Early this summer, the Texas legislature passed a bill that codifies a protocol for folding the flag, and now Texans have an official method for folding the Lone Star Flag.

Authored by Sen. Judith Zaffirini of Laredo, and Sen. Leticia Van de Putte of San Antonio, the legislation goes into effect September 1, 2009.

SECTION 1.  Requires that this Act be known as the Rod Welsh Act, in honor of Rod Welsh, Sergeant-at-Arms of the Texas House of Representatives, who is primarily responsible for developing the method of folding the state flag of Texas established by this Act.

SECTION 2.  Amends Subchapter B, Chapter 3100, Government Code, by adding Section 3100.073, as follows:

Sec. 3100.073.  FOLDED STATE FLAG.  (a)  Provides that the state flag should be folded as follows: fold the flag in half lengthwise with the red stripe facing upward, fold the flag in half lengthwise once more, concealing the red stripe on the inside of the fold,  position the flag with the white star facing downward and the blue stripe facing upward,  fold the corner with the white stripe to the opposite side of the flag to form a triangle, continue folding the corners over in triangles until the resulting fold produces a blue triangle with a portion of the white star visible, and  secure all edges into the folds.

(b)  Provides that a folded state flag should be presented or displayed with all folded edges secured and with the blue stripe and a portion of the white star visible.

(c)  Provides that a folded state flag should be stored or displayed in a manner that prevents tearing or soiling of the flag.

SECTION 3.  Effective date: September 1, 2009.

Photo Credit: from the musical “Texas” in Palo Duro Canyon, Canyon Tx

From the Texas State Library and Archives Commission: General provisions regarding the Texas state flag, and information on the display of the flag, the flag pledge, and the retirement of the state flag are included in Chapter 3100 of the Texas Government Code, available from the Texas Constitution and Statutes site.

See Sec. 3100.059.  HORIZONTAL AND VERTICAL DISPLAY. 

(a)  If the state flag is displayed horizontally, the white stripe should be above the red stripe and, from the perspective of an observer, to the right of the blue stripe.

(b)  If the state flag is displayed vertically:

(1)  the blue stripe should be above the white and red stripes; and

(2)  the white stripe should be, from the perspective of an observer, to the left of the red stripe. (my italics)

This perfect photograph of the Lone Star flag was taken by Matt Pippen at the Texas Capitol in Austin.

By Robert M. Poole for Smithsonian magazine, November 2008

Long before it flew to the moon, waved over the White House or was folded into tight triangles at Arlington National Cemetery; before it sparked fiery Congressional debates, reached the North Pole or the summit of Mount Everest; before it became a lapel fixture, testified to the Marines’ possession of Iwo Jima, or fluttered over front porches, firetrucks and construction cranes; before it inspired a national anthem or recruiting posters for two world wars, the American ensign was just a flag.

 

For the rest of Robert M. Poole’s splendid story in Smithsonian magazine, go here.

On Wednesday, President George Bush and First Lady Laura Bush dedicated the renovated National Museum of American History. Today is the grand opening to the public, with retired Gen. Colin Powell scheduled to read President Abraham Lincoln’s Gettysburg Address.

The original Star-Spangled Banner—the one that flew over Fort McHenry and inspired America’s National Anthem—had long been displayed in the museum, but for the past ten years it has been in the hands of conservationists, who have carefully preserved the fragile flag.

Now it is beautifully displayed again in a specially designed gallery and enclosure that will protect this national treasure.

All photography from the Smithsonian web site.

See updated information about changes to the Texas flag code here.

A recurring question that shows up on every web site that writes about flags, or sell flags is this:  How do you fold a Texas flag?

The Texas Flag Code is silent on this, so there’s no help to be found there. I should mention that the U.S. Flag Code does not tell how to fold the Stars and Stripes either. The origins of our much-beloved tri-cornered fold is a mystery. Last year I speculated (with little scholarship) on this topic and wrote about it here. 

