§ 902. National League of Families POW/MIA flag

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(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.— For the purposes of this section, POW/MIA flag display days are all days on which the flag of the United States is displayed.

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1268; Pub. L. 105–354, § 1(1), Nov. 3, 1998, 112 Stat. 3238; Pub. L. 107–323, § 2(a), (b), Dec. 4, 2002, 116 Stat. 2787; Pub. L. 116–67, § 2, Nov. 7, 2019, 133 Stat. 1128.)

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.

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