What This Bill Does
This bill creates a new federal holiday called U.S. Hostage and Wrongful Detainee Day on March 9 each year. It also officially recognizes a flag symbol called the Hostage and Wrongful Detainee flag to honor U.S. citizens and permanent residents who are held as hostages or wrongfully detained in other countries.
Who It Affects
The President (who is asked to issue yearly proclamations), federal agencies that manage the Capitol, White House, State Department and Defense Department buildings, U.S. citizens and lawful permanent residents held hostage or wrongfully detained abroad, and the general public who will see the flag displayed.
Key Provisions
* March 9 is designated as U.S. Hostage and Wrongful Detainee Day each year, and the President is requested to issue a yearly proclamation asking Americans to observe the day with appropriate ceremonies and activities (Sec. 2(a))
* The Hostage and Wrongful Detainee flag is officially designated as a symbol representing the United States commitment to recognizing and prioritizing the freedom of citizens and lawful permanent residents held as hostages or wrongfully detained abroad (Sec. 2(b)(1))
* The flag must be displayed at the Capitol, the White House, the State Department building and the Defense Department building on March 9, Flag Day (June 14), Independence Day (July 4), and on any day when a hostage or wrongfully detained person returns home or dies (Sec. 2(b))
* The flag display must be visible to the public (Sec. 2(b)(c))
* No employee can be required to report to work solely to display the flag (Sec. 2(b)(d))
What Changes
A new day of federal recognition is created on March 9. A new official flag symbol is established and will be flown at specific federal buildings on designated days. Chapter 1 and Chapter 9 of federal law (title 36, United States Code) are updated to include these new designations.
Important Definitions
* Lawful permanent residents: people who are not U.S. citizens but have legal permission to live permanently in the United States
118TH CONGRESS
1ST SESSION
S. 769
AN ACT
To amend title 36, United States Code, to designate March
9 as U.S. Hostage and Wrongful Detainee Day and
to designate the Hostage and Wrongful Detainee flag
as an official symbol to recognize citizens of the United
States held as hostages or wrongfully detained abroad.
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† S 769 ES
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘U.S. Hostage and
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Wrongful Detainee Day Act of 2023’’.
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SEC. 2. DESIGNATION.
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(a) HOSTAGE AND WRONGFUL DETAINEE DAY.—
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(1) IN GENERAL.—Chapter 1 of title 36, United
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States Code, is amended—
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(A) by redesignating the second section
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146 (relating to Choose Respect Day) as section
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147; and
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(B) by adding at the end the following:
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‘‘§ 148. U.S. Hostage and Wrongful Detainee Day
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‘‘(a) DESIGNATION.—March 9 is U.S. Hostage and
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Wrongful Detainee Day.
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‘‘(b) PROCLAMATION.—The President is requested to
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issue each year a proclamation calling on the people of
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the United States to observe U.S. Hostage and Wrongful
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Detainee Day with appropriate ceremonies and activi-
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ties.’’.
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(2) TECHNICAL
AND
CONFORMING
AMEND-
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MENT.—The table of sections for chapter 1 of title
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36, United States Code, is amended by striking the
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† S 769 ES
item relating to the second section 146 and inserting
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the following new items:
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‘‘147. Choose Respect Day.
‘‘148. U.S. Hostage and Wrongful Detainee Day.’’.
(b) HOSTAGE AND WRONGFUL DETAINEE FLAG.—
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(1) IN GENERAL.—Chapter 9 of title 36, United
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States Code, is amended by adding at the end the
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following new section:
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‘‘§ 904. Hostage and Wrongful Detainee flag
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‘‘(a) DESIGNATION.—The Hostage and Wrongful De-
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tainee flag championed by the Bring Our Families Home
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Campaign is designated as the symbol of the commitment
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of the United States to recognizing, and prioritizing the
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freedom of, citizens and lawful permanent residents of the
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United States held as hostages or wrongfully detained
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abroad.
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‘‘(b) REQUIRED DISPLAY.—
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‘‘(1) IN GENERAL.—The Hostage and Wrongful
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Detainee flag shall be displayed at the locations
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specified in paragraph (3) on the days specified in
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paragraph (2).
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‘‘(2) DAYS SPECIFIED.—The days specified in
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this paragraph are the following:
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‘‘(A) U.S. Hostage and Wrongful Detainee
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Day, March 9.
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‘‘(B) Flag Day, June 14.
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† S 769 ES
‘‘(C) Independence Day, July 4.
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‘‘(D) Any day on which a citizen or lawful
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permanent resident of the United States—
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‘‘(i) returns to the United States from
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being held hostage or wrongfully detained
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abroad; or
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‘‘(ii) dies while being held hostage or
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wrongfully detained abroad.
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‘‘(3) LOCATIONS
SPECIFIED.—The locations
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specified in this paragraph are the following:
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‘‘(A) The Capitol.
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‘‘(B) The White House.
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‘‘(C) The buildings containing the official
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office of—
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‘‘(i) the Secretary of State; and
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‘‘(ii) the Secretary of Defense.
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‘‘(c) DISPLAY TO BE IN A MANNER VISIBLE TO THE
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PUBLIC.—Display of the Hostage and Wrongful Detainee
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flag pursuant to this section shall be in a manner designed
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to ensure visibility to the public.
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‘‘(d) LIMITATION.—This section may not be con-
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strued or applied so as to require any employee to report
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to work solely for the purpose of providing for the display
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of the Hostage and Wrongful Detainee flag.’’.
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† S 769 ES
(2) TECHNICAL
AND
CONFORMING
AMEND-
1
MENT.—The table of sections for chapter 9 of title
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36, United States Code, is amended by adding at
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the end the following:
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‘‘904. Hostage and Wrongful Detainee flag.’’.
Passed the Senate May 31 (legislative day, May 30),
2023.
Attest:
Secretary.
118TH CONGRESS
1ST SESSION
S. 769
AN ACT
To amend title 36, United States Code, to des-
ignate March 9 as U.S. Hostage and Wrongful
Detainee Day and to designate the Hostage and
Wrongful Detainee flag as an official symbol to
recognize citizens of the United States held as
hostages or wrongfully detained abroad.