GSA_Flag_Policy_122107.pdf

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GSA Flag Policy 122107

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Attachment

Flag Policy

1. Purpose. This document establishes policy and provides procedural guidance on flying the flag of the United States of America (Flag) and other flags and pennants for General Services Administration (GSA) facility management personnel and Federal agencies operating GSA-delegated buildings.

2. Procedures. The Flag shall be flown at all Federal buildings under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator of General Services (Administrator), and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease.

3. Responsibilities.

a. GSA-Controlled Buildings. Unless specifically provided otherwise in this policy, GSA shall be responsible for flying the Flag at all GSA-controlled locations.

b. Other Locations.

1) Delegated. The agency delegated real property operation and maintenance authority shall fly the Flag at the delegated locations.

2) Leased Locations. If provided for in the lease, either GSA, the tenant agency or the lessor shall be responsible for flying the Flag.

4. Contract Guards. The Department of Homeland Security (DHS), Federal Protective Service (FPS) will raise, lower and half-staff the Flag at all Federal buildings under GSA's jurisdiction, custody or control, including those buildings that have been delegated to Federal agencies by the Administrator of General Services (Administrator), where security is provided by DHS/FPS contract guards and the current guard post orders provide for the flying of the Flag. Future requests for new building locations will be considered by DHS in collaboration with GSA on a case-by-case basis. At Federal building locations not serviced by DHS/FPS contract guards, GSA facility management personnel or agencies operating GSA delegated buildings, as applicable, will be responsible and accountable for raising, lowering and half-staffing the Flag and other flags and pennants.

5. Supplying Flags and Flag Poles. GSA will provide the Flag to GSA facility management personnel in sufficient quantities so that there is at least one spare Flag at each Federally-owned location under the jurisdiction, custody or control of GSA. Federal agencies with buildings delegated by the Administrator are responsible for acquiring Flag replacements from either GSA's Federal

Acquisition Service (FAS) or another commercial source. At leased locations where the lease provides for flying the Flag, the lessor is responsible for acquiring the Flag from a commercial source. Lessors are not authorized to order Flags from the FAS schedules. The Flags supplied or acquired in accordance with this section shall conform to the dimensions set forth at 4 U.S.C.

§ 1 note.

GSA shall provide flag poles on Federally-owned buildings under its jurisdiction, custody or control, including those that have been delegated to other Federal agencies by the Administrator. Federal agencies with buildings delegated by the Administrator are responsible for maintaining the flag poles. At leased facilities where the lease provides for a flag and flagpole, the lessor shall provide and maintain the flag pole in accordance with the lease requirements. The procedures for flying the Flag must be followed by GSA facility management personnel, facility management personnel for other Federal agencies that have been delegated real property operation and management authority by the Administrator and lessors as specified in the lease.

6. Flag Disposal. The method of disposing of the Flag shall conform to the provisions set forth at 4 U.S.C. § 8(k).

7. Flag Size. The Flag dimensions authorized for executive agencies shall conform to the provisions of Executive Order 10834 (August 21, 1959), which is set forth at 4 U.S.C. § 1 note.

8. Flag Pole. Standards for flag pole installations at buildings and grounds under GSA jurisdiction, custody or control are addressed in the Facilities Standards for the Public Buildings Service, PBS-P100. The Facilities Standards are located on the Internet at http://www.gsa.gov/P100.

9. Flying the Flag. The Flag shall be flown:

a. Between sunrise and sunset, except as specified in subsections d, e and i, below. The times for raising and lowering the Flag are based on agency work schedules and availability of staffing to raise and lower the Flag;

b. On all workdays;

c. Seven days a week in the District of Columbia;

d. Seven days a week, from sunrise until 10:00 p.m., at the National Archives and Records Administration in Washington, D.C.;

e. Seven days a week, 24 hours a day, at Land Ports of Entry (formerly U.S.

Customs Ports of Entry) that are open continuously;

f. On days designated by Public Law 94-344 (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) and Public Law 105-85 (National Defense Authorization Act for Fiscal Year 1998):

1) When the day falls on a Saturday and the event day is observed on the preceding Friday, the Flag is flown on both Friday and Saturday; and

2) When the day falls on a Sunday and the day is observed on the following Monday, the Flag is flown on both Sunday and Monday;

g. In a particular State, on the statehood anniversary date and on the state holidays of each State;

h. On other occasions specified in this policy; and

i. At night, on occasions authorized by either the Administrator or the GSA

Regional Administrator for an affected region. As required by Section 10, below, Flags flown during darkness must be illuminated.

