AMENDMENTS

1976-Pub. L. 94-344 substituted in first sentence "with right hand over the heart" for ", and salute" and struck out "Men without hats should salute in the same manner." preceding "Aliens should" and "Women should salute by placing right hand over the heart." preceding “The salute to the flag". 1942, substituted

1942-Act Dec. 22, "military salute," for "right-hand salute" in second sentence, "should salute in the same manner," for "merely stand at attention" in fourth sentence, and added fifth sentence.

CROSS REFERENCES

Alien as used in Immigration and Nationality Act defined, see section 1101 of Title 8, Aliens and Nationality.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 178 of this title. § 178. Modification of rules and customs by President Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever he deems it to be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.

(June 22, 1942, ch. 435, § 8, 56 Stat. 380; Dec. 22, 1942, ch. 806, § 8, 56 Stat. 1077; July 7, 1976, Pub. L. 94-344, § 1(20), 90 Stat. 813.)

REFERENCES IN TEXT

Herein, referred to in text, means act June 22, 1942, which is classified to sections 171 to 178 of this title.

AMENDMENTS

1976-Pub. L. 94-344 substituted “Armed Forces" for "Army and Navy".

1942-Act Dec. 22, 1942, reenacted section without change.

PROC. NO. 2605. THE FLAG OF THE UNITED STATES Proc. No. 2605, Feb. 18, 1944, 9 F.R. 1957, 58 Stat. 1126, provided:

The flag of the United States of America is universally representative of the principles of the justice, liberty, and democracy enjoyed by the people of the United States; and

People all over the world recognize the flag of the United States as symbolic of the United States; and

The effective prosecution of the war requires a proper understanding by the people of other countries of the material assistance being given by the Government of the United States:

NOW, THEREFORE, by virtue of the power vested in me by the Constitution and laws of the United States, particularly by the Joint Resolution approved June 22, 1942, as amended by the Joint Resolution approved December 22, 1942 [sections 171 to 178 of this title], as President and Commander in Chief, it is hereby proclaimed as follows:

1. The use of the flag of the United States or any representation thereof, if approved by the Foreign Economic Administration, on labels, packages, cartons, cases, or other containers for articles or products of the United States intended for export as lend-lease aid, as relief and rehabilitation aid, or as emergency supplies for the Territories and possessions of the United States, or similar purposes, shall be considered a proper use of the flag of the United States and consistent with the honor and respect due to the flag.

2. If any article or product so labelled, packaged or otherwise bearing the flag of the United States or any representation thereof, as provided for in section 1, should, by force of circumstances, be diverted to the ordinary channels of domestic trade, no person shall be considered as violating the rules and customs pertaining to the display of the flag of the United States, as set forth in the Joint Resolution approved June 22, 1942, as amended by the Joint Resolution approved December 22, 1942 (U.S.C., Supp. II, title 36, secs. 171-178) for possessing, transporting, displaying, selling or otherwise transferring any such article or product solely because the label, package, carton, case, or other container bears the flag of the United States or any representation thereof.

PROC. NO. 4000. DISPLAY OF FLAG AT WHITE HOUSE Proc. No. 4000, Sept. 4, 1970, 35 F.R. 14187, provided: WHEREAS the joint resolution of Congress of June 22, 1942, 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 by the joint resolution of December 22, 1942, 56 Stat. 1074 [sections 173 to 178 of this title], contains the following provisions:

"Sec. 2. (a) It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, the flag may be displayed at night upon special occasions when it is desired to produce a patriotic effect.

"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, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Army and Navy 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."; and

WHEREAS the White House is a house that belongs to all the people; and

WHEREAS the White House, as the home of the President and his family, symbolizes the love of home and family which has long characterized our people; and

WHEREAS it is customary for many of our own citizens and many persons from other countries who visit our Nation's Capital to view the White House at night; and

WHEREAS it is thus appropriate that the flag be flown over the White House by night as well as by day:

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim that the flag of the United States of America shall hereafter be displayed at the White House at all times during the day and night, except when the weather is inclement.

The rules and customs pertaining to the display of the flag as set forth in the joint resolution of June 22, 1942, as amended, are hereby modified accordingly.

IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of September, in the year of our Lord nineteen hundred and seventy, and of the Independence of the United States of America the one hundred and ninety-fifth.

RICHARD NIXON.

