29 Del. C. § 331

(a) The 9/11 Remembrance Flag is designated as the symbol of our State’s concern and commitment to remembering all of the lives lost as a result of the terrorist attacks of September 11, 2001. Among those lost were members of the military, police, fire, and other rescue and first-response personnel acting in the line of duty. Each year on September 11, schools are encouraged to offer instruction on the events of that day, and the role of the many military, police, fire, and other rescue and first-response personnel in responding to the attacks.

(b) The chief administrator of each governmental building or facility within this State, as defined in subsection (c) of this section, is encouraged to display the 9/11 Remembrance Flag on September 11 of each year.

(c) For purposes of this section, “governmental building or facility within this State” means the following locations:

(1) The Delaware Legislative Hall, the Office of the Governor and each other Delaware constitutional office, the chambers of the Delaware Senate and the Delaware House of Representatives, the Delaware Supreme Court Building and each Delaware trial courthouse, as well as any official State of Delaware veterans’ memorial, Delaware veterans’ home, or Delaware veterans’ cemetery;

(2) To the extent authorized by federal law and regulation, any United States veterans’ cemetery, veterans’ memorial, post office, or other federal building, as well as any United States Department of Veterans Affairs medical center, veterans service center, and veterans’ community-based outreach center;

(3) Any appropriate local government building or facility, as determined by the governing body of that local government.

(d) This section may not be construed or interpreted to require any employee to report to work solely for the purpose of providing for the display of the 9/11 Remembrance Flag or any other flag.

(e) If a governmental building or facility within this State opts to display the 9/11 Remembrance Flag, the chief administrator of that facility shall prescribe procedures necessary for the display.

(f) The 9/11 Remembrance Flag is permitted to be flown beneath, and is not in place of, the American Flag.

(g) Any named public office or public official may accept a donation of 1 or more 9/11 Remembrance Flags for the purpose of this section.