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1976/07/07 SJR Display and Use of the Flag of the US

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The original documents are located in Box 49, folder "7/7/76 SJR Display and Use of the Flag of the US" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. 87/4/76 APPROVED: ACTION THE WHITE HOUSE WASHINGTON LAST DAY: July 7 Posted MEMORANDUM FOR THE PRESIDENT 7/7 FROM: JIM CANNON X acchies SUBJECT: S.J. Res. 49 - Display and Use of the Flag of the United States 7/7 Attached for your consideration is S.J. Res. 49, sponsored by Senators Bayh and Thurmond. The enrolled resolution would amend current law to codify guidelines on the proper methods for honoring, using and displaying the American flag for use by civilians and civilian organizations. Additional information is provided in OMB's enrolled bill report at Tab A. OMB, Max Friedersdorf, Counsel's Office (Lazarus), Jack Marsh, Ted Marrs and I recommend approval of the enrolled resolution. RECOMMENDATION That you sign S.J. Res. 49 at Tab B. GERALD FORD LIBRAGE Jase Digitized from Box 49 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library OFFICE PRESIDENT STATES UNITED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 JUN 29 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Resolution S.J. Res. 49 - Display and use of the flag of the United States Sponsor - Sen. Bayh (D) Indiana and Sen. Thurmond (R) South Carolina Last Day for Action July 7, 1976 - Wednesday Purpose To codify guidelines on the proper methods for honoring, using, and displaying the American flag for use by civilians and civilian organizations. Agency Recommendations Office of Management and Budget Approval Department of Defense Approval American Revolution Bicentennial Administration No objection Informally) Department of Justice No objection Discussion S.J. Res. 49 is based on Congressional recognition that there now exists throughout the nation considerable confusion as to the proper method for use and display of the American flag, that some of the long-standing customs and usages for the flag are outdated, and that existing provisions of the flag code require additional clarification and reemphasis. The enrolled joint resolution 2 amends current law regarding the use and display of the flag. Major features of S.J. Res. 49 would: -- More precisely define the methods for civilian and military salute of the flag during rendition of the national anthem and the Pledge of Allegi- ance to the Flag. -- Permit display of an all-weather flag for a patriotic effect twenty-four hours a day if properly illuminated during darkness. - Provide specific instructions for the display of the flag indoors and when not flown from a staff. When displayed in churches, the flag is to be displayed to the right of the clergyman and church flags are to be displayed on the clergyman's left. -- Specifically define the occasions and procedures for flying the flag at half-staff as a mark of respect to the deceased. It also states who may order the national flag to be flown at half-staff, those public officials for whom the flag shall be flown at half-staff and the period of time it is to be flown in that position. - Prohibit use of the flag for advertising purposes, its embroiderment on fabrics, printing on items for tempo- rary use and discard, or use as a costume or athletic uniform. However, flag patches may be affixed to the uniforms of military personnel, firemen, policemen, and patriotic organizations. -- Recodify existing authority for the Commander in Chief of the Armed Forces to alter, repeal, or add rules pertaining to display of the flag. James m. Director, Trey for Legislative Reference Enclosures p B EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 JUN 29 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Resolution S.J. Res. 49 - Display and use of the flag of the United States Sponsor - Sen. Bayh (D) Indiana and Sen. Thurmond (R) South Carolina Last Day for Action July 7, 1976 - Wednesday Purpose To codify guidelines on the proper methods for honoring, using, and displaying the American flag for use by civilians and civilian organizations. Agency Recommendations Office of Management and Budget Approval Department of Defense Approval American Revolution Bicentennial Administration No objection Informal Department of Justice No objection Discussion S.J. Res. 49 is based on Congressional recognition that there now exists throughout the nation considerable confusion as to the proper method for use and display of the American flag, that some of the long-standing customs and usages for the flag are outdated, and that existing provisions of the flag code require additional clarification and reemphasis. The enrolled joint resolution GERALD FORD ELBRARY Attached document was not scanned because it is duplicated elsewhere in the document THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: June 29 Jack Marsh oh Scerenz Time: 522pm FOR ACTION: Ted Marss CC (for information): Jack Marsh Max Friedersdorf oz Jim Cavanaugh Ken Lazarus ah Ed Schmults David Lissy in FROM THE STAFF SECRETARY DUE: Date: Time: 500pm June 30 SUBJECT: S.J. Res. 49-Display and use of the flag of the U.S. ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to Judy Johnston, Ground Floor West Wing PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediately. For the President OF DEFENSE DEFART DEPARTMENT OF THE ARMY WASHINGTON, D.C. 20310 PAINTED STATES 01 AMERICA 25 JUN 1976 Honorable James T. Lynn Director, Office of Management and Budget Washington, D. C. 20503 Dear Mr. Lynn: The Secretary of Defense has delegated responsibility to the Department of the Army for reporting the views of the Department of Defense on enrolled enactment S. J. Res. 49, 94th Congress "To amend the joint resolution entitled "Joint resolution to codify and emphasize rules and customs pertaining to the display and use of the flag of the United States of America." The Department of the Army on behalf of the Department of Defense recommends approval of the enrolled enactment. The purpose of this enrolled enactment is to modernize, clarify, and make easier to understand the rules with respect to the display of the flag of the United States and the showing of reverence and respect for the flag during times of usage in public places. The enactment of this measure is considered desirable because with the celebration of the country's Bicentennial upon us, it is appropriate, and, indeed, timely to have an up-to-date flag code governing the use of our flag - the honored symbol of our proud nation. Approval of the enactment will cause no apparent increase in budgetary requirements for the Department of Defense. This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense. Sincerely, Donald G. Brotzman Assistant Secretary of the Army (Manpower and Reserve Affairs) ASSISTANT ATTORNEY GENERAL LEGISLATIVE AFFAIRS Department of Justice Washington, D.C. 20530 June 24, 1976 Honorable James T. Lynn Director, Office of Management and Budget Washington, D. C. 20503 Dear Mr. Lynn: In compliance with your request, I have examined a facsimile of the enrolled bill, S. J. Res, 49, "To amend the joint resolution entitled Joint resolution to codify and emphasize existing rules and customs pertain- ing to the display and use of the flag of the United States of America. The Department of Justice has no objection to Executive approval of this bill. Sincerely, Wichael M. Michael M. Uhlmann Assistant Attorney General THE WHITE HOUSE ACTION MEMORANDUM WASHINCTON LOG NO.: 5:00 Date: June 29 Time: 522pm Tack Marsh EDIDENCTION) Ted Marrs cc (for information): Max Friedersdorf Jim Cavanaugh Ken Lazarus Ed Schmults David Lissy FROM THE STAFF SECRETARY DUE: Date: Time: 500pm -June-30- SUBJECT: S Res. Disp of the flag of, the U.S. Jim: Strongly suggest consideration be given to a signing ceremony. We have reports from Hill of interest by veterans groups in this legislation. Max Friedersdorf concurs. ACTION REQUESTED: Jack Marsh For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to Judy Johnston, Ground Floor West Wing . FORD Max - GERALD your view an signing cerening Recommerced elaming pigning PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. must If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon For the President THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: June 29 Time: 522pm Jack Marsh FOR ACTION: Ted Marrs CC (for information): Max Friedersdorf Jim Cavanaugh Ken Lazarus Ed Schmults David Lissy FROM THE STAFF SECRETARY DUE: Date: Time: 500pm June 30 SUBJECT: S.J. Res. 49-Display and use of the flag of the U.S. ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to Judy Johnston, Ground Floor West Wing accommend Approval 6/20 B it is falking to milt mitler about a Jossible signing etc ceremony muslimg veterms groups my GEBRID BUFORD LIBRARY PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon telephone the Staff Secretary immediately. For the President THE WHITE HOUSE WASHINGTON June 30, 1976 MEMORANDUM FOR: JIM CAVANAUGH FROM: MAX L. FRIEDERSDORF m.b. SUBJECT: SJRes. 49 - Display and use of the flag of the US The Office of Legislative Affairs concurs with the agencies that the subject bill be signed in signing ceremony. (Schedule proposal submitted) Attachments THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: June 29 Time: 522pm Jack Marsh FOR ACTION: Ted Marrs CC (for information): Max Friedersdorf Jim Cavanaugh Ken Lazarus Ed Schmults David Lissy FROM THE STAFF SECRETARY DUE: Date: Time: 500pm June 30 SUBJECT: S.J. Res. 49-Display and use of the flag of the U.S. ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to Judy Johnston, Ground Floor West Wing No objection - -- Ken Lazarus 6/30/76 GERALD FORD CINTARY PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon For the President telephone the Staff Secretary immediately. Judy - for the hill file - - please GER# Katie American Revolution Bicentennial Administration REVOLUTION 2401 E Street, N.W. Washington, D.C. 20276 JUN 29 1976 AMERICAN BICENTENNIAL 1776-1976 R Mr. James M. Frey Assistant Director for Legislative Reference Office of Management and Budget Executive Office of the President Washington, D.C. 20503 Dear Mr. Frey: This is in response to OMB request of June 28, 1976, for the views and recommendations of the American Revolution Bicentennial Administration (ARBA) on enrolled bill S.J. Res. 49, "To amend the joint resolution entitled "Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America'. " The ARBA has no objection to the approval by the President of the enrolled bill. In the Spirit of '76, Esm 10m Eugene J. Skora General Counsel S. J. Res. 49 Ainety-fourth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the nineteenth day of January, one thousand nine hundred and seventy-six Joint Resolution To amend the joint resolution entitled "Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America". Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution entitled "Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America", as amended (36 U.S.C. 171-178), is amended— (1) by adding after the last sentence of section 1 the following: "The flag of the United States for the purpose of this chapter shall be defined according to title 4, United States Code, chapter 1, section 1 and section 2 and Executive Order 10834 issued pursuant thereto"; (2) by striking out the second sentence of section 2(a) and inserting in lieu thereof the following: "However, when a patri- otic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness.": (3) by inserting in section 2(c) before the period a comma and the following: "except when an all weather flag is displayed"; (4) by striking out section 2(d) and inserting in lieu thereof the following: (d) The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Lincoln's Birthday, February 12; Washington's Birthday, third Monday in February; 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; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanks- giving Day, fourth Thursday in November; Christmas Day, Decem- ber 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."; (5) by striking out ", weather permitting," in section 2(e); (6) by striking out "radiator cap" in section 3 (b) and inserting in lieu thereof "right fender"; (7) in the last sentence of section 3(f), by striking out "to the right of the flag of the United States.' and inserting in lieu thereof the following: "to the United States flag's right."; (8) by striking out section 3(i) and inserting in lieu thereof the following: "(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 window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street."; S. J. Res. 49-2 (9) by striking out section 3(k) and inserting in lieu thereof the following: "(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 clergy- man'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." (10) by striking out section 3 (m) and inserting in lieu thereof the following: "(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 princi- pal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect 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 Presidential instruc- tions or orders, or in accordance with recognized customs or practices not inconsistent 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 Governor of that State, territory. or posses- sion may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice President, 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. As used in this subsection- "(1) the term 'half-staff' means the position of the flag when it is one-half the distance between the top and bottom of the staff; "(2) the term 'executive or military department' means any agency listed under sections 101 and 102 of title 5, United States Code; and "(3) the term 'Member of Congress' means a Senator, a Repre- sentative, a Delegate, or the Resident Commissioner from Puerto Rico."; (11) by adding at the end of section 3, a new subsection as fol- lows: " (o) When the flag is suspended across a corridor or lobby in a build- ing 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 sus- pended 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."; SHEET S. J. Res. 49-3 (12) by striking out section 4 (a) and inserting in lieu thereof the following: "(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."; (13) by striking out section 4(d) and inserting in lieu thereof the following: (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 always 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 decoration in general."; (14) by striking out section 4(e) and inserting in lieu thereof the following: (e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way."; (15) by striking out section 4(i) and inserting in lieu thereof the following: (i) The flag should never be used for advertising 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 temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown."; (16) by redesignating section 4(j) as section 4(k) and by inserting after section 4(i) a new subsection as follows: "(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 mili- tary personnel, firemen, policemen, and members of patriotic organiza- tions. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart."; (17) by striking out section 5 and inserting in lieu thereof the following: "SEC. 5. During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, 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."; (18) by striking out section 6 and inserting in lieu thereof the following: "SEC. 6. During rendition of the national anthem when the flag is displayed, all present except those in uniform should stand at atten- tion facing the flag with the right hand over the heart. Men not in uniform should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should render the military salute at the first note of the anthem and retain this position until the last note. When the flag is not displayed, those present should face toward the music and act in the same manner they would if the flag were displayed there."; S.J. Res. 49-4 (19) by striking out section 7 and inserting in lieu thereof the following: "SEC. 7. 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 men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute."; and (20) by striking out section 8 and inserting in lieu thereof the following: "SEC. 8. Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modi- fied, or repealed, or additional rules with respect thereto may be pre- scribed, 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.". Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

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    "ocrText": "The original documents are located in Box 49, folder \"7/7/76 SJR Display and Use of the\nFlag of the US\" of the White House Records Office: Legislation Case Files at the Gerald R.\nFord Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nExact duplicates within this folder were not digitized.\n87/4/76\nAPPROVED:\nACTION\nTHE WHITE HOUSE\nWASHINGTON\nLAST DAY: July 7\nPosted\nMEMORANDUM FOR\nTHE PRESIDENT\n7/7\nFROM:\nJIM CANNON X\nacchies\nSUBJECT:\nS.J. Res. 49 - Display and Use of\nthe Flag of the United States\n7/7\nAttached for your consideration is S.J. Res. 49, sponsored\nby Senators Bayh and Thurmond.\nThe enrolled resolution would amend current law to codify\nguidelines on the proper methods for honoring, using and\ndisplaying the American flag for use by civilians and\ncivilian organizations.\nAdditional information is provided in OMB's enrolled bill\nreport at Tab A.\nOMB, Max Friedersdorf, Counsel's Office (Lazarus), Jack\nMarsh, Ted Marrs and I recommend approval of the\nenrolled resolution.\nRECOMMENDATION\nThat you sign S.J. Res. 49 at Tab B.\nGERALD FORD LIBRAGE\nJase\nDigitized from Box 49 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library\nOFFICE PRESIDENT STATES UNITED\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nJUN 29 1976\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Resolution S.J. Res. 49 - Display and use\nof the flag of the United States\nSponsor - Sen. Bayh (D) Indiana and Sen. Thurmond (R)\nSouth Carolina\nLast Day for Action\nJuly 7, 1976 - Wednesday\nPurpose\nTo codify guidelines on the proper methods for honoring, using,\nand displaying the American flag for use by civilians and\ncivilian organizations.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Defense\nApproval\nAmerican Revolution Bicentennial\nAdministration\nNo objection Informally)\nDepartment of Justice\nNo objection\nDiscussion\nS.J. Res. 49 is based on Congressional recognition that there now\nexists throughout the nation considerable confusion as to the\nproper method for use and display of the American flag, that some\nof the long-standing customs and usages for the flag are outdated,\nand that existing provisions of the flag code require additional\nclarification and reemphasis. The enrolled joint resolution\n2\namends current law regarding the use and display of the flag.\nMajor features of S.J. Res. 49 would:\n-- More precisely define the methods for civilian\nand military salute of the flag during rendition\nof the national anthem and the Pledge of Allegi-\nance to the Flag.\n-- Permit display of an all-weather flag for a patriotic\neffect twenty-four hours a day if properly illuminated\nduring darkness.\n- Provide specific instructions for the display of the\nflag indoors and when not flown from a staff. When\ndisplayed in churches, the flag is to be displayed\nto the right of the clergyman and church flags are to\nbe displayed on the clergyman's left.