36 U.S.C. § 903 — Designation of Medal of Honor Flag

Page 56 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 903 1 See References in Text note below. 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 Author- ization 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 pro- visions 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1082(h), which required that regulations be prescribed no later than 180 days after enactment of Public law 105–85, is repealed as executed.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 Adminis- trator of GSA procure and distribute POW/MIA flags no later than 30 days after enactment of Public Law 105–85, is repealed as executed. Section 1082(j), which repealed section 1084 of Public Law 102–190 (previously restated as subsections (b) and (c) of section 902 of title 36), is repealed as executed.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 sub- par. (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 Me- morial, and the Vietnam Veterans Memorial’’ for ‘‘The Korean War Veterans Memorial and the Vietnam Vet- erans Memorial’’. 1998—Subsecs. (b) to (g). Pub. L. 105–354 added sub- secs. (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 con- taining the primary offices of the Secretaries of State, Defense, and Veterans Affairs, and the Direc- tor of the Selective Service System on any day des- ignated 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, pro- vided that: ‘‘No element of the United States Govern- ment may construe the amendments made by this sec- tion [amending this section] as requiring the acquisi- tion of [sic] erection of a new or additional flagpole for purposes of the display of the POW/MIA flag.’’ § 903. Designation of Medal of Honor Flag (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 7285, 8307, and 9285 of title 10 and section 505 1 of title 14. (Added Pub. L. 107–248, title VIII, § 8143(b)(1), Oct. 23, 2002, 116 Stat. 1570; amended Pub. L. 115–232, div. A, title VIII, § 809(l)(1), Aug. 13, 2018, 132 Stat. 1843.) Editorial Notes REFERENCES IN TEXT Section 505 of title 14, referred to in subsec. (b), was redesignated section 2734 of title 14 by Pub. L. 115–282, title I, § 116(b)(2), Dec. 4, 2018, 132 Stat. 4226, and ref- erences to section 505 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding sec- tion 101 of Title 14, Coast Guard. AMENDMENTS 2018—Subsec. (b). Pub. L. 115–232 substituted ‘‘sec- tions 7285, 8307, and 9285 of title 10’’ for ‘‘sections 3755, 6257, and 8755 of title 10’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. FINDINGS Pub. L. 107–248, title VIII, § 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 Con- gress 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, § 8143(d), Oct. 23, 2002, 116 Stat. 1571, required the President to provide for the ex- peditious presentation of the Medal of Honor Flag des- ignated under this section to each person awarded the Medal of Honor before Oct. 23, 2002, who was living as of that date. § 904. Hostage and Wrongful Detainee flag (a) DESIGNATION.—The Hostage and Wrongful Detainee flag championed by the Bring Our Families Home Campaign is designated as the symbol of the commitment of the United States to recognizing, and prioritizing the freedom of, citizens and lawful permanent residents of the United States held as hostages or wrongfully de- tained abroad. (b) REQUIRED DISPLAY.— (1) IN GENERAL.—The Hostage and Wrongful Detainee flag shall be displayed at the loca- tions specified in paragraph (3) on the days specified in paragraph (2).