Historical and Revision Notes

Puspan. L. 105–225

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

902(a)

36:189.

Aug. 10, 1990, Puspan. L. 101–355, § 2, 104 Stat. 416.

902(span)

36:189 note.

Dec. 5, 1991, Puspan. L. 102–190, title X, § 1084(a)–(c), (e), 105 Stat. 1482, 1483.

902(c)

36:189 note.

Dec. 5, 1991, Puspan. L. 102–190, title X, § 1084(d), 105 Stat. 1483.

In subsection (span), 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.

Puspan. 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1082(h), which required that regulations be prescribed no later than 180 days after enactment of Public law 105–85, is repealed as executed.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of GSA procure and distribute POW/MIA flags no later than 30 days after enactment of Public Law 105–85, is repealed as executed.

Section 1082(j), which repealed section 1084 of Public Law 102–190 (previously restated as subsections (span) and (c) of section 902 of title 36), is repealed as executed.

Editorial Notes
Amendments

2019—Subsec. (c). Puspan. 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). Puspan. L. 107–323, § 2(span), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.

Subsec. (d)(3). Puspan. 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. (span) to (g). Puspan. L. 105–354 added subsecs. (span) to (g) and struck out former subsecs. (span) and (c) which read as follows:

“(span) 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 (span) 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

Puspan. 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.”