§ 179. Design for service flag; persons entitled to display flag

The Secretary of Defense is authorized and directed to approve a design for a service flag, which flag may be displayed in a window of the place of residence of persons who are members of the immediate family of a person serving in

the armed forces of the United States during any period of war or hostilities in which the Armed Forces of the United States may be engaged.

(Oct. 17, 1942, ch. 615, § 1, 56 Stat. 796; May 27, 1953, ch. 70, 67 Stat. 35.)

AMENDMENTS

1953-Act May 27, 1953, substituted "Secretary of Defense" for "Secretary of War" and struck out the words "the current war" at the end of the section, inserting in lieu thereof the words "any period of war or hostilities in which the Armed Forces of the United States may be engaged".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 181, 182 of this title.

§ 180. Design for service lapel button; persons entitled to wear button

The Secretary of Defense is also authorized and directed to approve a design for a service lapel button, which button may be worn by members of the immediate family of a person serving in the armed forces of the United States during any period of war or hostilities in which the Armed Forces of the United States may be engaged.

(Oct. 17, 1942, ch. 615, § 2, 56 Stat. 796; May 27, 1953, ch. 70, 67 Stat. 35.)

AMENDMENTS

1953-Act May 27, 1953, substituted "Secretary of Defense" for "Secretary of War" and struck out the words "the current war" at the end of the section, inserting in lieu thereof the words "any period of war or hostilities in which the Armed Forces of the United States may be engaged".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 181, 182 of this title.

§ 181. Approval of designs by Secretary of Defense; license to manufacture and sell; penalties

Upon the approval by the Secretary of Defense of the design for such service flag and service lapel button, he shall cause notice thereof, together with a description of the approved flag and button, to be published in the Federal Register. Thereafter any person may apply to the Secretary of Defense for a license to manufacture and sell the approved service flag, or the approved service lapel button, or both. Any person, firm, or corporation who manufactures any such service flag or service lapel button without having first obtained such a license, or otherwise violates sections 179 to 182 of this title, shall, upon conviction thereof, be fined not more than $1,000.

(Oct. 17, 1942, ch. 615, § 3, 56 Stat. 796; May 27, 1953, ch. 70, 67 Stat. 35.)

§ 182. Rules and regulations

The Secretary of Defense is authorized to make such rules and regulations as may be necessary to carry out the provisions of sections 179 to 182 of this title.

(Oct. 17, 1942, ch. 615, § 4, 56 Stat. 796; May 27, 1953, ch. 70, 67 Stat. 35.)

AMENDMENTS

1953-Act May 27, 1953, substituted "Secretary of Defense" for "Secretary of War".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 181 of this title.

§§ 182a to 182d. Repealed. Pub. L. 89-534, § 2, Aug. 11, 1966, 80 Stat. 345

Section 182a, acts Aug. 1, 1947, ch. 426, § 1, 61 Stat. 710; Aug. 21, 1951, ch. 339, 65 Stat. 195, related to the creation of the gold star lapel button. See section 1126 of Title 10, Armed Forces.

Section 182b, acts Aug. 1, 1947, ch. 426, § 2, 61 Stat. 710; Aug. 21, 1951, ch. 339, 65 Stat. 195, related to the eligibility for the gold star lapel button. See section 1126 of Title 10.

Section 182c, acts Aug. 1, 1947, ch. 426, § 3, 61 Stat. 710; Aug. 21, 1951, ch. 339, 65 Stat. 195, related to definitions with regard to the gold star lapel button. See section 1126 of Title 10.

Section 182d, acts Aug. 1, 1947, ch. 426, § 4, 61 Stat. 710; Aug. 21, 1951, ch. 339, 65 Stat. 195, related to penalties applicable for misuse of the gold star lapel button.

§§ 183, 184. Repealed. Pub. L. 85-857, § 14(84), Sept. 2, 1958, 72 Stat. 1272

Section 183, act Nov. 22, 1943, ch. 301, § 1, 57 Stat. 590, authorized a gift to the relative of a deceased member of the armed forces of the United States flag used at such members funeral. See section 901 of Title 38, Veterans' Benefits.

Section 184, act Nov. 22, 1943, ch. 301, § 2, 57 Stat. 591, authorized the prescription of regulations and appropriations for purposes of section 183 of this title.