Recently the question came up again to NAVA members (North American Vexillological Association), and I shared information I’d received last year about folding the Texas flag. But it was wrong, and I mean 180 degrees wrong.

I had been told that the Texas House Sergeant at Arms folded the state flag in the usual triangle shape, finishing on the white stripe, so it was an all-white bundle.  Wrong, and I had failed to do my homework.

Determined to find the correct answer and looking for a place to start, I typed “Texas flag” into the Google search engine, clicked on “images” and took off. At 435 images into 910,000 returns, I found a very important photo. Taken at the graveside service for the funeral of former Texas governor Ann Richards, it showed seven Texas Department of Public Safety troopers. They had just removed the Lone Star flag from the governor’s casket, and were folding it.

Surely I thought, the pall bearers at Gov. Richards’s funeral, would have specific instruction on how to fold the Texas flag, so I telephoned the public information office at the Texas DPS in Austin and explained what I wanted. I wanted to know how those troopers had folded the flag.

It took a few days to get the answer, and it was prefaced with, “The Texas Flag Code doesn’t say how to fold the state flag … .” But one of the honor guard/pall bearers from Gov. Richards’s funeral sent the message that they had folded the flag in the traditional triangular fold, by folding the red stripe to the inside with the white stripe on the outside, then folding toward the blue end, finishing with just a bit of the white star showing. Proof One.

Next I called the office of the Texas (capitol building) House Sergeant at Arms. An intern there told me, “The Texas flag code doesn’t say how to fold the flag, but … .” I laughed (he didn’t.)  He told me that they do indeed fold the Texas flag in the traditional triangle, ending with the blue and showing part of the star, and that they packaged the flags in triangular-shaped boxes for mailing. Proof Two.

The intern in the Sergeant at Arms office gave me the name of an aide in Texas Gov. Rick Perry’s office who, in addition to his other duties fills the role of flag advisor, so I called the aide and explained my quest. He told me, “The Texas flag code doesn’t say how to fold the flag, but … .” We both had a good laugh, and he said that he gets phone calls every day from people asking how to fold the Texas flag.

The Governor’s aide said that lacking specific legislative instructions, the Governor’s office has traditionally folded the Texas flag into the standard triangle, with the blue end showing a bit of white star. Proof Three.

There it is. The Texas flag code gives no instructions for folding the flag, but the consensus from three Texas government offices is to fold the flag as a triangle, by folding the red stripe to the inside, then folding the white stripe down to to the blue end, so it finishes with a bit of the white Lone Star showing.

This morning my husband and I folded a 3′x5′ Texas flag three ways: all white, all red, and blue with a bit of star showing. It takes a lot of practice to make a tight right triangle, regardless which color you want it to be. Regulation Texas flags are stubby at a 2:3 ratio, while regulation U.S. flags are much longer, with a 1:1.9 ratio.

Most flag companies sell flags in 3′x5′, 4′x6′, 5′x8′ and so on. These are not regulation sizes but the are now the industry standard. Folding a 3′x5′ flag into a pretty triangular shape is not easy. It’s too short, and the folds do not come out even; you have to make a short fold first, then begin the triangle. With a regulation Texas flag in that 2:3 ratio, it would be very difficult to make a tight right triangle.

Casket flags are extra long, which makes them easier to fold. And the honor guards who do it are very good, and have practiced so their action is smooth and perfect. You really can’t stop and start over at a funeral. So if you are frustrated at trying to fold the American flag or any state flag, if you are teaching Scouts, or kids at school or at home, just remember that unless you have a regulation size flag, it is more difficult to fold a shorter flag, and you have to make some adjustments at the beginning so the end comes out right.

As for folding the Texas flag, there’s no right or wrong way, but you’ll be ok if you fold it like the state offices do.

The above photograph was taken by Larry Hendrick on the beach at San Luis Pass, on the western end of Galveston Island on the Texas coast. I was holding the flag pole, but the wind was blowing so hard, it bent the flag pole.

