CONTENTS Testimony of John G. Tower, U.S. Senator from Texas, accompanied by Testimony of Edward J. Gurney, U.S. Senator from Florida, accompanied Testimony of Allen W. Finger, executive secretary, United States Flag Testimony of Claiborne Pell, U.S. Senator from Rhode Island. Testimony of Daniel J. O'Connor, chairman, National Americanism Com- The text of S. 340, "To establish a commission to study the usage, customs, and laws relating to the flag of the United States". The text of Senate Joint Resolution 91,"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 The text of Public Law 77-829, December 22, 1942, "To amend Public Law Numbered 623, approved June 22, 1942, entitled 'Joint resolution to codify and emphasize existing rules and customs pertaining to the dis- play and use of the flag of the United States of America"." Additional material submitted by Allen W. Finger, executive secretary, United States Flag Foundation: Letter, dated May 30, 1974, from Asa E. Phillips, Jr., president, American Coalition of Patriotic Societies, Inc.. Partial list of officers and directors of the American Coalition of Pa- List of cooperating societies with the American Coalition of Patriotic Additional material submitted by Francis W. Stover, director, National Legislative Service, Veterans of Foreign Wars of the United States: Letter, dated July 21, 1972, from Raymond B. Edwards, Veterans of Foreign Wars of the United States, to Mel Stephens, White House, with an accompanying paper on revision of the flag code.. Resolution No. 110, "Respect for Our Flag," of the Veterans of Resolution No. 113, "Respect for National Anthem at Public Gather- ings," of the Veterans of Foreign Wars of the United States, dated Resolution No. 116, "Fly the Flag of the United States Day and Resolution No. 87, "Revision of Public Law 829-77 (Flag Code)," dated Opinion, Supreme Court of the United States, Smith, Sheriff v. Goguen, FLAG CODE REVISION FRIDAY, JUNE 7, 1974 U.S. SENATE SUBCOMMITTEE ON FEDERAL CHARTERS, HOLIDAYS, AND CELEBRATIONS, OF THE COMMITTEE ON THE JUDICIARY, The subcommittee met, pursuant to call, at 10:05 a.m., in room 2228, Dirksen Senate Office Building, the Hon. Roman L. Hruska (chairman), presiding. Present: Senator Hruska. Also present: Thomas B. Collins, Counsel and Nancy E. Darr, Staff Assistant. Senator HRUSKA. The subcommittee will come to order. Today the subcommittee is meeting to hear testimony on two legislative proposals which contemplate the revision of the United States flag code. Notice of this hearing appeared in the Congressional Record on May 14, 1974. S. 340 was introduced by the senior Senator from Texas, Mr. Tower, for himself and the Senator from Rhode Island, Mr. Pell. The purpose of this bill is to establish a commission to study the usage, customs, and laws relating to the flag code. The second measure, Senate Joint Resolution 91, was introduced by the senior Senator from Florida, Mr. Gurney, and would call for a comprehensive revision and recodification of the existing flag code, which was enacted on December 22, 1942. [56 Stat. 1074]. That enactment was for the purpose of codifying the existing regulations pertaining to the use and display of the U.S. flag. Since that time, the code has served as a useful guide to civilians and civilian organizations in properly displaying and honoring our flag. In recent years, the flag code has been subject to a multitude of differing interpretations. These various interpretations have created a good deal of confusion among our citizens with regard to the proper use of our flag. It has become apparent that some of the long-standing customs and usages are outdated and need to be revised. Other provisions of the flag code seem to need clarification and reemphasis. Many patriotic organizations and interested individuals have expressed great concern over this matter. As we continue to move closer to the Bicentennial Celebration, it seems appropriate that Congress thoroughly and carefully review the code of conduct governing the use of our flag, the honored symbol of our proud Nation. (1) I am hopeful that the hearing today will produce a sound and complete hearing record upon which the entire Senate can fully consider legislation of this nature in the near future. [S. 340, S. J. Res. 91, and Public Law 77-829 follow:] S. 340, 93d Cong. First Sess. A BILL To establish a commission to study the usage, customs, and laws relating to the flag of the United States Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby established a commission to be known as the United States Flag Commission (hereafter referred to as the "Commission"). The Commission shall make a complete study of the usage, customs, and laws relating to the use and display of the flag of the United States. SEC. 2. (a) The Commission shall be composed of ten members, appointed by the President, by and with the advice and consent of the Senate, as follows: (1) two Members of the Senate from different political parties; (2) two Members of the House of Representatives from different political parties; (3) one member from the Department of Defense; and (4) five members from private life who have a special interest or or knowledge of the flag of the United States. (b) The President shall designate one of the members to serve as Chairman and one of the members to serve as Vice Chairman. (c) Any vacancy in the Commission shall not affect its powers, and six members of the Commission shall constitute a quorum. (d) Each member of the Commission who is appointed from private life shall receive $125 for each day (including traveltime) during which he is engaged in the actual performance of his duties as a member of the Commission. A member of the Commission who is otherwise serving as an officer or employee of the Government shall serve without additional compensation. All members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of such duties. SEC. 3. (a) The Commission is authorized to appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this Act. Such appointment shall be without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and such compensation shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (b) The Commission is authorized to obtain services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code. SEC. 4. (a) In carrying out the provisions of this Act, the Commission is authorized and directed to consult and cooperate with, and seek advice and assistance from, appropriate departments and agencies of the United States Government, State and local public bodies, learned societies, and historical, patriotic, civic, philanthropic, and related organizations. Such departments and agencies are authorized and requested to cooperate with the Commission in providing facilities, services, supplies, advice, and information that the Commission determines to be necessary to carry out the provisions of this Act. (b) The Commission is authorized to accept donations of money, property, or personal services. SEC. 5. Within one year after the date of enactment of this Act the Commission shall submit a comprehensive report of its study and activities to the President and the Congress. The report shall include specific recommendations of the Commission regarding changes in existing usage, customs, and laws relating to the flag of the United States. SEC. 6. The Commission shall cease to exist thirty days after submission of its report. SEC. 7. There is hereby authorized to be appropriated such funds as may be necessary to carry out the purposes of this Act. S. J. RES. 91, 93d Cong., 1st Sess. 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 striking out the second sentence of section 2(a) and inserting in lieu thereof the following: "However when a patriotic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness."; (2) by inserting in section 2(c) before the period a comma and the following: "unless it is an all-weather flag"; (3) 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, the 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), on the last Monday in May; Flag Day, June 14; Independence Day, July 4; Labor Day, first Monday in September; Citizenship Day, September 17; Columbus Day, the second Monday in October; Veterans Day, the fourth Monday in October; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; such other days as may be proclaimed by the President of the United States; the birthdays of States (dates of admission); and on State holidays."; (4) by striking out ", weather permitting," in section 2(e); (5) by striking out "radiator cap" in section 3(b) and inserting in lieu thereof "right fender"; (6) by inserting before the period in the last sentence of section 3 (f) a comma and the following: "its own right"; (7) 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."; (8) 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 clergyman'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."; (9) 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 principal 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 instruction 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 possession may proclaim that the National flag |