1997 US Code
Title 36 - PATRIOTIC SOCIETIES AND OBSERVANCES
CHAPTER 10 - PATRIOTIC CUSTOMS
Sec. 189a - Display of POW/MIA flag

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§189a. Display of POW/MIA flag (a) Required display

The POW/MIA flag shall be displayed at the locations specified in subsection (c) of this section on POW/MIA flag display days. Such display shall serve (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.

(b) 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), POW/MIA flag display days include—

(A) in the case of display at medical centers of the Department of Veterans Affairs (required by subsection (c)(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 (c)(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.

(c) Locations for flag display

The locations for the display of the POW/MIA flag under subsection (a) 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.

(d) Coordination with other display requirement

Display of the POW/MIA flag at the Capitol pursuant to paragraph (1) of subsection (c) 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).

(e) Display to be in a manner visible to public

Display of the POW/MIA flag pursuant to this section shall be in a manner designed to ensure visibility to the public.

(f) 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.

(g) “POW/MIA flag” defined

As used in this section, the term “POW/MIA flag” means the National League of Families POW/MIA flag recognized officially and designated by section 189 of this title.

(h) Regulations for implementation

Not later than 180 days after November 18, 1997, the head of each department, agency, or other establishment responsible for a location specified in subsection (c) of this section (other than the Capitol) shall prescribe such regulations as necessary to carry out this section.

(i) Procurement and distribution of flags

Not later than 30 days after November 18, 1997, the Administrator of General Services shall procure POW/MIA flags and distribute them as necessary to carry out this section.

(Pub. L. 105–85, div. A, title X, §1082, Nov. 18, 1997, 111 Stat. 1917.)

Codification

Section is comprised of section 1082 of Pub. L. 105–85. Subsec. (j) of section 1082 of Pub. L. 105–85 repealed section 1084 of Pub. L. 102–190, formerly set out as a note under section 189 of this title.

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 102–190, div. A, title X, §1084, Dec. 5, 1991, 105 Stat. 1482, which was set out as a note under section 189 of this title, prior to repeal by Pub. L. 105–85, §1082(j).