\n-- Specifically define the occasions and procedures for\nflying the flag at half-staff as a mark of respect to\nthe deceased. It also states who may order the national\nflag to be flown at half-staff, those public officials\nfor whom the flag shall be flown at half-staff and the\nperiod of time it is to be flown in that position.\n- Prohibit use of the flag for advertising purposes, its\nembroiderment on fabrics, printing on items for tempo-\nrary use and discard, or use as a costume or athletic\nuniform. However, flag patches may be affixed to the\nuniforms of military personnel, firemen, policemen,\nand patriotic organizations.\n-- Recodify existing authority for the Commander in Chief\nof the Armed Forces to alter, repeal, or add rules\npertaining to display of the flag.\nJames m. Director, Trey\nfor Legislative Reference\nEnclosures\np\nB\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nJUN 29 1976\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Resolution S.J. Res. 49 - Display and use\nof the flag of the United States\nSponsor - Sen. Bayh (D) Indiana and Sen. Thurmond (R)\nSouth Carolina\nLast Day for Action\nJuly 7, 1976 - Wednesday\nPurpose\nTo codify guidelines on the proper methods for honoring, using,\nand displaying the American flag for use by civilians and\ncivilian organizations.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Defense\nApproval\nAmerican Revolution Bicentennial\nAdministration\nNo objection\nInformal\nDepartment of Justice\nNo objection\nDiscussion\nS.J. Res. 49 is based on Congressional recognition that there now\nexists throughout the nation considerable confusion as to the\nproper method for use and display of the American flag, that some\nof the long-standing customs and usages for the flag are outdated,\nand that existing provisions of the flag code require additional\nclarification and reemphasis. The enrolled joint resolution\nGERALD FORD ELBRARY\nAttached document was not scanned because it is duplicated elsewhere in the document\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: June 29\nJack Marsh oh Scerenz Time:\n522pm\nFOR ACTION:\nTed Marss\nCC (for information):\nJack Marsh\nMax Friedersdorf oz\nJim Cavanaugh\nKen Lazarus\nah\nEd Schmults\nDavid Lissy\nin\nFROM THE STAFF SECRETARY\nDUE: Date:\nTime:\n500pm\nJune 30\nSUBJECT:\nS.J. Res. 49-Display and use of the flag of the U.S.\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nplease return to Judy Johnston, Ground Floor West Wing\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nK. R. COLE, JR.\ntelephone the Staff Secretary immediately.\nFor the President\nOF DEFENSE DEFART\nDEPARTMENT OF THE ARMY\nWASHINGTON, D.C. 20310\nPAINTED STATES 01 AMERICA\n25 JUN 1976\nHonorable James T. Lynn\nDirector, Office of Management and Budget\nWashington, D. C. 20503\nDear Mr. Lynn:\nThe Secretary of Defense has delegated responsibility to the Department\nof the Army for reporting the views of the Department of Defense on\nenrolled enactment S. J. Res. 49, 94th Congress \"To amend the joint\nresolution entitled \"Joint resolution to codify and emphasize rules and\ncustoms pertaining to the display and use of the flag of the United\nStates of America.\"\nThe Department of the Army on behalf of the Department of Defense\nrecommends approval of the enrolled enactment.\nThe purpose of this enrolled enactment is to modernize, clarify, and\nmake easier to understand the rules with respect to the display of the\nflag of the United States and the showing of reverence and respect for\nthe flag during times of usage in public places.\nThe enactment of this measure is considered desirable because with the\ncelebration of the country's Bicentennial upon us, it is appropriate,\nand, indeed, timely to have an up-to-date flag code governing the use of\nour flag - the honored symbol of our proud nation.\nApproval of the enactment will cause no apparent increase in budgetary\nrequirements for the Department of Defense.\nThis report has been coordinated within the Department of Defense in\naccordance with procedures prescribed by the Secretary of Defense.\nSincerely,\nDonald G. Brotzman\nAssistant Secretary of the Army\n(Manpower and Reserve Affairs)\nASSISTANT ATTORNEY GENERAL\nLEGISLATIVE AFFAIRS\nDepartment of Justice\nWashington, D.C. 20530\nJune 24, 1976\nHonorable James T. Lynn\nDirector, Office of Management\nand Budget\nWashington, D. C. 20503\nDear Mr. Lynn:\nIn compliance with your request, I have examined a\nfacsimile of the enrolled bill, S. J. Res, 49, \"To\namend the joint resolution entitled Joint resolution to\ncodify and emphasize existing rules and customs pertain-\ning to the display and use of the flag of the United\nStates of America.\nThe Department of Justice has no objection to\nExecutive approval of this bill.