4 U.S.C. § 42 — Same; custody and use of

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 Page 11 TITLE 4—FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES § 102 1 So in original. Does not conform to section catchline. 2 So in original. Probably should be followed by a period. Law 248, approved October 31, 1951, 65 Stat. 713), and as President of the United States, I hereby authorize and direct the Secretary of State to affix the Seal of the United States, pursuant to section 42 of title 4 of the United States Code [this section], without any special warrant therefor, other than this order, to each docu- ment included within any of the following classes of documents when such document has been signed by the President and, in the case of any such document to which the counter-signature of the Secretary of State is required to be affixed, has been counter-signed by the said Secretary: 1. Proclamations by the President of treaties, conven- tions, protocols, or other international agreements. 2. Instruments of ratification of treaties. 3. Full powers to negotiate treaties and to exchange ratifications. 4. Letters of credence and recall and other commu- nications from the President to heads of foreign gov- ernments. 5. Exequaturs issued to those foreign consular officers in the United States whose commissions bear the signa- ture of the chief of state which they represent. CHAPTER 3—SEAT OF THE GOVERNMENT Sec. 71. Permanent seat of Government. 72. Public offices; at seat of Government. 73. Same; removal from seat of Government. § 71. Permanent seat of Government All that part of the territory of the United States included within the present limits of the District of Columbia shall be the permanent seat of government of the United States. (July 30, 1947, ch. 389, 61 Stat. 643.) § 72. Public offices; at seat of Government All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law. (July 30, 1947, ch. 389, 61 Stat. 643.) § 73. Same; removal from seat of Government In case of the prevalence of a contagious or epidemic disease at the seat of government, the President may permit and direct the removal of any or all the public offices to such other place or places as he shall deem most safe and conven- ient for conducting the public business. (July 30, 1947, ch. 389, 61 Stat. 643.) CHAPTER 4—THE STATES Sec. 101. Oath by members of legislatures and officers. 102. Same; by whom administered. 103. Assent to purchase of lands for forts. 104. Tax on motor fuel sold on military or other reservation; reports to State taxing author- ity. 105. State, etc., taxation affecting Federal areas; sales or use tax.1 106. Same; income tax. 107. Same; exception of United States, its instru- mentalities, and authorized purchasers therefrom. 108. Same; jurisdiction of United States over Fed- eral areas unaffected. 109. Same; exception of Indians. 110. Same; definitions. 111. Same; taxation affecting Federal employees; income tax. 112. Compacts between States for cooperation in prevention of crime; consent of Congress. 113. Residence of Members of Congress for State income tax laws. 114. Limitation on State income taxation of cer- tain pension income 2 115. Limitation on State authority to tax com- pensation paid to individuals performing services at Fort Campbell, Kentucky. 116. Rules for determining State and local govern- ment treatment of charges related to mo- bile telecommunications services. 117. Sourcing rules. 118. Limitations. 119. Electronic databases for nationwide standard numeric jurisdictional codes. 120. Procedure if no electronic database provided. 121. Correction of erroneous data for place of pri- mary use. 122. Determination of place of primary use. 123. Scope; special rules. 124. Definitions. 125. Nonseverability. 126. No inference. Editorial Notes AMENDMENTS 2000—Pub. L. 106–252, § 2(b), July 28, 2000, 114 Stat. 633, added items 116 to 126. 1998—Pub. L. 105–261, div. A, title X, § 1075(a)(2), Oct. 17, 1998, 112 Stat. 2138, added item 115. 1996—Pub. L. 104–95, § 1(b), Jan. 10, 1996, 109 Stat. 980, added item 114. 1977—Pub. L. 95–67, § 1(b), July 19, 1977, 91 Stat. 271, added item 113. 1966—Pub. L. 89–554, § 2(b), Sept. 6, 1966, 80 Stat. 608, added item 111 and redesignated former item 111 as 112. 1949—Act May 24, 1949, ch. 139, § 129(a), 63 Stat. 107, added item 111. Statutory Notes and Related Subsidiaries CIVIL AND CRIMINAL JURISDICTION OVER INDIANS Amendment of State Constitutions to remove legal impediment to the assumption of civil and criminal ju- risdiction in accordance with the provisions of section 1162 of Title 18 and section 1360 of Title 28, see act Aug. 15, 1953, ch. 505, § 6, 67 Stat. 590, set out as a note under section 1360 of Title 28, Judiciary and Judicial Proce- dure. Consent of United States to other States to assume jurisdiction with respect to criminal offenses or civil causes of action, or with respect to both, as provided for in section 1162 of Title 18 and section 1360 of Title 28, see act Aug. 15, 1953, ch. 505, § 7, 67 Stat. 590, set out as a note under section 1360 of Title 28. § 101. Oath by members of legislatures and offi- cers Every member of a State legislature, and every executive and judicial officer of a State, shall, before he proceeds to execute the duties of his office, take an oath in the following form, to wit: ‘‘I, A B, do solemnly swear that I will sup- port the Constitution of the United States.’’ (July 30, 1947, ch. 389, 61 Stat. 643.) § 102. Same; by whom administered Such oath may be administered by any person who, by the law of the State, is authorized to ad-