A 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."
PL 94-344 (S.J.Res.49), enacted 07/07/1976

90 STAT. 810 
PUBLIC LAW 94-344—JULY 7, 1976 
Public Law 94-344 
94th Congress 
Joint Resolution 
July '> 1976 
rpQ amend the joint resolution entitled "Joint resolution to codify and emphasize 
[SJ. Res. 49] 
existing rules and customs pertaining to the display and use of the flag of the 
United States of America". 
U.S. flag, display 
and use. 
36 use 173. 
4 u s e 1 note. 
Time and 
occasions for 
display. 
36 use 174. 
Position and 
manner of 
display. 
36 use 175. 
Resolved hy the Senate and House of Representatives of the United 
States of America in Congress assemhled, 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 
^]ie 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."; 
PUBLIC LAW 94-344—JULY 7, 1976 
90 STAT. 811 
(9) by striking out section 3(k) and inserting in lieu thereof 36 USC 175. 
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 Flag at half-staff, 
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 Ignited 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- °' ^^^^Y-
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."; 
Definitions. 
Display in 
building corridor 
90 STAT. 812 
PUBLIC LAW 94-344—JULY 7, 1976 
Respect for flag. 
36 use 176. 
Wearing apparel, 
bedding, or 
drapery, 
prohibition. 
Advertising 
purposes, 
prohibition. 
Costumes or 
athletic uniforms, 
prohibition. 
Hoisting, 
lowering, and 
passing of flag. 
36 u s e 177. 
National anthem, 
conduct during 
playing. 
36 use 171. 
(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."; 
PUBLIC LAW 94-344—JULY 7, 1976 
90 STAT. 813 
(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 
nag 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.". 
Approved July 7, 1976. 
Pledge of 
Allegiance to the 
Flae. 
36 use 172. 
Rules and 
customs, 
modiHcation. 
36 use 178. 
LEGISLATIVE HISTORY: 
SENATE REPORT No. 94-797 (eomm. on the Judiciary). 
eONGRESSIONAL REeORD, Vol. 122 (1976): 
May 10, considered and passed Senate. 
June 21, considered and passed House, amended. 
June 22, Senate concurred in House amendments.