PolicyBrief
S. 849
119th CongressMar 5th 2025
The Allegiance Act of 2025
IN COMMITTEE

This Act prohibits displaying foreign flags on Capitol grounds and restricts congressional office funds from being used to purchase flags of countries other than the United States.

Bernie Moreno
R

Bernie Moreno

Senator

OH

LEGISLATION

The 'Allegiance Act' Bans All Non-US Flags on Capitol Grounds, Restricts Congressional Spending

The newly proposed Allegiance Act of 2025 is short, punchy, and focused on two things: what flags you can and cannot display on the U.S. Capitol Grounds, and how Members of Congress can spend their office money on flags. Specifically, Section 2 of this Act creates an absolute prohibition on displaying the flag of any country other than the United States anywhere on the Capitol Grounds. Furthermore, it restricts the use of official, taxpayer-funded office allowances—like the House Representational Allowance or the Senate’s Official Personnel and Office Expense Account—so that they cannot be used to purchase flags from any country besides the U.S.

The Capitol Grounds Flag Ban: What Does 'Absolute Prohibition' Mean?

Let’s start with the ban on foreign flags on the Capitol Grounds. The bill references a specific legal definition of the Capitol Grounds (section 5102 of title 40, United States Code), which covers a wide area including the Capitol Building, the surrounding parks, and the walkways. If this bill passes, any flag that isn't the Stars and Stripes is out. For the average person visiting D.C., this might seem like a minor symbolic change, but it has real implications for expression and diplomacy.

Think about a protest group or an advocacy organization—say, one supporting a specific international cause—that wants to demonstrate near the Capitol. Under this rule, displaying the flag of their home country or an allied nation would be against the law in that specific area. This is a direct restriction on symbolic speech, which is a form of expression. While the government has the right to manage its property, an absolute ban on foreign flags in an area often used for public assembly raises questions about whether it infringes on the expressive rights of citizens and visitors.

Taxpayer Dollars and Symbolic Purchases

The second part of the Act deals with how Members of Congress spend your money. Currently, congressional offices use their allowances for everything from staff salaries to office supplies. This bill ensures that those allowances can never be used to purchase foreign flags. If a Senator wants to display the flag of, say, Canada or the European Union in their office for diplomatic reasons or to recognize a large constituency of dual citizens, they must use personal funds, not the public purse.

While preventing the misuse of taxpayer funds is generally a good thing, this provision is less about saving money and more about symbolism. The office allowance restriction is clear and easy to enforce—it simply cuts off the ability for official funds to be spent on non-U.S. flags. For Members of Congress who often host foreign dignitaries or represent districts with strong international ties, this forces them to make a choice: pay out of pocket for a diplomatic gesture or stick strictly to the U.S. flag, even if it limits their symbolic capacity to engage with global partners or diverse communities.