The State of Oregon celebrates its sesquicentennial next year (1859-2009), and The Oregonian newspaper in Portland has announced a contest to design a new flag for the state. It’s not sanctioned by the State of Oregon, but it’s a start.

The Oregon flag, like many state flags, uses the state seal on the obverse side. But unlike other flags, it has a beaver on the reverse side. Rendered in brilliant blue and gold, it’s chock-full of symbolism, but seen from a distance, the seal is just a golden blur. As for the beaver, it looks like a distant mountain, or collapsed bee skep.

Here’s the story from The Oregonian.

Should Oregon redesign the state flag? Want to give it a try?

 by Michael Milstein, The Oregonian

Saturday October 18, 2008

 

Show us your new Oregon state flag design

Not to complain. Not to bring up a touchy subject when there’s so much economic gloom to worry about.

But could we talk for a moment about updating Oregon’s flag? It won’t cost a cent to consider it, and it might be a fun way to get people thinking about what makes Oregon so special. It could even save a few bucks. Our state turns 150 next year: The perfect occasion for Oregonians to fashion a flag as distinctive as the state itself.

Picture the eye-catching symbolism of the great U.S. flag that instantly stands out from miles away. Now picture Oregon’s: not so bad up close, but tough to decipher or distinguish at any distance.

Oregon is unique, beautiful and innovative and deserves a flag that is, too. Maybe you like our state flag. Let us know that, too. It deserves respect. But maybe you have some ideas that would make it even better.

Right now one of the few things that sets it apart is its price: roughly twice the cost of other state flags because of its unusual two-sided design. 

The rest of the story is at The Oregonian.

I have written before that after the Lone Star, the flag of New Mexico is one of the first flags I learned to recognize because it was so distinctive. All of my neighbor states have terrific flags, and I have written about the flags of New Mexico, Oklahoma, Arkansas, and Louisiana here and here.

This will be a great story to follow, and maybe the state of Oregon will seriously consider a new flag that stands out in a crowd, yet reflects the history and traditions of Oregon. I wish them all success.

 The World Factbook

I have a 1990 edition of The World Factbook; I wonder how many flags have changed since then?

So—can you find Pitcairn Islands on the world map?

So why are the giant flag displays shown below a severe violation of the U.S. Flag Code?

Because there is only one circumstance in which the U.S. flag is permitted to be laid flat and draped, and that is when the flag is placed flat and horizontally on the coffins of our veterans, and those who have died in service to others. It is the only time the blue field is purposely—symbolically—placed to the left, over the heart.

The flat and horizontal flag position is symbolic of honor and mourning, and just like a half-staffed flag, it is reserved for this occasion only. It is this country’s greatest sorrow and our greatest honor, to drape the Stars and Stripes over the coffins of our veterans. It is not a half-time show.

Flag vocabulary is not universally known, so I created this diagram naming the different parts of a flag. As you see (click the image for larger picture), each component is given a distinct name, and there are even more than I’ve shown. Something I didn’t include on the diagram: the free flying end, opposite and parallel to the hoist, is also called the fly.

I am fascinated at how meticulous the U.S. Flag Code is in laying out the proportions for each component of the U.S. flag. Previously I wrote about the dimensions for length and width of the American flag, but many other details are available.

The Union’s position, size and color is addressed as well as the stripe width and diameter of the five-pointed stars in the Union.

Here is a chart to help understand how these go together. All the sizes are percentages of the hoist of the flag.

Flag Dimensions

As you can see, every detail is accounted for in the design for consistency. By following these guidelines, all of our flags will look right.

Tomorrow the U.S. Flag flies at full staff, with the POW-MIA flag, on the same pole flying directly underneath. Federal and military installations do not fly state flags, which is why the POW-MIA flag flies on the same pole.

