Patriot Day is not a federal holiday because it was specifically designated by Congress as a National Day of Service and Remembrance. This designation encourages solemn commemoration, acts of charity, and community service rather than a day off from work. Establishing a new federal holiday requires a specific act of Congress, a measure that involves significant economic considerations, such as the cost of paid leave for federal employees and the impact of closing federal services and financial markets.
The legal framework distinguishes between commemorative observances and "legal public holidays." Federal holidays are established by law, primarily under Title 5 of the U.S. Code, and entail specific legal and financial consequences. In contrast, Patriot Day was established by a joint resolution (Public Law 107-89) calling for the President to issue a yearly proclamation. This resolution directs that the U.S. flag be flown at half-staff and for the American people to observe a moment of silence to honor the victims. The legislative intent was to create a day of active remembrance, distinct from holidays like Memorial Day or Veterans Day that, while somber, also function as paid days off.
Ultimately, the status of September 11th reflects a deliberate legislative choice to prioritize a spirit of service and solemn reflection. Proponents of this status argue that making it a federal holiday could dilute its purpose, potentially shifting the focus from remembrance and community action to commercial activities and leisure. The current designation is intended to preserve the day's unique and somber significance by encouraging active participation in tribute rather than a passive day of rest.
