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Fw: New FLAG rules

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  • Phelps Hobart
    ... From: Don Hale To: Various Sent: Thursday, June 12, 2008 11:06 AM Subject: New FLAG rules Questions recently raised at a meeting prompted me to do some
    Message 1 of 1 , Jun 12, 2008
      ----- Original Message -----
      From: Don Hale
      To: Various
      Sent: Thursday, June 12, 2008 11:06 AM
      Subject: New FLAG rules

      Questions recently raised at a meeting prompted me to do some research and I wound up with this information.  If you still have questions, or if you disagree with this new policy you are free to continue the past practice of removing your head covering and placing your hand over your heart.  This is, however, the law as it now exists; and it is fully authorized by Congress and the President.
       
      Don
      Don Hale, President
      Pacific Central Region, NLUS
       

       
      ----- Original Message -----
      Sent: Thursday, June 12, 2008 11:04 AM
      Subject: Change in the United States Flag Code
       
              Last November, in the closing days of the First Session of the current Congress, the United States Flag Code was amended and now allows veterans and members of the armed forces to render a military salute to the flag of the United States when out of uniform.
       
              Public Law 110-181 of the 110th Congress permits such a salute only in three specific actions associated with properly honoring the flag:
      1)      When the flag is being hoisted
      2)      When the flag is being lowered
      3)      When the flag is passing in review
             
              Before the bill was signed into law, the National Americanism Commission addressed the proposed change, noting the following to the bill’s sponsor:
      1)      Change in the civilian flag code would impact military regulations, from which much of the flag code was taken
      2)      Change in the flag code would create confusion in how one should deport themselves during recitation of the Pledge of Allegiance
      3)      Change in the flag code would create conflict with existing procedures when the National Anthem is played as the flag is raised
      4)      Change in the flag code would allow veterans and members of the military to salute the flag while wearing a baseball cap, regardless of the direction the bill of the cap faced
      5)      Change in the flag code, that would allow otherwise unidentifiable veterans to salute with or without a head cover, would soon be picked up by the general public as expected procedure.
       
              These and other issues, apparently, were not considered when the bill was made law as, indeed, it now is.
       
              In handling inquiries from members and others on this change to the flag code, the National Americanism Commission has answered with this:  “The law does allow veterans to render the right hand salute, but does not mandate it.  If you feel uncomfortable in any situation where the flag is being raised, lowered or is passing in review, the traditional right hand over the heart – with the hat removed – is still a viable and very respectful alternative to the new law.”
       
      Marty Justis, Director, Americanism 
      The American Legion
      Indianapolis, IN
      317 630-1203


      A web search by Phelps Hobart, ye PCR Web Yeoman, uncovered:

       
      From the U.S. Code Online via GPO Access
      [wais.access.gpo.gov]
      [Laws in effect as of January 3, 2006]
      [CITE: 4USC9]
       
      TITLE 4--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
       
      CHAPTER 1--THE FLAG

      Sec. 9. Conduct during hoisting, lowering or passing of flag

          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.
       
      _________________________________
       
       
      PL 110-181, the National Defense Authorization Act of Fiscal Year 2008, Subtitle I, Sec. 594. 
       
      SEC. 594. CONDUCT BY MEMBERS OF THE ARMED FORCES AND VETERANS OUT OF UNIFORM DURING HOISTING, LOWERING, OR PASSING OF UNITED STATES FLAG.

          Section 9 of title 4, United States Code, is amended by striking "all persons present" and all that follows through the end of the section and inserting the following: "all persons present in uniform should render the military salute. Members of the Armed Forces and veterans who are present but not in uniform may render the military salute. All other persons present should face the flag and stand at attention with their right hand over the heart, or if applicable, remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Citizens of other countries present should stand at attention. All such conduct toward the flag in a moving column should be rendered at the moment the flag passes.".
       
      _________________________________
       
      Here is how Title 4, Chapter 1, Section 9 of the US Code now reads:
       
      TITLE 4--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
       
      CHAPTER 1--THE FLAG

      Sec. 9. Conduct during hoisting, lowering or passing of flag as ammended

          During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present in uniform should render the military salute. Members of the Armed Forces and veterans who are present but not in uniform may render the military salute. All other persons present should face the flag and stand at attention with their right hand over the heart, or if applicable, remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Citizens of other countries present should stand at attention. All such conduct toward the flag in a moving column should be rendered at the moment the flag passes.
      _________________________________
       
       
      THE NATIONAL AMERICANISM COMMISSION of The American Legion was created by a recommendation made to and adopted by the National Convention ...
      www.txlegion.org/americanism.htm - 6k - Cached - Similar pages - Note this
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