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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States of America his copyrights in all of his unpublished writings in National Archives collections.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.