CRS Insights
INSIGHT
Display of the Confederate Flag at Federal Cemeteries
in the United States
May 4, 2016 (IN10313)
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Related Authors
Laura B. Comay
Scott D. Szymendera
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Laura B. Comay, Analyst in Natural Resources Policy (lcomay@crs.loc.gov, 7-6036)
Barbara Salazar Torreon, Analyst in Defense Budget and Military Manpower (btorreon@crs.loc.gov, 7-8996)
July 10, 2015 (IN10313Scott D. Szymendera, Analyst in Disability Policy (sszymendera@crs.loc.gov, 7-0014)
The Department of Veterans Affairs (VA), the National Park Service (NPS), and the Department of the Army all
administer federal cemeteries that sometimes display the Confederate flag. There are 147 national cemeteries in
all the
United States. The VA, through its National Cemetery Administration (NCA), administers 131 of themcemeteries. The Army,
in the
Department of Defense (DOD), administers 2 national cemeteries, Arlington National Cemetery and Soldiers' and
and Airmen's Home National Cemetery. Another 14 national cemeteries are maintained by the NPS, in the Department
of the Interior. In addition, the American Battle Monuments Commission (ABMC) operates 25 American military
cemeteries in 16 foreign countries. The NPS, the VA, and the Army all have policies concerning the Confederate flag's
display.
Following the June 17, 2015, shooting deaths of nine people in a historically black church in Charleston, SC, the
the display of Confederate flags at federal cemeteries has comecame under scrutiny.
National Park Service Policy
The NPS policy (NPS Director's Order #61 and related reference manual) allows the Confederate flag to be
displayed in
some national cemeteries on two days of the year. If a state observes a Confederate Memorial Day,
NPS cemeteries in
the state may permit a sponsoring group to decorate the graves of Confederate veterans with
small Confederate flags.
Additionally, according to the NPS reference manual (p. 33), such flags may also be
displayed on the nationally
observed Memorial Day, to accompany the U.S. flag on the graves of Confederate
veterans. In both cases, a sponsoring
group must provide, place, and remove the flags as soon as possible after the
end of the observance, all at no cost to the
federal government. At no time may a Confederate flag be flown on an
NPS cemetery flagpole.
Following the shootings, the NPS Director issued a memorandum to all NPS units on June 24, 2015, stating that
NPS had requestedasked its concessioners and other partners to voluntarily end sales of items that solely
depict a
Confederate flag. The memorandum also stated, and also issued a policy memorandum stating that Confederate flags shall not be flown in
units of the National
Park System or related areas, except where the flags provide historical context. However, the
memorandum did
not address NPS policies for the display of Confederate flags at national cemeteries.
Department of Veterans Affairs Policy
VA policy allows for small flags to be placed at individual gravesites of interred Confederates, either with a U.S.
flag or
without, on Memorial Day and on Confederate Memorial Day in states that have designated a Confederate
Memorial Day. The VA does not provide the Memorial
Day. In states without a Confederal Memorial Day, another date may be selected by the cemetery administrator. The
VA does not provide the Confederate flags. The display is allowed only at VANCA-managed cemeteries where
Confederate soldiers, sailors, and Marines are buried. The Confederate flag may also be flown on a separate
flagpole flagpole
from the U.S. flag only in NCA-managed cemeteries in which Confederate soldiers are buried in mass
graves and must
be subordinated to the U.S. flag. Any display of the Confederate flag must be requested by a
sponsoring historical or
service organization, which must provide the flags. The sponsoring organization must also
place and remove the flags
at no cost to the government.
Department of the Army Policy
The Army policy allows a small Confederate flag of a size not to exceed that of the U.S. flag to be placed on
Confederate graves at private expense, either on Memorial Day or on the day when Confederate Memorial Day is
observed. Those individuals or groups desiring to place these flags must agree in writing to absolve the federal
government from any responsibility for loss or damage to the flags. Confederate flags must be removed at private
expense on the first workday following Memorial Day or the day observed as Confederate Memorial Day.
Legislative Action
Following the June 2015 shootings, House Members have addressed the display of confederate flags at NPS cemeteries in
floor amendments to H.R. 2822,
the House Interior, Environment, and Related Agencies appropriations bill for
FY2016. Representative Huffman
offered H.Amdt. 592, prohibitingwhich would have prohibited the use of funds in the bill to
implement the policies in NPS Director's Order #61
that provide for the flag decorations in cemeteries. The amendment was agreed to by voice vote on July 7, 2015.
On July 8, however, Representative Calvert offeredRepresentative
Calvert offered an opposing amendment, H.Amdt. 651, which instead would prohibitwould have prohibited funds being used
to contravene existing NPS policies on Confederate flags. A recorded vote on this amendment was demanded but
has not yet occurred.
In addition, two separate amendments to the Interior bill addressing other NPS matters relating to Confederate flags
were agreed to by voice vote on July 7. H.Amdt. 586 prohibits the use of funds in the bill for contracts or
agreements providing for the sale in NPS facilities of items that have a Confederate flag as a stand-alone feature.
Whereas the NPS had requested that concessioners end such sales, this amendment would bar funds from being
used for such purposes during FY2016. The Calvert amendment discussed above takes a different position,
providing that no funds in the bill may be used in contravention of the current NPS policies for sales items
outlined in the Director's June 24 memorandum. Separately, H.Amdt. 606 prohibits the use of funds by NPS to
purchase or display a Confederate flag, except where such flags would provide historical context pursuant to an
NPS memorandum.
Currently, there are no provisions concerning the Confederate flag's display in H.R. 2029, the Military
Construction and Department of Veterans Affairs appropriations bill for FY2016, as passed by the House and as
reported by the Senate Committee on Appropriations. Nor are there any provisions in the Department of Defense
appropriations bill for FY2016, H.R. 2685, as passed by the House on June 11, 2015, and S. 1558, as reported on
June 11, 2015
existing NPS policies on Confederate flags. Further action ceased on the bill, pending agreement on these and other
amendments concerning NPS use of the Confederate flag. The NPS's FY2016 appropriations were eventually provided
in December 2015 through P.L. 114-113, the Consolidated Appropriations Act, 2016, which contained no Confederate
flag provisions for NPS. No subsequent legislation has been introduced on the issue as of April 2016, and House and
Senate appropriators have not yet marked up an FY2017 Interior appropriations bill.
No provision affecting the placement of Confederate flags in VA or Army cemeteries was included in P.L. 114-113.
Neither the FY2017 VA nor the FY2017 Department of Defense appropriations bills have been marked up by House or
Senate appropriators. In the House, H.R. 3007 would prohibit the display of the Confederate flag in any VA national
cemetery.