The 105th Congress designated by law, with the passage of Section 1082(g) within the 1998 Defense Authorization Act—(linked here, but I have included the entire text at the end of this article), that the POW-MIA flag is to be flown at all Federal and U.S. Military Installations on these six days: Armed Forces Day, Memorial Day, Flag Day, Independence Day, POW-MIA Recognition Day, and Veterans Day. On holidays when the National flag is half-staffed, then the POW-MIA flag is half-staffed also.

The federal installations are:

The Capitol building and the White House, in Washington D.C.

The Korean War and Vietnam Veterans War Memorials,

Every National Cemetery

Any building containing the official offices of the Secretary of State

The offices of the Secretary of Veterans Affairs

The offices of the Director of the Selective Service System

Every Veterans Affairs Medical Center

Every U.S. Post Office (which are not permitted to fly state flags)

All national parks and national monument sites

The information below should be carefully noted because of the specificity.

(2) In addition to the days specified in paragraph (1) of this
    subsection, POW/MIA flag display days include –
        (A) in the case of display at the World War II Memorial, Korean
      War Veterans Memorial, and Vietnam Veterans Memorial (required by
      subsection (d)(3) of this section), any day on which the United
      States flag is displayed;
        (B) in the case of display at medical centers of the Department
      of Veterans Affairs (required by subsection (d)(7) of this
      section), any day on which the flag of the United States is
      displayed; and
        (C) in the case of display at United States Postal Service post
      offices (required by subsection (d)(8) of this section), the last
      business day before a day specified in paragraph (1) that in any
      year is not itself a business day.

Sections (A) and (B) mean that the POW-MIA flag is to always be flown at these locations on any day the U.S. flag is displayed. In practice, this would be very day of the year.

Section (C), which applies to U.S. Post Offices, means that the POW-MIA flag is to be flown the day before the designated holiday, if the day falls on a national holiday when the post office is not open (Memorial Day, Independence Day, and Veterans Day).

How should civilians fly the POW-MIA flag?

Last spring I contacted the office of one of my federal senators representing Texas, Sen. John Cornyn. I requested a finding from the Congressional Research Service, which exists to support members of Congress and their staffs on research inquiries. I received it in July.

I was flummoxed by the fact that the precise instructions for flying the POW-MIA flag only addresses federal and military installations, yet is carefully outlined in Title 36, Section 902 of the United States Code, which is written for civilians.

The Congressional Research Service was unable to find any further instruction regarding civilian flag protocol for the POW-MIA flag. Other VSOs (veterans service organizations) have asked for clarifying legislation, but nothing has changed yet. Civilian protocol is silent on this problem.

Incredibly, protocol for POW-MIA flag, the most highly esteemed flag of all VSOs, is not addressed for civilians in the U.S. Code, which is written for civilians. So it becomes necessary to establish a civilian POW-MIA flag protocol based on existing law.

Allow me to use the state of Texas as an example. All state flags may fly equal to, but never higher than the U.S. flag, if flown on separate poles. The Texas flag code says that only the U.S. flag can fly above the Texas flag, if the two flags are flown on the same pole.  According to the Texas flag code, the POW-MIA flag could never be flown above the Texas state flag. Other states follow the same protocol. The flag code never changes the order of precedence.

The Conclusion for civilians—how to do it

Civilians are not required to fly the POW-MIA flag, but if you want to, this is how to do it, after you sort out the flag code and flag precedence.

On the six designated holidays, when the U.S. Code calls for the POW-MIA flag to be flown underneath and next to the U.S. flag, and if there is only one flagpole in use, do not fly the state flag.

On the six designated holidays, if there are two poles in use, the POW-MIA flag flies underneath and next to the U.S. flag, and the state flag flies on the next pole. On non-holidays, the POW-MIA flag can still be flown underneath and next to the U.S. flag, because it is not higher than a state flag.

