S 576

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IN THE SENATE OF THE UNITED STATES

February 13, 2025

Mr. Marshall (for himself, Mrs. Hyde-Smith, Ms. Lummis, and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To prohibit the flying, draping, or other display of any flag other than the flag of the United States at covered public buildings, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “One Flag for All Act”.

SEC. 2. 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, 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 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. <all>