stat. 813. Editorial Notes REFERENCES IN TEXT Herein, referred to in text, means sections 4 to 10 of this title. Executive Documents PROC. NO. 2605. THE FLAG OF THE UNITED STATES Proc. No. 2605, Feb. 18, 1944, 9 F.R. 1957, 58 Stat. 1126, provided: The flag of the United States of America is univer- sally representative of the principles of the justice, lib- erty, and democracy enjoyed by the people of the United States; and People all over the world recognize the flag of the United States as symbolic of the United States; and The effective prosecution of the war requires a proper understanding by the people of other countries of the material assistance being given by the Government of the United States: NOW, THEREFORE, by virtue of the power vested in me by the Constitution and laws of the United States, particularly by the Joint Resolution approved June 22, 1942, as amended by the Joint Resolution approved De- cember 22, 1942 [now sections 4 to 10 of this title], as President and Commander in Chief, it is hereby pro- claimed as follows: 1. The use of the flag of the United States or any rep- resentation thereof, if approved by the Foreign Eco- nomic Administration, on labels, packages, cartons, cases, or other containers for articles or products of the United States intended for export as lend-lease aid, as relief and rehabilitation aid, or as emergency supplies for the Territories and possessions of the United States, or similar purposes, shall be considered a proper use of the flag of the United States and consistent with the honor and respect due to the flag. 2. If any article or product so labelled, packaged or otherwise bearing the flag of the United States or any representation thereof, as provided for in section 1, should, by force of circumstances, be diverted to the or- dinary channels of domestic trade, no person shall be considered as violating the rules and customs per- taining to the display of the flag of the United States, as set forth in the Joint Resolution approved June 22, 1942, as amended by the Joint Resolution approved De- cember 22, 1942 (U.S.C., Supp. II, title 36, secs. 171–178) [now sections 4 to 10 of this title] for possessing, trans- porting, displaying, selling or otherwise transferring any such article or product solely because the label, package, carton, case, or other container bears the flag of the United States or any representation thereof. CHAPTER 2—THE SEAL Sec. 41. Seal of the United States. 42. Same; custody and use of. § 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. (July 30, 1947, ch. 389, 61 Stat. 643.) § 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 af- fixed to any instrument without the special war- rant of the President therefor. (July 30, 1947, ch. 389, 61 Stat. 643; Pub. L. 89–554, § 2(a), Sept. 6, 1966, 80 Stat. 608.) Editorial Notes AMENDMENTS 1966—Pub. L. 89–554 struck out provisions which re- quired the Secretary of State to make out and record, and to affix the seal to, all civil commissions for offi- cers of the United States appointed by the President. See section 2902(a) of Title 5, Government Organization and Employees. Executive Documents EX. ORD. NO. 10347. AFFIXING OF SEAL WITHOUT SPECIAL WARRANT Ex. Ord. No. 10347, Apr. 18, 1952, 17 F.R. 3521, as amended by Ex. Ord. No. 11354, May 23, 1967, 32 F.R. 7695; Ex. Ord. No. 11517, Mar. 19, 1970, 35 F.R. 4937, pro- vided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code (section 10, Public

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Federal law — U.S. Code and appendices · legal_authorities

4 U.S.C. § 10 — 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.

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