If there are three poles in use, and it is NOT one of the six designated POW-MIA flag flying days, then the POW-MIA flag would fly third in order of precedence, or on the third pole. It could still be flown underneath and next to the U.S. flag (which is the preferred position), and the third pole could be used for a city or corporate flag. The point is, the POW-MIA flag is never flown above a state flag, but may be flown equal to the U.S. flag, a state flag, and so on. If the location provides for many flagpoles and flags, then subsequent flags (after U.S. and state) are flown in order of congressional authorization (or incorporation), which is chronological.

I have come to this conclusion after detailed research and careful consultation with federal and military experts. It is a reasoned and thoughtful conclusion that adheres to the protocol and etiquette of all flags concerned, and in the absence of further legislation, I stand by it.

_______________________________________________________________________________________________________

CITE-
    36 USC CHAPTER 9 - MISCELLANEOUS                            01/02/2006

-EXPCITE-
    TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
                ORGANIZATIONS
    Subtitle I - Patriotic and National Observances and Ceremonies
    Part A - Observances and Ceremonies
    CHAPTER 9 - MISCELLANEOUS

-HEAD-
                         CHAPTER 9 - MISCELLANEOUS                     

-MISC1-
    Sec.
    901.        Service flag and service lapel button.
    902.        National League of Families POW/MIA flag.
    903.        Designation of Medal of Honor Flag.                   

                                AMENDMENTS
      2002 - Pub. L. 107-248, title VIII, Sec. 8143(b)(2), Oct. 23,
    2002, 116 Stat. 1570, added item 903.

-End-

-CITE-
    36 USC Sec. 901                                             01/02/2006

-EXPCITE-
    TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
                ORGANIZATIONS
    Subtitle I - Patriotic and National Observances and Ceremonies
    Part A - Observances and Ceremonies
    CHAPTER 9 - MISCELLANEOUS

-HEAD-
    Sec. 901. Service flag and service lapel button

-STATUTE-
      (a) Individuals Entitled To Display Service Flag. - A service
    flag approved by the Secretary of Defense may be displayed in a
    window of the place of residence of individuals who are members of
    the immediate family of an individual 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 are engaged.
      (b) Individuals Entitled To Display Service Lapel Button. - A
    service lapel button approved by the Secretary may be worn by
    members of the immediate family of an individual 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 are
    engaged.
      (c) License To Manufacture and Sell Service Flags and Service
    Lapel Buttons. - Any person may apply to the Secretary for a
    license to manufacture and sell the approved service flag, or the
    approved service lapel button, or both. Any person that
    manufactures a service flag or service lapel button without having
    first obtained a license, or otherwise violates this section is
    liable to the United States Government for a civil penalty of not
    more than $1,000.
      (d) Regulations. - The Secretary may prescribe regulations
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1267.)

-MISC1-

                       HISTORICAL AND REVISION NOTES
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large)
      Section
    --------------------------------------------------------------------
    901(a)         36:179.                 Oct. 17, 1942, ch. 615, 56
                                            Stat. 796; May 27, 1953, ch.
                                            70, 67 Stat. 35.
    901(b)         36:180.
    901(c)         36:181.
    901(d)         36:182.
    --------------------------------------------------------------------

      In subsection (c), the text of 36:181 (1st sentence) is omitted
    as executed. The word "Thereafter" is omitted as obsolete. The
    words "is liable to the United States Government for a civil
    penalty of" are substituted for "shall, upon conviction thereof, be
    fined" for consistency in the revised title and with other titles
    of the United States Code.

-End-

-CITE-
    36 USC Sec. 902                                             01/02/2006

-EXPCITE-
    TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
                ORGANIZATIONS
    Subtitle I - Patriotic and National Observances and Ceremonies
    Part A - Observances and Ceremonies
    CHAPTER 9 - MISCELLANEOUS

-HEAD-
    Sec. 902. National League of Families POW/MIA flag

-STATUTE-
      (a) Designation. - The National League of Families POW/MIA flag
    is designated as the symbol of our Nation's concern and commitment
    to resolving as fully as possible the fates of Americans still
    prisoner, missing, and unaccounted for in Southeast Asia, thus
    ending the uncertainty for their families and the Nation.
      (b) Required Display. - The POW/MIA flag shall be displayed at
    the locations specified in subsection (d) of this section on
    POW/MIA flag display days. The display serves -
        (1) as the symbol of the Nation's concern and commitment to
      achieving the fullest possible accounting of Americans who,
      having been prisoners of war or missing in action, still remain
      unaccounted for; and
        (2) as the symbol of the Nation's commitment to achieving the
      fullest possible accounting for Americans who in the future may
      become prisoners of war, missing in action, or otherwise
      unaccounted for as a result of hostile action.

