[Congressional Record Volume 171, Number 132 (Thursday, July 31, 2025)]
[Senate]
[Page S5052]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3213. Mr. MARSHALL submitted an amendment intended to be proposed 
by him to the bill S. 2296, to authorize appropriations for fiscal year 
2026 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 F of title X, add the following:

     SEC. 1067. PROHIBITION ON FLAGS OTHER THAN THE FLAG OF THE 
                   UNITED STATES.

       (a) Definitions.--In this section:
       (1) Covered public building.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``covered public building'' has the meaning given 
     the term ``public building'' in section 3301(a) of title 40, 
     United States Code.
       (B) Inclusions.--The term ``covered public building'' 
     includes--
       (i) a building in use by the Senate or House of 
     Representatives or otherwise under the jurisdiction of the 
     Architect of the Capitol;
       (ii) a military installation; and
       (iii) any embassy or consulate of the United States.
       (2) 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.
       (3) Military installation.--The term ``military 
     installation'' has the meaning given the term in section 
     2801(c) of title 10, United States Code.
       (b) Prohibitions.--Notwithstanding any other provision of 
     law, 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 covered public building; or
       (2) in an area of a covered public building that is fully 
     accessible to the public, including an entryway or hallway.
       (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(a) of title 36, United States 
     Code);
       (2) a Hostage and Wrongful Detainee flag (as designated by 
     section 904(a) of title 36, United States Code);
       (3) any flag that represents the nation of a visiting 
     diplomat or a representative of the government of that nation 
     visiting the covered public building at which the flag is 
     displayed;
       (4) in the case of a Member of Congress, the State flag of 
     the State represented by the Member that is located outside 
     or within the office of the Member;
       (5) any flag that represents a unit or branch of the Armed 
     Forces or any flag that supports the Armed Forces;
       (6) any flag of historical significance to the United 
     States, including the Betsy Ross flag, the Gadsden flag, and 
     the Bennington flag;
       (7) any flag that represents public safety;
       (8) any flag commemorating a special national observance, 
     including any 9/11 memorial, Remembrance Day, Veterans Day, 
     or Memorial Day flag;
       (9) in the case of a religious liturgy or ceremony at a 
     military installation or facility, any flag that represents a 
     religious organization or church that is described in section 
     501(c)(3) of the Internal Revenue Code of 1986 and exempt 
     from taxation under section 501(a) of that Code;
       (10) in the case of a Federal agency, any flag that 
     represents the Federal agency;
       (11) 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
       (12) any flag that represents the State, territory, county, 
     city, or local jurisdiction in which the covered public 
     building is located.
                                 ______