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Title 4—Flag and Seal, Seat of Government, and the States

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Title 4—Flag and Seal, Seat of Government, and the States 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. Sec. 1. The Flag ................................................. 1 9. Conduct during hoisting, lowering or passing of 2. The Seal ................................................. 41 flag. 10. Modification of rules and customs by President. 3. Seat of the Government .................... 71 4. The States ............................................. 101 Amendments 5. Official Territorial Papers ................ 141 1998—Pub. L. 105–225, § 2(b), Aug. 12, 1998, 112 Stat. 1498, Amendments added items 4 to 10. 1951—Act Oct. 31, 1951, ch. 655, § 11, 65 Stat. 713, added item for chapter 5. § 1. Flag; stripes and stars on The flag of the United States shall be thirteen Positive Law; Citation horizontal stripes, alternate red and white; and This title has been made positive law by section 1 of the union of the flag shall be forty-eight stars, act July 30, 1947, ch. 389, 61 Stat. 641, which provided in white in a blue field. part that: “title 4 of the United States Code, entitled ‘Flag and seal, Seat of Government, and the States’, is (July 30, 1947, ch. 389, 61 Stat. 642.) codified and enacted into positive law and may be cited as ‘4 U. S. C., § —’ ”. Short Title of 2018 Amendment Pub. L. 115–123, div. A, § 10101, Feb. 9, 2018, 132 Stat. 64, Repeals provided that: “This division [amending section 7 of this Section 2 of act July 30, 1947, provided that the sec- title and enacting provisions set out as a note under sec- tions or parts thereof of the Statutes at Large or the tion 7 of this title] may be cited as the ‘Honoring Home- Revised Statutes covering provisions codified in this Act town Heroes Act’.” are repealed insofar as the provisions appeared in former Title 4, and provided that any rights or liabilities now Short Title of 2017 Amendment existing under the repealed sections or parts thereof shall Pub. L. 115–15, § 1, Mar. 28, 2017, 131 Stat. 79, provided not be affected by the repeal. that: “This Act [amending section 6 of this title] may be cited as the ‘Vietnam War Veterans Recognition Act of Table Showing Disposition of All Sections of 2017’.” Former Title 4 Short Title of 2009 Amendment Title 4 Title 4 Former Revised Statutes New Statutes at Large Pub. L. 111–41, § 1, July 27, 2009, 123 Stat. 1962, provided Sections Sections that: “This Act [amending section 6 of this title] may be 1 .......... R.S. §§ 1791, 1792 ................................. 1 cited as the ‘Korean War Veterans Recognition Act’.” 2 .......... R.S. § 1792 ........................................ 2 3 .......... Feb. 8, 1917, ch. 34, 39 Stat. 900 .............. 3 Short Title of 2007 Amendment 4 .......... R.S. § 1793 ........................................ 41 5 .......... R.S. §§ 203 (first clause), 1794 ................. 42 Pub. L. 110–41, § 1, June 29, 2007, 121 Stat. 233, provided 6 .......... R.S. § 1795 ........................................ 71 7 .......... R.S. § 1796 ........................................ 72 that: “This Act [amending section 7 of this title and pro- 8 .......... R.S. § 4798 ........................................ 73 visions set out as a note under section 7 of this title] 9 .......... R.S. § 1836 ........................................ 101 may be cited as the ‘Army Specialist Joseph P. Micks 10 ........ R.S. § 1837 ........................................ 102 11 ........ R.S. § 1838 ........................................ 103 Federal Flag Code Amendment Act of 2007’.” 12 ........ June 16, 1936, ch. 582, § 10, 49 Stat. 1521 .... 104 Oct. 9, 1940, ch. 787, § 7, 54 Stat. 1060. Short Title of 2000 Amendment 13 ........ Oct. 9, 1940, ch. 787, § 1, 54 Stat. 1059 ........ 105 14 ........ Oct. 9, 1940, ch. 787, § 2, 54 Stat. 1060 ........ 106 Pub. L. 106–252, § 1, July 28, 2000, 114 Stat. 626, provided 15 ........ Oct. 9, 1940, ch. 787, § 3, 54 Stat. 1060 ........ 107 16 ........ Oct. 9, 1940, ch. 787, § 4, 54 Stat. 1060 ........ 108 that: “This Act [enacting sections 116 to 126 of this title 17 ........ Oct. 9, 1940, ch. 787, § 5, 54 Stat. 1060 ........ 109 and provisions set out as a note under section 116 of this 18 ........ Oct. 9, 1940, ch. 787, § 6, 54 Stat. 1060 ........ 110 title] may be cited as the ‘Mobile Telecommunications Sourcing Act’.” CHAPTER 1—THE FLAG Executive Order No. 10798 Sec. Ex. Ord. No. 10798, Jan. 3, 1959, 24 F.R. 79, which pre- 1. Flag; stripes and stars on. scribed proportions and sizes of flags until July 4, 1960, 2. Same; additional stars. was revoked by section 33 of Ex. Ord. No. 10834, set out as 3. Use of flag for advertising purposes; mutilation a note under this section. of flag. Ex. Ord. No. 10834. Proportions and Sizes of Flags 4. Pledge of allegiance to the flag; manner of de- and Position of Stars livery. 