EFFECTIVE Date of REPEAL

Repeal of sections by Pub. L. 85-857 effective Jan. 1, 1959, see section 2 of Pub. L. 85-857, set out as an Effective Date note preceding Part I of Title 38, Veterans' Benefits.

§ 185. Transferred

CODIFICATION

Section, act Apr. 17, 1952, ch. 216, 66 Stat. 64, which related to the National Day of Prayer, was transferred to section 169h of this title.

§ 186. National motto

The national motto of the United States is declared to be "In God we trust."

(July 30, 1956, ch. 795, 70 Stat. 732.)

CHAPTER 11-CIVIL AIR PATROL

The following-named persons, to wit: Harold F. Wood, of Alabama; J. M. Morris, of Arizona; Rex P. Hayes, of Arkansas; Bertrand Rhine, of California; J. A. Smethills, of Colorado; W. T. Gilbert, of Connecticut; William J. Simpson, of Delaware; Zack T. Mosley, of Florida; J. L. Dobbins, of Georgia; Leverett Davis, of Idaho; Gordon A. DaCosta, of Illinois; Walker W. Winslow, of Indiana; Don C. Johnston, of Iowa; J. Howard Wilcox, of Kansas; W. S. Rinehart, of Kentucky; Richard G. Jones, of Louisiana; Guy P. Gannett, of Maine; Edward R. Fenimore, of Maryland; John Shennett, of Massachusetts; Ray R. Baker, of Michigan; Clayton N. Wulff, of Minnesota; J. R. Dowd, of Mississippi; L. W. Greene, of Missouri; Roy W. Milligan, of Montana; Rudy C. Mueller, of Nebraska; Eugene H. Howell, of Nevada; John F. Brown, of New Hampshire; Frank D. Carvin, of New Jersey; Lewis W. Graham, of New Mexico; Stuart C. Welch, of New York; Frank E. Dawson, of North Carolina; Irven A. Myhra, of North Dakota; George A. Stone, of Ohio; W. H. Shockey, of Oklahoma; G. Robert Dodson, of Oregon; Phillip F. Neuweiler, of Pennsylvania; Norris W. Rakestraw, of Rhode Island; Dexter C. Martin, of South Carolina; James R. Barnett, of South Dakota; W. C. Whelen, of Tennessee; D. Harold Byrd, of Texas; Joseph D. Bergin, of Utah; William V. Mason, of Vermont; Allan C. Perkinson, of Virginia; E. R. Schiller, of Washington; Hubert H. Stark, of West Virginia; John F. Stratton, of Wisconsin; and Albert W. Dickinson, Junior, of Wyoming, and their associates and successors, are incorporated and declared to be a body corporate by the name of the Civil Air Patrol (hereinafter referred to as the "corporation").

(July 1, 1946, ch. 527, § 1, 60 Stat. 346.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 204, 206 of this title.

§ 202. Objects and purposes of corporation

The objects and purposes of the corporation shall be

(a) To provide an organization to encourage and aid American citizens in the contribution of their efforts, services, and resources in the development of aviation and in the maintenance of air supremacy, and to encourage and develop by example the voluntary contribution of private citizens to the public welfare;

(b) To provide aviation education and training especially to its senior and cadet members; to encourage and foster civil aviation in local communities and to provide an organization of private citizens with adequate facilities to assist in meeting local and national emergencies. (July 1, 1946, ch. 527, § 2, 60 Stat. 346.)

CROSS REFERENCES

Citizenship clause, see Const. Amend. 14, § 1.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 201, 206 of this title; title 10 section 9441.

§ 203. Membership

Eligibility for membership in the corporation and the rights and privileges of members shall be determined according to the constitution and bylaws of the corporation: Provided, That the original members shall consist of the present Civil Air Patrol membership, numbering more than one hundred thousand senior and cadet members.

(July 1, 1946, ch. 527, § 3, 60 Stat. 346.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 201, 206 of this title.

§ 204. Prohibition against issuance of stock or business activities; completion of organization

(a) The corporation shall have no power to issue capital stock or engage in business for pecuniary profit or gain, its objects and purposes being solely of a benevolent character and not for the pecuniary profit or gain of its members.

(b) The persons named in section 201 of this title, their associates, and successors are authorized to complete the organization of the corporation by the selection of officers, the adoption of a constitution and bylaws, the promulgation of rules or regulations that may be necessary for the accomplishment of the purposes of this corporation, and the doing of such other acts as may be necessary for such purposes.