\nSincerely,\nWichael M.\nMichael M. Uhlmann\nAssistant Attorney General\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINCTON\nLOG NO.: 5:00\nDate: June 29\nTime: 522pm\nTack Marsh\nEDIDENCTION)\nTed Marrs\ncc (for information):\nMax Friedersdorf\nJim Cavanaugh\nKen Lazarus\nEd Schmults\nDavid Lissy\nFROM THE STAFF SECRETARY\nDUE: Date:\nTime: 500pm\n-June-30-\nSUBJECT:\nS Res. Disp of the flag of, the U.S.\nJim:\nStrongly suggest consideration be given to a signing ceremony. We have\nreports from Hill of interest by veterans groups in this legislation. Max\nFriedersdorf concurs.\nACTION REQUESTED:\nJack Marsh\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nplease return to Judy Johnston, Ground Floor West Wing\n. FORD\nMax -\nGERALD\nyour view an\nsigning cerening\nRecommerced elaming pigning\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nmust\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nJames M. Cannon\nFor the President\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: June 29\nTime: 522pm\nJack Marsh\nFOR ACTION:\nTed Marrs\nCC (for information):\nMax Friedersdorf\nJim Cavanaugh\nKen Lazarus\nEd Schmults\nDavid Lissy\nFROM THE STAFF SECRETARY\nDUE: Date:\nTime:\n500pm\nJune 30\nSUBJECT:\nS.J. Res. 49-Display and use of the flag of the U.S.\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nplease return to Judy Johnston, Ground Floor West Wing\naccommend Approval 6/20\nB it is falking to milt mitler\nabout a Jossible signing etc ceremony\nmuslimg veterms groups my\nGEBRID BUFORD LIBRARY\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nJames M. Cannon\ntelephone the Staff Secretary immediately.\nFor the President\nTHE WHITE HOUSE\nWASHINGTON\nJune 30, 1976\nMEMORANDUM FOR:\nJIM CAVANAUGH\nFROM:\nMAX L. FRIEDERSDORF m.b.\nSUBJECT:\nSJRes. 49 - Display and use of the flag of the US\nThe Office of Legislative Affairs concurs with the agencies\nthat the\nsubject bill be signed in signing ceremony. (Schedule\nproposal submitted)\nAttachments\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: June 29\nTime: 522pm\nJack Marsh\nFOR ACTION: Ted Marrs\nCC (for information):\nMax Friedersdorf\nJim Cavanaugh\nKen Lazarus\nEd Schmults\nDavid Lissy\nFROM THE STAFF SECRETARY\nDUE: Date:\nTime:\n500pm\nJune 30\nSUBJECT:\nS.J. Res. 49-Display and use of the flag of the U.S.\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nplease return to Judy Johnston, Ground Floor West Wing\nNo objection - -- Ken Lazarus 6/30/76\nGERALD FORD CINTARY\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nJames M. Cannon\nFor the President\ntelephone the Staff Secretary immediately.\nJudy -\nfor the hill file - -\nplease\nGER#\nKatie\nAmerican Revolution\nBicentennial Administration\nREVOLUTION\n2401 E Street, N.W.\nWashington, D.C. 20276\nJUN 29 1976\nAMERICAN\nBICENTENNIAL\n1776-1976\nR\nMr. James M. Frey\nAssistant Director for\nLegislative Reference\nOffice of Management and Budget\nExecutive Office of the President\nWashington, D.C. 20503\nDear Mr. Frey:\nThis is in response to OMB request of June 28, 1976,\nfor the views and recommendations of the American\nRevolution Bicentennial Administration (ARBA) on\nenrolled bill S.J. Res. 49, \"To amend the joint\nresolution entitled \"Joint resolution to codify\nand emphasize existing rules and customs pertaining\nto the display and use of the flag of the United\nStates of America'. \"\nThe ARBA has no objection to the approval by the\nPresident of the enrolled bill.\nIn the Spirit of '76,\nEsm 10m\nEugene J. Skora\nGeneral Counsel\nS. J. Res. 49\nAinety-fourth Congress of the United States of America\nAT THE SECOND SESSION\nBegun and held at the City of Washington on Monday, the nineteenth day of January,\none thousand nine hundred and seventy-six\nJoint Resolution\nTo amend the joint resolution entitled \"Joint resolution to codify and emphasize\nexisting rules and customs pertaining to the display and use of the flag of the\nUnited States of America\".\nResolved by the Senate and House of Representatives of the United\nStates of America in Congress assembled, That the joint resolution\nentitled \"Joint resolution to codify and emphasize existing rules and\ncustoms pertaining to the display and use of the flag of the United\nStates of America\", as amended (36 U.S.C. 171-178), is amended—\n(1) by adding after the last sentence of section 1 the following:\n\"The flag of the United States for the purpose of this chapter\nshall be defined according to title 4, United States Code, chapter 1,\nsection 1 and section 2 and Executive Order 10834 issued pursuant\nthereto\";\n(2) by striking out the second sentence of section 2(a) and\ninserting in lieu thereof the following: \"However, when a patri-\notic effect is desired, the flag may be displayed twenty-four hours\na day if properly illuminated during the hours of darkness.