      (c) Days for Flag Display. - (1) For purposes of this section,
    POW/MIA flag display days are the following:
        (A) Armed Forces Day, the third Saturday in May.
        (B) Memorial Day, the last Monday in May.
        (C) Flag Day, June 14.
        (D) Independence Day, July 4.
        (E) National POW/MIA Recognition Day.
        (F) Veterans Day, November 11.

      (2) In addition to the days specified in paragraph (1) of this
    subsection, POW/MIA flag display days include -
        (A) in the case of display at the World War II Memorial, Korean
      War Veterans Memorial, and Vietnam Veterans Memorial (required by
      subsection (d)(3) of this section), any day on which the United
      States flag is displayed;
        (B) in the case of display at medical centers of the Department
      of Veterans Affairs (required by subsection (d)(7) of this
      section), any day on which the flag of the United States is
      displayed; and
        (C) in the case of display at United States Postal Service post
      offices (required by subsection (d)(8) of this section), the last
      business day before a day specified in paragraph (1) that in any
      year is not itself a business day.

      (d) Locations for Flag Display. - The locations for the display
    of the POW/MIA flag under subsection (b) of this section are the
    following:
        (1) The Capitol.
        (2) The White House.
        (3) The World War II Memorial, the Korean War Veterans
      Memorial, and the Vietnam Veterans Memorial.
        (4) Each national cemetery.
        (5) The buildings containing the official office of -
          (A) the Secretary of State;
          (B) the Secretary of Defense;
          (C) the Secretary of Veterans Affairs; and
          (D) the Director of the Selective Service System.

        (6) Each major military installation, as designated by the
      Secretary of Defense.
        (7) Each medical center of the Department of Veterans Affairs.
        (8) Each United States Postal Service post office.

      (e) Coordination With Other Display Requirement. - Display of the
    POW/MIA flag at the Capitol pursuant to subsection (d)(1) of this
    section is in addition to the display of that flag in the Rotunda
    of the Capitol pursuant to Senate Concurrent Resolution 5 of the
    101st Congress, agreed to on February 22, 1989 (103 Stat. 2533).
      (f) Display To Be in a Manner Visible to the Public. - Display of
    the POW/MIA flag pursuant to this section shall be in a manner
    designed to ensure visibility to the public.
      (g) Limitation. - This section may not be construed or applied so
    as to require any employee to report to work solely for the purpose
    of providing for the display of the POW/MIA flag.

-SOURCE-
    (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1268; Pub. L. 105-354,
    Sec. 1(1), Nov. 3, 1998, 112 Stat. 3238; Pub. L. 107-323, Sec.
    2(a), (b), Dec. 4, 2002, 116 Stat. 2787.)

-MISC1-

                       HISTORICAL AND REVISION NOTES
                              PUB. L. 105-225
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large)
      Section
    --------------------------------------------------------------------
    902(a)         36:189.                 Aug. 10, 1990, Pub. L.
                                            101-355, Sec. 2, 104 Stat.
                                            416.
    902(b)         36:189 note.            Dec. 5, 1991, Pub. L.
                                            102-190, title X, Sec.
                                            1084(a)-(c), (e), 105 Stat.
                                            1482, 1483.
    902(c)         36:189 note.            Dec. 5, 1991, Pub. L.
                                            102-190, title X, Sec.
                                            1084(d), 105 Stat. 1483.
    --------------------------------------------------------------------

      In subsection (b), the text of section 1084(c) of the National
    Defense Authorization Act for Fiscal Years 1992 and 1993 (Public
    Law 102-190, 105 Stat. 1483) is omitted as executed.

