[Congressional Record Volume 169, Number 123 (Tuesday, July 18, 2023)]
[Senate]
[Page S3037]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 874. Mr. MARSHALL submitted an amendment intended to be proposed 
by him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. __. PROHIBITION ON FLAGS OTHER THAN THE FLAG OF THE 
                   UNITED STATES.

       (a) Definitions.--In this section:
       (1) Flag of the united states.--The term ``flag of the 
     United States'' has the meaning given the term in section 
     700(b) of title 18, United States Code.
       (2) Public building.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``public building'' has the meaning given the term 
     in section 3301(a) of title 40, United States Code.
       (B) Inclusion.--The term ``public building'' includes--
       (i) a military installation (as defined in section 2801(c) 
     of title 10, United States Code); and
       (ii) any embassy or consulate of the United States.
       (b) Prohibitions.--Notwithstanding any other provision of 
     law and except as provided in subsection (c), no flag that is 
     not the flag of the United States may be flown, draped, or 
     otherwise displayed--
       (1) on the exterior of a public building; or
       (2) in the hallway of a public building.
       (c) Exceptions.--The prohibitions under subsection (b) 
     shall not apply to--
       (1) a National League of Families POW/MIA flag (as 
     designated by section 902 of title 36, United States Code);
       (2) any flag that represents the nation of a visiting 
     diplomat;
       (3) the State flag of the State represented by a member of 
     Congress, outside or within the office of the member;
       (4) in the case of a military installation, any flag that 
     represents a unit or branch of the Armed Forces;
       (5) any flag that represents an Indian Tribe (as defined in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5304)); or
       (6) any flag that represents the State, territory, county, 
     city, or local jurisdiction in which the public building is 
     located.
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