5. Display and use of flag by civilians; codifica- Ex. Ord. No. 10834, Aug. 21, 1959, 24 F.R. 6865, provided: tion of rules and customs; definition. WHEREAS the State of Hawaii has this day been ad- 6. Time and occasions for display. mitted into the Union; and 7. Position and manner of display. WHEREAS section 2 of title 4 of the United States 8. Respect for flag. Code provides as follows: “On the admission of a new Page 705 § 1 TITLE 4—FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES Page 706 State into the Union one star shall be added to the union to the provisions of section 24, or except as otherwise au- of the flag; and such addition shall take effect on the thorized by the provisions of section 21, of this order. fourth day of July then next succeeding such admis- (b) Shall conform to the provisions of section 21 of this sion.”; and order, except as may be otherwise authorized pursuant WHEREAS the Federal Property and Administrative to the provisions of section 24 of this order. Services Act of 1949 (63 Stat. 377), as amended [see chap- Sec. 23. The exterior dimensions of each union jack ters 1 to 11 of Title 40, Public Buildings, Property, and manufactured or purchased for executive agencies shall Works, and division C (except sections 3302, 3307(e), 3501(b), equal the respective exterior dimensions of the union of 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public a flag of a size authorized by or pursuant to this order. Contracts] authorizes the President to prescribe policies The size of the union jack flown with the national flag and directives governing the procurement and utilization shall be the same as the size of the union of that na- of property by executive agencies; and tional flag. WHEREAS the interests of the Government require that orderly and reasonable provision be made for var- Sec. 24. (a) The Secretary of Defense in respect of pro- curement for the Department of Defense (including mili- ious matters pertaining to the flag and that appropriate regulations governing the procurement and utilization of tary colors) and the Administrator of General Services national flags and union jacks by executive agencies be in respect of procurement for executive agencies other than the Department of Defense may, for cause which prescribed: NOW, THEREFORE, by virtue of the authority vested the Secretary or the Administrator, as the case may be, in me as President of the United States and as Com- deems sufficient, make necessary minor adjustments in one or more of the dimensions or proportionate dimen- mander in Chief of the armed forces of the United States, and the Federal Property and Administrative Services sions prescribed by this order, or authorize proportions Act of 1949, as amended [see Short Title of 1949 Act note or sizes other than those prescribed by section 3 or sec- under section 101 of Title 41, Public Contracts], it is here- tion 21 of this order. by ordered as follows: (b) So far as practicable, (1) the actions of the Secre- tary of Defense under the provisions of section 24(a) of Part I—Design of the Flag this order, as they relate to the various organizational Section 1. The flag of the United States shall have elements of the Department of Defense, shall be coordi- thirteen horizontal stripes, alternate red and white, and nated, and (2) the Secretary and the Administrator shall a union consisting of white stars on a field of blue. mutually coordinate their actions under that section. Sec. 2. The positions of the stars in the union of the Sec. 25. Subject to such limited exceptions as the Sec- flag and in the union jack shall be as indicated on the retary of Defense in respect of the Department of De- attachment to this order, which is hereby made a part of fense, and the Administrator of General Services in re- this order. spect of executive agencies other than the Department of Sec. 3. The dimensions of the constituent parts of the Defense, may approve, all national flags and union jacks flag shall conform to the proportions set forth in the at- now in the possession of executive agencies, or hereafter tachment referred to in section 2 of this order. acquired by executive agencies under contracts awarded prior to the date of this order, including those so pos- Part II—Regulations Governing Executive Agencies sessed or so acquired by the General Services Adminis- Sec. 21. The following sizes of flags are authorized for tration, for distribution to other agencies, shall be uti- executive agencies: lized until unserviceable. Part III—General Provisions Dimensions of Flag Sec. 31. The flag prescribed by Executive Order No. Size Hoist Fly (width) (length) 10798 of January 3, 1959, shall be the official flag of the United States until July 4, 1960, and on that date the Feet Feet flag prescribed by Part I of this order shall become the (1) ...................................................
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