One Flag for All Act

Bill Number

S. 576

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Government Operations and Politics

Status

Introduced

Latest Action

2025-02-13: Read twice and referred to the Committee on the Judiciary.

Last Updated

2025-07-21T19:32:26Z

AI-Generated Summary

Purpose

The "One Flag for All Act" (S. 576) aims to limit flag displays at certain federal public buildings to primarily the U.S. flag, promoting a unified national symbol while allowing specific exceptions for commemorative, diplomatic, military, and other designated purposes. It seeks to standardize flag usage on government property to emphasize American identity.

Key Provisions

• Definitions:
• Covered public building: Includes federal public buildings (as defined in existing law under 40 U.S.C. § 3301(a)), buildings under the Architect of the Capitol (e.g., Senate or House facilities), military installations (per 10 U.S.C. § 2801(c)), and U.S. embassies or consulates.
• Flag of the United States: Refers to the official national flag as defined in 18 U.S.C. § 700(b).
• Prohibitions:
• Bans flying, draping, or displaying any non-U.S. flag on the exterior of covered public buildings or in publicly accessible interior areas (e.g., entryways or hallways), overriding other laws.
• Exceptions (where non-U.S. flags are permitted):
• National League of Families POW/MIA flag and Hostage and Wrongful Detainee flag (per 36 U.S.C. §§ 902 and 904).
• Flags of visiting diplomats' nations.
• State flags in congressional members' offices.
• Flags representing Armed Forces units/branches or supporting the military.
• Historical U.S. flags (e.g., Betsy Ross, Gadsden, Bennington flags).
• Public safety flags (e.g., for firefighters or police).
• Flags for national observances (e.g., 9/11 memorials, Veterans Day, Memorial Day).
• Religious organization flags during liturgies or ceremonies at military sites (for tax-exempt nonprofits under 26 U.S.C. § 501(c)(3)).
• Federal agency flags.
• Flags of federally recognized Indian Tribes (per 25 U.S.C. § 5304).
• Flags of the state, territory, county, city, or local jurisdiction where the building is located.

Significant Changes to Existing Law

• Overrides prior laws or policies allowing diverse flag displays at federal sites, enforcing a default rule favoring only the U.S. flag.
• Expands the scope of restricted buildings to explicitly include military installations and diplomatic posts, which may not have been uniformly covered before.
• Introduces a comprehensive list of exceptions, codifying allowances that were previously discretionary or based on separate statutes.

Potential Impacts

• Government Agencies: Federal entities (e.g., General Services Administration, Department of Defense) must review and adjust flag protocols, potentially increasing administrative costs for compliance and enforcement. Military bases and embassies may need updated guidelines for ceremonies.
• Citizens: Limits symbolic expressions (e.g., pride flags or protest flags) in public federal spaces, which could reduce visible diversity but preserve space for national unity symbols. Local communities might display jurisdictional flags more prominently outside federal buildings.
• International Relations: Minimal disruption due to diplomat exceptions, but could signal a focus on U.S. sovereignty in diplomatic settings; no direct impact on foreign relations anticipated.

Main Stakeholders Affected

• Federal Government: Congress, military branches, executive agencies (e.g., State Department for embassies), and the Architect of the Capitol.
• Military Personnel and Veterans: Benefit from exceptions for service-related flags but face restrictions on other displays at bases.
• Diplomats and Foreign Governments: Unaffected for official visits due to exceptions.
• Native American Tribes and Local Jurisdictions: Protected by allowances for their flags, maintaining cultural representation.
• Religious and Commemorative Groups: Can continue displays during specific events (e.g., churches at military sites, veterans' organizations).
• General Public: Indirectly affected through reduced variety of flags in federal spaces, potentially influencing perceptions of inclusivity.

Notable Legal, Constitutional, or Political Implications

• Legal: As a federal regulation of government property, it aligns with precedents allowing restrictions on speech in non-public forums (e.g., under Supreme Court cases like United States v. Kokinda). However, it could face challenges if exceptions are seen as inconsistently applied, potentially violating equal protection principles.
• Constitutional: Raises First Amendment questions on free speech and symbolic expression, though government buildings are not traditional public forums; religious exceptions invoke Establishment Clause considerations but appear narrowly tailored to ceremonies.
• Political: May foster debates on national symbolism versus diversity, with supporters viewing it as reinforcing patriotism and critics arguing it curtails expression. As a Senate-introduced bill (referred to the Judiciary Committee), it reflects partisan priorities on unity in public spaces.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Marshall, Roger [R-KS]

Cosponsors (4)

Sen. Hyde-Smith, Cindy [R-MS], Sen. Lummis, Cynthia M. [R-WY], Sen. Wicker, Roger F. [R-MS], Sen. Moreno, Bernie [R-OH]

Recent Actions

• 2025-02-13: Read twice and referred to the Committee on the Judiciary.
• 2025-02-13: Introduced in Senate

Bill Versions

• One Flag for All Act — issued 2025-02-13 — PDF (4 pages)