10. Illumination of the Flag. Flags flown during darkness must be illuminated.

The Flag may be displayed seven days a week, 24 hours a day, if properly illuminated during the hours of darkness. Illuminated Flags are not raised and lowered each day; however, illuminated Flags must be appropriately half-staffed on the days specified in this policy.

11. Flag Flying Exceptions. As part of the authorities delegated and the operational functions assigned by the Administrator to the Regional Administrators, the Regional Administrators, for buildings in their regions, have the authority to determine when flying the Flag may be impractical at certain locations because:

a. It is a classified installation;

b. The facility is leased, owner-operated and used only for storage;

c. There is a short-term lease on the facility and no intent to renew the lease;

or

d. The flag pole location presents a safety hazard to raising and lowering the Flag and relocating the flag pole is impractical. In such situations, the Flag need not be flown until the safety hazard is abated.

12. Flying the Flag in Stormy Weather. The Flag is not to be flown, for safety reasons, during high winds, severe storms or icy conditions.

13. Days to Display the Flag. In accordance with Public Law 94-344, the Flag must be displayed at all buildings under GSA’s jurisdiction, custody or control, including those that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease, on the following days:

New Year's Day……………………………January 1 Martin Luther King's Birthday*……………Third Monday in January Inauguration Day (every fourth year)……January 20 Lincoln's Birthday………………………… February 12 Washington's Birthday……………………Third Monday in February Easter Sunday……………………………. Variable Mother's Day……………………………….Second Sunday in May Peace Officers Memorial Day**………… May 15 Armed Forces Day………………………. Third Saturday in May Memorial Day***. ……………………… … Last Monday in May Flag Day……………………………………June 14 Independence Day……………………….. July 4 Labor Day…………………………………..First Monday in September Patriot Day****.…………………………….September 11 Constitution Day…………………………...September 17 National Fallen Firefighters Memorial Day*****…………………………………….To Be Determined Columbus Day……………………………..Second Monday in October Navy Day………………………………….. October 27 Veterans Day………………………………November 11 Thanksgiving Day………………………… Fourth Thursday in November Remembrance of Pearl Harbor…………..December 7 Christmas Day……………………………..December 25 Other days proclaimed by the President of the United States.

* Designated by Public Law 98-144, 5 U.S.C. § 6103 (An Act to amend Title 5, United States Code, to make the birthday of Martin Luther King, Jr., a legal public holiday).

** Designated by Public Law 103-322 (Violent Crime Control and Law Enforcement Act of 1994).

*** Half-staff until noon and then raise until sunset.

**** Designated by Public Law 107-89, 36 U.S.C. § 144.

***** Designated by Public Law 107-51.

14. Displaying the POW/MIA Flag. In accordance with Public Law 105-85, the POW/MIA flag must be displayed at the following buildings under GSA’s jurisdiction, custody or control, including those that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease, on the following days:

a. Locations:

Buildings containing the official offices of the:

- Secretary of State;

- Secretary of Veterans Affairs; and

- United States Postal Service.

b. Days to Display the POW/MIA Flag:

Armed Forces Day……………………………..Third Saturday in May Memorial Day……………………………………Last Monday in May Flag Day…………………………………………June 14 Independence Day……………………………..July 4 National POW/MIA Recognition Day…………To Be Determined Veterans Day……………………………………November 11

15. Other Flags and Pennants. The GSA Regional Administrator may authorize the flying of additional flags and pennants as follows:

a. State Flag. In a particular State, on the anniversary of statehood, on State holidays and on other special occasions;

b. City Flag. In a particular City, on the anniversary of the founding of the City and on other special occasions; and

c. Pennants. For a limited period following the receipt of a special award by a Federal agency or in connection with a fund drive.

These other flags and pennants must not be larger than the Flag and must be on the flag pole beneath the Flag when flown on the same staff.

16. Requests to Half-Staff the Flag. In addition to Presidential orders or instructions, recognized customs or practices not inconsistent with law and proclamations from a Governor or the Mayor of the District of Columbia, all as provided in 4 U.S.C. § 7, as amended, the heads of departments and agencies of the Federal Government operating GSA-delegated buildings and GSA’s Regional Administrators may request that the Flag be flown at half-staff on buildings or grounds under their jurisdiction on occasions other than those specified in 4 U.S.C. § 7, as amended, that they consider proper. All such requests shall be considered and assessed for appropriate action by the affected GSA region(s).

