
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 36USC902]

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

    (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 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
        (B) 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 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.

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1268; Pub. L. 105-354, 
Sec. 1(1), Nov. 3, 1998, 112 Stat. 3238.)

                                          Historical and Revision Notes
                                                 Pub. L. 105-225
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
902(a)................................  36:189.                          Aug. 1
0, 1990, Pub. L. 101-355, Sec.
                                                                          2, 10
4 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.
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---------------------------------

    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

    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.''