(July 1, 1946, ch. 527, § 4, 60 Stat. 347.)

(b) To acquire, hold, mortgage, and dispose of such real and personal property as may be necessary for its corporate purposes;

(c) To accept gifts, legacies, and devises which will further the corporate purposes;

(d) To adopt and alter a corporate seal; (e) To adopt and alter a constitution, bylaws, rules and regulations, not inconsistent with law; (f) To establish and maintain offices for the conduct of the affairs of the corporation in the District of Columbia and in the several States and Territories of the United States;

(g) To do any and all acts and things necessary and proper to carry into effect the objects and purposes of the corporation.

(July 1, 1946, ch. 527, § 5, 60 Stat. 347.)

238.

§ 206. Exclusive right to name, insignia, copyrights, emblems and badges

The corporation shall have the sole and exclusive right to the name "Civil Air Patrol" and to have and to use, in carrying out its purposes, all insignia, copyrights, emblems and badges, descriptive or designating marks, and words or phrases now or prior to July 1, 1946 used by the Civil Air Patrol in carrying out its program: Provided, however, That no powers or privileges herein granted shall interfere or conflict with established or vested rights.

(July 1, 1946, ch. 527, § 6, 60 Stat. 347.)

239.

Headquarters; agent to accept service of process.

Exclusive right to name, seals, emblems, and badges.

Reservation of right to amend or repeal chapter.

§ 221. Corporation created

The following-named persons, to wit, Colonel Clarence E. Barnes, Military Intelligence Reserve, Guthrie, Oklahoma; Colonel Henry G. Nulton, Infantry Reserve, 2 Broad Street, Elizabeth, New Jersey; Colonel Horace B. Hanson, Junior, Corps of Engineers Reserve, 700 Eighth Terrace, West Birmingham 4, Alabama; Brigadier General Donald B. Adams, Organized Reserve Corps, 391 Beachmont Drive, New Rochelle, New York; Commander John P. Bracken, United States Naval Reserve, 2107 Fidelity-Philadelphia Trust Building, Philadelphia 9, Pennsylvania; Captain Robert A. Hall, United States Marine Corps Reserve, 4229 Emerson Street, Dallas, Texas; Captain Jesse Draper, United States Naval Reserve, Grant Building, Atlanta, Georgia; Colonel Morris J. Brummer, United States Air Force Reserve, 2017 Mariposa Street, Fresno, California; Captain Milton Zacharias, United States Air Force Reserve, 241 North Broadview, Wichita, Kansas; Captain Richard L. Wynes, United States Air Force Reserve, 2360 Coates Street, Dubuque, Iowa; Lieutenant Colonel Thomas H. King, Judge Advocate Generals Corps, Reserve, 5024 Bradley Boulevard, Chevy Chase, Maryland; Major Guilford D. Cummings, Junior, Corps of Engineers Reserve, 2317 Stary Avenue, Schenectady, New York; Lieutenant Colonel Harry P. Abbott, Chaplain Reserve, 6510 Cautrell Road, Little Rock, Arkansas; Colonel Edward M. Silverberg, Dental Corps Reserve, 809 Republic Building, Denver 2, Colorado; Colonel Eugene P. Walters, Field Artillery Reserve, First Military Government Battalion, A.P.O. 154, care of Postmaster, New York, New York; Lieutenant Commander L. R. Smith, United States Naval Reserve, E. S. S.INDGHQ-SCAP, A. P. O. 500, San Francisco, California; Colonel William H. Neblett, United States Air Force Reserve, 815 Fifteenth Street Northwest, Washington, District of Columbia; Brigadier General E. A. Evans, Organized Reserve Corps, 6336 Thirty-first Place Northwest, Washington, District of Columbia; Colonel C. M. Boyer, Honorary Reserve, 3518 South Utah Street, Fairlington, Virginia; Colonel John P. Oliver, Judge Advocates General Corps, Reserve, 4524 Fulton Avenue, Van Nuys, California; Colonel John T. Carlton, Armored Cavalry Reserve, 1617 Crestwood Drive, Alexandria, Virginia, their successors, and persons admitted to membership pursuant to the provisions of this chapter, are created a body corporate by the name of Reserve Officers Association of the United States (hereinafter referred to as the "corporation"), and by such name shall be known, and have perpetual succession and the powers, limitations, and restrictions contained in this chapter.

