RepublicanSecond Degree Amendment · S.Amdt. 3213· Senate(119-SAMDT-3213)

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

Rep. Marshall
Age: 66 years
Kansas
Introduced
7/31/2025
Last activity
10/9/2025 — Amendment SA 3213 not agreed to in Senate by Voice Vote.
Sponsored by
Roger Marshall
Cosponsors
None
Changes amendment
119-SAMDT-3748
On the bill
119-S-2296 — National Defense Authorization Act for Fiscal Year 2026
  1. Introduced
  2. Failed

What this amendment would do

SA 3213, submitted by Mr. Marshall, aims to add a new section to bill S. 2296. The purpose of this amendment is to prohibit the display of any flag other than the flag of the United States on the exterior or in public-accessible areas of covered public buildings.

Covered public buildings include:

  • Buildings used by the House of Representatives or Senate, or those under the Architect of the Capitol.
  • Military installations.
  • United States consulates or embassies.
  • Other public buildings as defined in section 3301(a) of title 40, United States Code.

The amendment provides several exceptions where other flags may still be displayed, including:

  • Flags for POW/MIA or Hostage and Wrongful Detainees.
  • Flags of visiting diplomats or their governments.
  • State flags in the offices of the Member of Congress who represents that State.
  • Flags representing branches, units, or supporters of the Armed Forces.
  • Historically significant flags, such as the Bennington, Gadsden, and Betsy Ross flags.
  • Flags for public safety or special national observances like Memorial Day, Veterans Day, or 9/11 memorials.
  • Flags of Federal agencies.
  • Flags representing Indian Tribes.
  • Flags representing the local jurisdiction, city, county, territory, or State where the building is located.
  • Flags representing religious organizations or churches (exempt under section 501(a) and 501(c)(3) of the Internal Revenue Code of 1986) during religious ceremonies or liturgy at military facilities.