                              PUB. L. 105-354
      This amends section 902 of title 36 to reflect changes made by
    section 1082 of the National Defense Authorization Act for Fiscal
    Year 1998 (Public Law 105-85, Nov. 18, 1997, 111 Stat. 1917, 36
    App. U.S.C. 189a).
      Section 1082(g) of that Act, which defined "POW/MIA flag" as used
    in section 1082 by reference to section 2 of Public Law 101-355, is
    unnecessary because the two provisions are restated together in
    section 902 of title 36.
      Section 1082(h), which required that regulations be prescribed no
    later than 180 days after enactment of Public law 105-85, is
    repealed as executed.
      Section 1082(i), which required that the Administrator of GSA
    procure and distribute POW/MIA flags no later than 30 days after
    enactment of Public Law 105-85, is repealed as executed.
      Section 1082(j), which repealed section 1084 of Public Law 102-
    190 (previously restated as subsections (b) and (c) of section 902
    of title 36), is repealed as executed.

                                AMENDMENTS
      2002 - Subsec. (c)(2). Pub. L. 107-323, Sec. 2(b), added subpar.
    (A) and redesignated former subpars. (A) and (B) as (B) and (C),
    respectively.
      Subsec. (d)(3). Pub. L. 107-323, Sec. 2(a), substituted "The
    World War II Memorial, the Korean War Veterans Memorial, and the
    Vietnam Veterans Memorial" for "The Korean War Veterans Memorial
    and the Vietnam Veterans Memorial".
      1998 - Subsecs. (b) to (g). Pub. L. 105-354 added subsecs. (b) to
    (g) and struck out former subsecs. (b) and (c) which read as
    follows:
      "(b) Display. - The flag shall be displayed -
        "(1) at each national cemetery and at the National Vietnam
      Veterans Memorial each year on Memorial Day and Veterans Day and
      on any day designated by law as National POW/MIA Recognition Day;
      and
        "(2) on, or on the grounds of, the buildings containing the
      primary offices of the Secretaries of State, Defense, and
      Veterans Affairs, and the Director of the Selective Service
      System on any day designated by law as National POW/MIA
      Recognition Day.
      "(c) Termination of Flag Display Requirement. - Subsection (b) of
    this section ceases to apply when the President decides that the
    fullest possible accounting has been made of all members of the
    Armed Forces and civilian employees of the United States Government
    who have been identified as prisoners of war or missing in action
    in Southeast Asia."

                       DISPLAY ON EXISTING FLAGPOLE
      Pub. L. 107-323, Sec. 2(c), Dec. 4, 2002, 116 Stat. 2788,
    provided that: "No element of the United States Government may
    construe the amendments made by this section [amending this
    section] as requiring the acquisition of [sic] erection of a new or

    additional flagpole for purposes of the display of the POW/MIA
    flag."

-End-

-CITE-
    36 USC Sec. 903                                             01/02/2006

-EXPCITE-
    TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
                ORGANIZATIONS
    Subtitle I - Patriotic and National Observances and Ceremonies
    Part A - Observances and Ceremonies
    CHAPTER 9 - MISCELLANEOUS

-HEAD-
    Sec. 903. Designation of Medal of Honor Flag

-STATUTE-
      (a) Designation. - The Secretary of Defense shall design and
    designate a flag as the Medal of Honor Flag. In selecting the
    design for the flag, the Secretary shall consider designs submitted
    by the general public.
      (b) Presentation. - The Medal of Honor Flag shall be presented as
    specified in sections 3755, 6257, and 8755 of title 10 and section
    505 of title 14.

-SOURCE-
    (Added Pub. L. 107-248, title VIII, Sec. 8143(b)(1), Oct. 23, 2002,
    116 Stat. 1570.)

