-CITE-

36 USC CHAPTER 9 - MISCELLANEOUS 01/06/03

-EXPCITE-

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

-HEAD-

CHAPTER 9 - MISCELLANEOUS

-MISC1-

Sec.

901. Service flag and service lapel button.

902. National League of Families POW/MIA flag.

903. Designation of Medal of Honor Flag.

AMENDMENTS

2002 - Pub. L. 107-248, title VIII, Sec. 8143(b)(2), Oct. 23,

2002, 116 Stat. 1570, added item 903.

-End-

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36 USC Sec. 901 01/06/03

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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

-HEAD-

Sec. 901. Service flag and service lapel button

-STATUTE-

(a) Individuals Entitled To Display Service Flag. - A service

flag approved by the Secretary of Defense may be displayed in a

window of the place of residence of individuals who are members of

the immediate family of an individual serving in the Armed Forces

of the United States during any period of war or hostilities in

which the Armed Forces of the United States are engaged.

(b) Individuals Entitled To Display Service Lapel Button. - A

service lapel button approved by the Secretary may be worn by

members of the immediate family of an individual serving in the

Armed Forces of the United States during any period of war or

hostilities in which the Armed Forces of the United States are

engaged.

(c) License To Manufacture and Sell Service Flags and Service

Lapel Buttons. - Any person may apply to the Secretary for a

license to manufacture and sell the approved service flag, or the

approved service lapel button, or both. Any person that

manufactures a service flag or service lapel button without having

first obtained a license, or otherwise violates this section is

liable to the United States Government for a civil penalty of not

more than $1,000.

(d) Regulations. - The Secretary may prescribe regulations

necessary to carry out this section.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1267.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

901(a) 36:179. Oct. 17, 1942, ch. 615, 56

Stat. 796; May 27, 1953, ch.

70, 67 Stat. 35.

901(b) 36:180.

901(c) 36:181.

901(d) 36:182.

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In subsection (c), the text of 36:181 (1st sentence) is omitted

as executed. The word "Thereafter" is omitted as obsolete. The

words "is liable to the United States Government for a civil

penalty of" are substituted for "shall, upon conviction thereof, be

fined" for consistency in the revised title and with other titles

of the United States Code.

-End-

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36 USC Sec. 902 01/06/03

-EXPCITE-

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

-HEAD-

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

-STATUTE-

(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 the World War II Memorial, Korean

War Veterans Memorial, and Vietnam Veterans Memorial (required by

subsection (d)(3) of this section), any day on which the United

States flag is displayed;

(B) 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

(C) 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 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.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1268; Pub. L. 105-354,

Sec. 1(1), Nov. 3, 1998, 112 Stat. 3238; Pub. L. 107-323, Sec.

2(a), (b), Dec. 4, 2002, 116 Stat. 2787.)

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HISTORICAL AND REVISION NOTES

PUB. L. 105-225

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

902(a) 36:189. Aug. 10, 1990, Pub. L.

101-355, Sec. 2, 104 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.

--------------------------------------------------------------------

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

2002 - Subsec. (c)(2). Pub. L. 107-323, Sec. 2(b), added subpar.

(A) and redesignated former subpars. (A) and (B) as (B) and (C),

respectively.

Subsec. (d)(3). Pub. L. 107-323, Sec. 2(a), substituted "The

World War II Memorial, the Korean War Veterans Memorial, and the

Vietnam Veterans Memorial" for "The Korean War Veterans Memorial

and the Vietnam Veterans Memorial".

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."

DISPLAY ON EXISTING FLAGPOLE

Pub. L. 107-323, Sec. 2(c), Dec. 4, 2002, 116 Stat. 2788,

provided that: "No element of the United States Government may

construe the amendments made by this section [amending this

section] as requiring the acquisition of [sic] erection of a new or

additional flagpole for purposes of the display of the POW/MIA

flag."

-End-

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36 USC Sec. 903 01/06/03

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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

-HEAD-

Sec. 903. Designation of Medal of Honor Flag

-STATUTE-

(a) Designation. - The Secretary of Defense shall design and

designate a flag as the Medal of Honor Flag. In selecting the

design for the flag, the Secretary shall consider designs submitted

by the general public.

(b) Presentation. - The Medal of Honor Flag shall be presented as

specified in sections 3755, 6257, and 8755 of title 10 and section

505 of title 14.

-SOURCE-

(Added Pub. L. 107-248, title VIII, Sec. 8143(b)(1), Oct. 23, 2002,

116 Stat. 1570.)

-REFTEXT-

REFERENCES IN TEXT

Sections 3755, 6257, and 8755 of title 10, referred to in subsec.

(b), probably means the sections 3755, 6257, and 8755 of title 10

added by pars. (1)(A), (2)(A), and (3)(A), respectively, of section

8143(c) of Pub. L. 107-248.

-MISC1-

FINDINGS

Pub. L. 107-248, title VIII, Sec. 8143(a), Oct. 23, 2002, 116

Stat. 1570, provided that: "Congress finds that -

"(1) the Medal of Honor is the highest award for valor in

action against an enemy force which can be bestowed upon an

individual serving in the Armed Forces of the United States;

"(2) the Medal of Honor was established by Congress during the

Civil War to recognize soldiers who had distinguished themselves

by gallantry in action;

"(3) the Medal of Honor was conceived by Senator James Grimes

of the State of Iowa in 1861; and

"(4) the Medal of Honor is the Nation's highest military honor,

awarded for acts of personal bravery or self-sacrifice above and

beyond the call of duty."

PRESENTATION OF MEDAL OF HONOR FLAG

Pub. L. 107-248, title VIII, Sec. 8143(d), Oct. 23, 2002, 116

Stat. 1571, provided that: "The President shall provide for the

presentation of the Medal of Honor Flag designated under section

903 of title 36, United States Code, as added by subsection (b), to

each person awarded the Medal of Honor before the date of enactment

of this Act [Oct. 23, 2002] who is living as of that date. Such

presentation shall be made as expeditiously as possible after the

date of the designation of the Medal of Honor Flag by the Secretary

of Defense under such section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 3755, 6257,

8755; title 14 section 505.

-End-

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36 USC Part B - United States Government Organizations

Involved With Observances and

Ceremonies 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

-HEAD-

PART B - UNITED STATES GOVERNMENT ORGANIZATIONS INVOLVED WITH

OBSERVANCES AND CEREMONIES

-End-