17. Notification Process to Half-Staff the Flag. The process for notifying GSA facility management personnel and Federal agencies operating GSA-delegated buildings to fly the Flag at half-staff depends on whether the request is to fly the Flag at half-staff nationwide, statewide, locally, or agencywide on buildings or grounds under the jurisdiction, custody or control of GSA, other Federal agencies operating GSA-delegated buildings or GSA-leased buildings, if provisions for flying the Flag are addressed in the lease.

a. Nationwide. Except as otherwise provided in 4 U.S.C. § 7, as amended, requests to fly the Flag at half-staff nationwide must originate from the White House. The request is telephoned in to the DHS/FPS MegaCenter, with a follow-up order by e-mail from the White House to the MegaCenter. The request is then sent by e-mail to the GSA facility management personnel and Federal agencies operating GSA-delegated buildings for implementation.

b. Statewide and the District of Columbia. Except as otherwise provided in 4 U.S.C. § 7, as amended, requests to fly the Flag at half-staff statewide or in the District of Columbia must originate from the Governor’s Office of the State, Territory or U.S. Possession, or the Mayor’s Office of the District of Columbia, as applicable. All requests must be telephoned in to the DHS/FPS MegaCenter that sends out alerts to Federal buildings in that State, Territory or U.S. Possession, or in the District of Columbia, as applicable. The telephone request must be accompanied by a follow-up order by e-mail from the Governor’s Office or the Mayor’s Office, as applicable, to the MegaCenter. The request is then sent by the MegaCenter via e-mail to the appropriate GSA facility management personnel and Federal agencies operating GSA-delegated buildings for implementation.

c. Local. Requests to fly the Flag at half-staff on a particular GSA building, a group of GSA buildings or GSA buildings citywide must be approved by the local GSA Regional Administrator or his or her designee. Once approved, the local GSA regional office shall notify the appropriate GSA facility management personnel and Federal agencies operating GSA-delegated buildings for implementation.

d. Agencywide. Requests to fly the Flag at half-staff on a department or agencywide basis are telephoned in to the appropriate DHS/FPS MegaCenter(s) with a follow-up request from the department or agency head to the MegaCenter. The MegaCenter shall contact the Administrator or his or her designee for approval. Once approved, the MegaCenter shall e-mail the order together with the appropriate agency building list to the GSA facility management personnel and Federal agencies operating GSA-delegated buildings for implementation.

18. Occasions to Half-Staff the Flag. The Flag shall be flown at half-staff at all Federal buildings under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease, upon the death of the persons identified in section 19, below. In addition, occasions for flying the Flag at half-staff at certain GSA-controlled facilities include:

a. Non-Delegated Buildings. The death of a person other than those identified in section 19, below, who occupied a specific non-delegated building, where the head of the department or agency has authorized the half-staffing of the Flag. In such instances, the head of the deceased person's department or agency may request the Administrator or his or her designee, or the GSA Regional Administrator (for buildings in his or her region), to half-staff the Flag at the specific building designated by the agency head. The head of the department or agency does not have the authority to direct that the Flag be flown at half-staff at other facilities under

GSA’s control. However, the head of the department or agency may request the Administrator or his or her designee, or the GSA Regional Administrator (for buildings in his or her region), to lower the Flag for the other facilities;

and

b. Delegated Buildings. The death of a person other than those identified in section 19, below, who occupied a specific delegated building, where the head of the department or agency has authorized the half-staffing of the Flag. In such instances, the head of the department or agency does not have the authority to direct that the Flag be flown at half-staff at other facilities under GSA’s control. However, the head of the department or agency may request the Administrator or his or her designee, or the GSA Regional Administrator (for buildings in his or her region), to lower the Flag for the other facilities.

19. Time Frames and Locations for Half-Staffing the Flag. Provided below are the time frames and locations for flying the Flag at half-staff upon the death of the following officials (as enumerated in 4 U.S.C. § 7, as amended).

PRESIDENT OF THE UNITED STATES

Period - 30 days from the day of death.

Location - All Federal buildings under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease.

FORMER PRESIDENT OF THE UNITED STATES

Period - 30 days from the day of death.