\":\n(3) by inserting in section 2(c) before the period a comma and\nthe following: \"except when an all weather flag is displayed\";\n(4) by striking out section 2(d) and inserting in lieu thereof\nthe following:\n(d) The flag should be displayed on all days, especially on New\nYear's Day, January 1; Inauguration Day, January 20; Lincoln's\nBirthday, February 12; Washington's Birthday, third Monday in\nFebruary; Easter Sunday (variable); Mother's Day, second Sunday\nin May; Armed Forces Day, third Saturday in May; Memorial Day\n(half-staff until noon), the last Monday in May; Flag Day, June 14;\nIndependence Day, July 4; Labor Day, first Monday in September;\nConstitution Day, September 17; Columbus Day, second Monday in\nOctober; Navy Day, October 27; Veterans Day, November 11; Thanks-\ngiving Day, fourth Thursday in November; Christmas Day, Decem-\nber 25; and such other days as may be proclaimed by the President\nof the United States; the birthdays of States (date of admission)\nand on State holidays.\";\n(5) by striking out \", weather permitting,\" in section 2(e);\n(6) by striking out \"radiator cap\" in section 3 (b) and inserting\nin lieu thereof \"right fender\";\n(7) in the last sentence of section 3(f), by striking out \"to the\nright of the flag of the United States.' and inserting in lieu\nthereof the following: \"to the United States flag's right.\";\n(8) by striking out section 3(i) and inserting in lieu thereof\nthe following:\n\"(i) When displayed either horizontally or vertically against a\nwall, the union should be uppermost and to the flag's own right, that\nis, to the observer's left. When displayed in a window, the flag should\nbe displayed in the same way, with the union or blue field to the left\nof the observer in the street.\";\nS. J. Res. 49-2\n(9) by striking out section 3(k) and inserting in lieu thereof\nthe following:\n\"(k) When used on a speaker's platform, the flag, if displayed flat,\nshould be displayed above and behind the speaker. When displayed\nfrom a staff in a church or public auditorium, the flag of the United\nStates of America should hold the position of superior prominence,\nin advance of the audience, and in the position of honor at the clergy-\nman's or speaker's right as he faces the audience. Any other flag SO\ndisplayed should be placed on the left of the clergyman or speaker\nor to the right of the audience.\"\n(10) by striking out section 3 (m) and inserting in lieu thereof\nthe following:\n\"(m) The flag, when flown at half-staff, should be first hoisted to\nthe peak for an instant and then lowered to the half-staff position. The\nflag should be again raised to the peak before it is lowered for the\nday. On Memorial Day the flag should be displayed at half-staff\nuntil noon only, then raised to the top of the staff. By order of the\nPresident, the flag shall be flown at half-staff upon the death of princi-\npal figures of the United States Government and the Governor of a\nState, territory, or possession, as a mark of respect to their memory.\nIn the event of the death of other officials or foreign dignitaries, the\nflag is to be displayed at half-staff according to Presidential instruc-\ntions or orders, or in accordance with recognized customs or practices\nnot inconsistent with law. In the event of the death of a present or\nformer official of the government of any State, territory, or possession\nof the United States. the Governor of that State, territory. or posses-\nsion may proclaim that the National flag shall be flown at half-staff.\nThe flag shall be flown at half-staff thirty days from the death of the\nPresident or a former President; ten days from the day of death of\nthe Vice President, the Chief Justice or a retired Chief Justice of the\nUnited States, or the Speaker of the House of Representatives; from\nthe day of death until interment of an Associate Justice of the\nSupreme Court, a Secretary of an executive or military department, a\nformer Vice President, or the Governor of a State, territory, or posses-\nsion; and on the day of death and the following day for a Member of\nCongress. As used in this subsection-\n\"(1) the term 'half-staff' means the position of the flag when\nit is one-half the distance between the top and bottom of the staff;\n\"(2) the term 'executive or military department' means any\nagency listed under sections 101 and 102 of title 5, United States\nCode; and\n\"(3) the term 'Member of Congress' means a Senator, a Repre-\nsentative, a Delegate, or the Resident Commissioner from Puerto\nRico.\";\n(11) by adding at the end of section 3, a new subsection as fol-\nlows:\n\" (o) When the flag is suspended across a corridor or lobby in a build-\ning with only one main entrance, it should be suspended vertically\nwith the union of the flag to the observer's left upon entering. If the\nbuilding has more than one main entrance, the flag should be sus-\npended vertically near the center of the corridor or lobby with the\nunion to the north, when entrances are to the east and west or to the\neast when entrances are to the north and south. If there are entrances\nin more than two directions, the union should be to the east.