(June 30, 1950, ch. 431, § 1, 64 Stat. 312.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 222 of this title.

§ 222. Completion of organization

A majority of the persons named in section 221 of this title and other persons selected from the membership of the Reserve Officers Association of the United States, an unincorporated association with national headquarters in the District of Columbia, met in national convention in Denver, Colorado, on June 16, 17, 18, and 19, 1948, and then and there, by and through duly elected delegates, adopted a national constitution and bylaws, elected national officers for such association, and did other acts and things necessary to the organization and continuance of the association. Such meeting in national convention, and the doing of such acts and things, on such dates, shall be held and considered to be a completion of the corporate organization of the Reserve Officers Association of the United States, the corporation created by this chapter.

(June 30, 1950, ch. 431, § 2, 64 Stat. 313.)

§ 223. Objects and purposes of corporation

The object and purpose of the corporation shall be to support a military policy for the United States that will provide adequate national security and to promote the development and execution thereof.

(June 30, 1950, ch. 431, § 3, 64 Stat. 313.)

§ 224. Powers of corporation

The corporation shall have perpetual succession and power

(1) to sue and be sued;

(2) to acquire, hold, lease, and dispose of such real and personal property as may be necessary to carry out the corporate object and purpose;

(3) to accept gifts, legacies, and devises in furtherance of the corporate object and purpose;

(4) to adopt and alter a corporate seal;

(5) to adopt and alter a constitution and bylaws not inconsistent with the laws of the United States or of any State;

(6) to establish, regulate, and discontinue subordinate departmental subdivisions and local chapters;

(7) to adopt and alter emblems and badges; (8) to publish a newspaper, magazine, or other publications; and

(9) to do any and all acts and things necessary and proper to carry out the object and purpose of the corporation.

(June 30, 1950, ch. 431, § 4, 64 Stat. 313.)

§ 225. Membership

Eligibility for membership in the corporation shall be determined according to the constitution and bylaws of the corporation.

(June 30, 1950, ch. 431, § 5, 64 Stat. 313.)

§ 226. Officers of corporation

Officers of the corporation shall be a president, three vice presidents, three junior vice presidents, three national executive committeemen, an executive director, a national treasurer, judge advocate, surgeon, chaplain, historian, public relations officer, and such other officers as may be determined in national convention by the corporation.

(June 30, 1950, ch. 431, § 6, 64 Stat. 313.)

§ 227. National executive committee (a) Composition

The governing body of the corporation shall be a national executive committee consisting of the president, the last past president, three vice presidents, three junior vice presidents, three national executive committeemen, and the executive director. Each of such persons constituting the national executive committee, except the executive director, shall have one vote upon all matters determined by the committee.

(b) Election of national officers; term of office; appointments

The national officers of the corporation shall be elected at an annual national convention and shall hold office for one year or until their successors have been duly elected and qualified, except the executive director, the national treasurer, and the national public relations officer, who shall be appointed by the national executive committee. In the event of the death, inability to serve, or resignation of any member of the national executive committee, other than the last past president or the president, the vacancy shall be filled by the existing members of the national executive committee. Any person appointed by the committee to fill a vacancy shall serve until the next national convention when his successor shall be elected for the unexpired term, if any, caused by the vacancy. The national vice president of the same service as the president shall assume the duties and have the powers of the president in the event of his death, inability to serve, resignation, or absence.

(c) Composition of national convention

The national convention shall be composed of delegates elected by the various departments. (d) Composition of present national executive committee

The present national executive committee is composed of the following: Colonel Clarence E. Barnes, Military Intelligence Reserve, Guthrie, Oklahoma; Colonel William H. Neblett, United States Air Force Reserve, 815 Fifteenth Street Northwest, Washington, District of Columbia; Colonel Henry G. Nulton, Infantry Reserve, 2 Broad Street, Elizabeth, New Jersey; Commander John P. Bracken, United States Naval Reserve, Trust Fidelity-Philadelphia Building, Philadelphia 9, Pennsylvania; Colonel Morris J. Brummer, United States Air Force Reserve, 2017 Mariposa Street, Fresno, California; Colonel Horace B. Hanson, Junior, Corps of Engineers Reserve, 700 Eighth Terrace, West

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