Location - All Federal buildings under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease.

VICE PRESIDENT OF THE UNITED STATES

Period - 10 days from the day of death.

Location - All Federal buildings under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease.

FORMER VICE PRESIDENT OF THE UNITED STATES

Period - From the day of death until interment.

Location - All Federal buildings under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease.

THE CHIEF JUSTICE OF THE SUPREME COURT

Period - 10 days from the day of death.

Location - All Federal buildings under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease.

RETIRED CHIEF JUSTICE OF THE SUPREME COURT

Period - 10 days from the day of death.

Location - All Federal buildings under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease.

ASSOCIATE JUSTICE OF THE SUPREME COURT

Period - From the day of death until interment.

Location - All Federal buildings under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease.

SPEAKER OF THE HOUSE OF REPRESENTATIVES

Period - 10 days from the day of death.

Location - All Federal buildings under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are

MEMBER OF THE CABINET

Location - All Federal buildings under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease.

PRESIDENT PRO TEMPORE OF THE SENATE

Period - From the day of death until interment.

Location - All Federal buildings under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease.

MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES

Period - From the day of death until interment.

Location - All Federal buildings under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease.

MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES

Period - From the day of death until interment.

Location - All Federal buildings under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease.

U.S. SENATOR, U.S. REPRESENTATIVE, TERRITORIAL DELEGATE, OR

RESIDENT COMMISSIONER FROM PUERTO RICO

Period - On the day of death and on the following day.

Location - All Federal buildings under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease, in the metropolitan area of the District of Columbia and in the State, Congressional District, Territory, U.S. Possession, or Commonwealth of such Senator, Representative, Delegate, or Commissioner, respectively.

GOVERNOR OF STATE, TERRITORY OR POSSESSION

Location - All Federal buildings under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease, in the State, Territory or U.S. Possession, respectively.

OTHER OFFICIALS, FORMER OFFICIALS OR FOREIGN DIGNITARIES

Period - As directed by the President, or in accordance with recognized customs or practices not inconsistent with law.

Location - As directed by the President, or in accordance with recognized customs or practices not inconsistent with law.

FEDERAL OFFICIALS

Period - On the day of death and on the following day (if requested).

Location - The building where the official performed his or her duty and those buildings that are occupied by the official's department or agency in the same geographic area, including Federal buildings under GSA’s jurisdiction, custody or control, buildings that have been delegated by the Administrator to other Federal agencies in the location where the head of the official's agency has requested that the Flag be flown at half-staff and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease.

STATE OFFICIALS (OTHER THAN THE GOVERNOR) AND OFFICIALS OF

THE DISTRICT OF COLUMBIA

Period - On the day of death and on the following day.

Location - At locations as requested throughout the State or in the District of Columbia, as applicable, including all Federal buildings under GSA’s jurisdiction, custody or control, all buildings that have been delegated by the Administrator to other Federal agencies and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease.

CITY OFFICIAL

Period - On the day of death and on the following day.

Location - At locations as requested in the City where the official performed his or her duty, including all Federal buildings under GSA’s jurisdiction, custody or control, all buildings that have been delegated by the Administrator to other Federal agencies and GSA-leased buildings, if provisions for flying the Flag are

MEMBER OF THE ARMED FORCES FROM ANY STATE, TERRITORY,

POSSESSION, OR THE DISTRICT OF COLUMBIA WHO DIES WHILE

SERVING ON ACTIVE DUTY

Period - As directed by proclamation or other order from the Governor of a State, Territory or U.S. Possession, or the Mayor of the District of Columbia, pursuant to Public Law 110-41, the “Army Specialist Joseph P. Micks Federal Flag Code Amendment Act of 2007.”

Location - All Federal buildings throughout the State, Territory, U.S. Possession, or the District of Columbia covered by the proclamation or other order that are under GSA’s jurisdiction, custody or control, including all buildings that have been delegated to other Federal agencies by the Administrator, and GSA-leased buildings, if provisions for flying the Flag are addressed in the lease.

PROMINENT CITIZENS (NOT ENUMERATED IN STATUTE)

Period - On the day of death and on the following day.

Location - Whichever of the above locations is applicable, as provided in accordance with Presidential orders or instructions, recognized customs or practices not inconsistent with law, or proclamations or other orders from a Governor of a State, Territory or U.S. Possession, or the Mayor of the District of Columbia.

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