Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

8

36:176.

June 22, 1942, ch. 435, § 4, 56 Stat. 379; Dec. 22, 1942, ch. 806, § 4, 56 Stat. 1076; July 7, 1976, Pub. L. 94–344, (12)–(16), 90 Stat. 812.

Editorial Notes
Amendments

2024—Subsec. (c). Pub. L. 118–159 inserted “, except as may be necessary in limited circumstances and done in a respectful manner as part of a military or patriotic observance” after “aloft and free”.

Statutory Notes and Related Subsidiaries
Modification of Department of Defense Policy

Pub. L. 118–159, div. A, title XVII, § 1703(b), Dec. 23, 2024, 138 Stat. 2208, provided that: “The Secretary of Defense shall—

“(1)
rescind the February 10, 2023, Department of Defense memorandum entitled, ‘Clarification of Department of Defense Community Engagement Policy on Showing Proper Respect to the United States Flag’; and
“(2)
support military recruitment through public outreach events during patriotic and military observances, including the display of the United States flag regardless of size and position, including horizontally, provided that, in accordance with section 8(b) of title 4, United States Code, the flag never touch anything beneath it, such as the ground, the floor, water, or merchandise.”