Title 36 — Patriotic and National ObservancesRelease 119-73
§902 National League of Families POW/MIA flag
Title 36 › Subtitle Subtitle I— - Patriotic and National Observances and Ceremonies › Part Part A— - Observances and Ceremonies › Chapter CHAPTER 9— - MISCELLANEOUS › § 902
Summary
Names the National League of Families POW/MIA flag as the country’s symbol showing we care about Americans who were prisoners of war, missing, or unaccounted for in Southeast Asia and that we are committed to finding out what happened to them and to accounting for any who may be taken or go missing in the future. The POW/MIA flag must be displayed on every day the U.S. flag is flown. It must be shown at places like the Capitol, the White House, the World War II, Korean War, and Vietnam memorials, each national cemetery, the offices of the Secretaries of State, Defense, and Veterans Affairs and the Director of the Selective Service, major military bases named by the Secretary of Defense, VA medical centers, and all U.S. post offices. The Capitol display is in addition to the flag already flown in the Capitol Rotunda under Senate Concurrent Resolution 5 of February 22, 1989. The flag must be placed so the public can see it, and no employee can be required to come to work just to put it up.
Full Legal Text
Title 36, §902
Patriotic and National Observances — Source: USLM XML via OLRC
(a)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)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)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)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)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 of the POW/MIA flag pursuant to this section shall be in a manner designed to ensure visibility to the public.
(g)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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Pub. L. 105–225 Revised SectionSource (U.S. Code)Source (Statutes at Large) 902(a)36:189.Aug. 10, 1990, Pub. L. 101–355, § 2, 104 Stat. 416. 902(b)36:189 note.Dec. 5, 1991, Pub. L. 102–190, title X, § 1084(a)–(c), (e), 105 Stat. 1482, 1483. 902(c)36:189 note.Dec. 5, 1991, Pub. L. 102–190, title X, § 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. 105–354This 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.
Editorial Notes
Amendments
2019—Subsec. (c). Pub. L. 116–67 added subsec. (c) and struck out former subsec. (c) which set out specific days for POW/MIA flag display. 2002—Subsec. (c)(2). Pub. L. 107–323, § 2(b), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively. Subsec. (d)(3). Pub. L. 107–323, § 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.”
Statutory Notes and Related Subsidiaries
Display on Existing Flagpole Pub. L. 107–323, § 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.”
Reference
Citations & Metadata
Citation
36 U.S.C. § 902
Title 36 — Patriotic and National Observances
Last Updated
Apr 6, 2026
Release point: 119-73