\";\nSHEET\nS. J. Res. 49-3\n(12) by striking out section 4 (a) and inserting in lieu thereof\nthe following:\n\"(a) The flag should never be displayed with the union down, except\nas a signal of dire distress in instances of extreme danger to life or\nproperty.\";\n(13) by striking out section 4(d) and inserting in lieu thereof\nthe following:\n(d) The flag should never be used as wearing apparel, bedding, or\ndrapery. It should never be festooned, drawn back, nor up, in folds,\nbut always allowed to fall free. Bunting of blue, white, and red, always\narranged with the blue above, the white in the middle, and the red\nbelow, should be used for covering a speaker's desk, draping the front\nof the platform, and for decoration in general.\";\n(14) by striking out section 4(e) and inserting in lieu thereof\nthe following:\n(e) The flag should never be fastened, displayed, used, or stored\nin such a manner as to permit it to be easily torn, soiled, or damaged\nin any way.\";\n(15) by striking out section 4(i) and inserting in lieu thereof\nthe following:\n(i) The flag should never be used for advertising purposes in any\nmanner whatsoever. It should not be embroidered on such articles as\ncushions or handkerchiefs and the like, printed or otherwise impressed\non paper napkins or boxes or anything that is designed for temporary\nuse and discard. Advertising signs should not be fastened to a staff\nor halyard from which the flag is flown.\";\n(16) by redesignating section 4(j) as section 4(k) and by\ninserting after section 4(i) a new subsection as follows:\n\"(j) No part of the flag should ever be used as a costume or athletic\nuniform. However, a flag patch may be affixed to the uniform of mili-\ntary personnel, firemen, policemen, and members of patriotic organiza-\ntions. The flag represents a living country and is itself considered a\nliving thing. Therefore, the lapel flag pin being a replica, should be\nworn on the left lapel near the heart.\";\n(17) by striking out section 5 and inserting in lieu thereof the\nfollowing:\n\"SEC. 5. During the ceremony of hoisting or lowering the flag or\nwhen the flag is passing in a parade or in review, all persons present\nexcept those in uniform should face the flag and stand at attention\nwith the right hand over the heart. Those present in uniform should\nrender the military salute. When not in uniform, men should remove\ntheir headdress with their right hand and hold it at the left shoulder,\nthe hand being over the heart. Aliens should stand at attention. The\nsalute to the flag in a moving column should be rendered at the\nmoment the flag passes.\";\n(18) by striking out section 6 and inserting in lieu thereof the\nfollowing:\n\"SEC. 6. During rendition of the national anthem when the flag is\ndisplayed, all present except those in uniform should stand at atten-\ntion facing the flag with the right hand over the heart. Men not in\nuniform should remove their headdress with their right hand and\nhold it at the left shoulder, the hand being over the heart. Persons in\nuniform should render the military salute at the first note of the\nanthem and retain this position until the last note. When the flag is\nnot displayed, those present should face toward the music and act in\nthe same manner they would if the flag were displayed there.\";\nS.J. Res. 49-4\n(19) by striking out section 7 and inserting in lieu thereof the\nfollowing:\n\"SEC. 7. The Pledge of Allegiance to the Flag, 'I pledge allegiance\nto the Flag of the United States of America, and to the Republic for\nwhich it stands, one Nation under God, indivisible, with liberty and\njustice for all.', should be rendered by standing at attention facing the\nflag with the right hand over the heart. When not in uniform men\nshould remove their headdress with their right hand and hold it at\nthe left shoulder, the hand being over the heart. Persons in uniform\nshould remain silent, face the flag, and render the military salute.\";\nand\n(20) by striking out section 8 and inserting in lieu thereof the\nfollowing:\n\"SEC. 8. Any rule or custom pertaining to the display of the flag of\nthe United States of America, set forth herein, may be altered, modi-\nfied, or repealed, or additional rules with respect thereto may be pre-\nscribed, by the Commander in Chief of the Armed Forces of the\nUnited States, whenever he deems it to be appropriate or desirable;\nand any such alteration or additional rule shall be set forth in a\nproclamation.\".\nSpeaker of the House of Representatives.\nVice President of the United States and\nPresident of the Senate."
}