-MISC1-
                                 FINDINGS
      Pub. L. 107-248, title VIII, Sec. 8143(a), Oct. 23, 2002, 116
    Stat. 1570, provided that: "Congress finds that -
        "(1) the Medal of Honor is the highest award for valor in
      action against an enemy force which can be bestowed upon an
      individual serving in the Armed Forces of the United States;
        "(2) the Medal of Honor was established by Congress during the
      Civil War to recognize soldiers who had distinguished themselves
      by gallantry in action;
        "(3) the Medal of Honor was conceived by Senator James Grimes
      of the State of Iowa in 1861; and
        "(4) the Medal of Honor is the Nation's highest military honor,
      awarded for acts of personal bravery or self-sacrifice above and
      beyond the call of duty."

                    PRESENTATION OF MEDAL OF HONOR FLAG
      Pub. L. 107-248, title VIII, Sec. 8143(d), Oct. 23, 2002, 116
    Stat. 1571, provided that: "The President shall provide for the
    presentation of the Medal of Honor Flag designated under section
    903 of title 36, United States Code, as added by subsection (b), to
    each person awarded the Medal of Honor before the date of enactment
    of this Act [Oct. 23, 2002] who is living as of that date. Such
    presentation shall be made as expeditiously as possible after the
    date of the designation of the Medal of Honor Flag by the Secretary
    of Defense under such section."

-End-

-CITE-
    36 USC Part B - United States Government Organizations
                     Involved With Observances and
                     Ceremonies                            01/02/2006

-EXPCITE-
    TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
                ORGANIZATIONS
    Subtitle I - Patriotic and National Observances and Ceremonies
    Part B - United States Government Organizations Involved With
              Observances and Ceremonies              

-HEAD-
       PART B - UNITED STATES GOVERNMENT ORGANIZATIONS INVOLVED WITH
                        OBSERVANCES AND CEREMONIES

-End-

I have written here at length about the Freedom to Display the American Flag Act of 2005 (Public Law 109-243). Here is a story from the Baltimore Sun where a woman is flying the flag in violation of her condo by-laws, and defending her actions by claiming she has the right to fly the flag, predicated on the Act.

In my opinion, she is being un-cooperative.

Poignant reminder flies in the face of the rules

Condo company wants flagpole in Elkridge removed

By Larry Carson, August 28, 2008

When Lindsay Major Ringgold returns to her Elkridge condominium each day, the sight of a modest American flag on the patio of her first-floor unit gives her comfort. Along with a large yellow ribbon tied to a tree nearby, the flag is a poignant reminder of her husband, Sgt. James Ringgold, a member of the Army Reserve serving in Iraq. "It makes me think of him," she said, explaining her emotional attachment to the fraying flag that has flown since August 2006, just after the couple bought the unit and were married. That’s why the 29-year-old was upset when she got a letter Aug. 11 from the condominium association management company asking her to take the flagpole down.

"For them to ask me to take it down is very hurtful," she said.

For the rest of this article, follow this link to the Baltimore Sun.

The condo management wants Ringgold to remove the flag, pole, and bracket from the load-bearing support pole where she currently has it mounted. Management says the support pole is part of the common structure of the complex.

According to the management, Ringgold is welcome to re-mount her flag on what is her property, but she refuses, citing the Freedom to Display the American Flag Act of 2005.

Mrs. Ringgold, please cooperate and move your flag to another location. If that is your porch, door and windows that I see in the *photograph, then you have several locations where you can mount the bracket and fly your flag. Not as nice as the pole, I agree, but you do have alternatives. And I support the troops 100% too.

For what it’s worth, if that whole corner of the condo building is resting on a slim 4"x4" support pole, I’d be out there stacking cinder blocks along each side, all the way to the top. When Mrs. Ringgold does remove her flag, pole, and bracket, I’m sure the condo management will have that weakened pole replaced with a new one.

*Baltimore Sun photograph by Patrick Smith / August 26, 2008