Confederate Symbols: Relation to Federal Lands and Programs

September 20, 2017 – July 28, 2020 R44959

Confederate Symbols: Relation to Federal
Lands and Programs
Updated July 28, 2020
Congressional Research Service
https://crsreports.congress.gov
R44959

Confederate Symbols: Relation to Federal Lands and Programs

Summary
Congress is considering the relationship of Confederate symbols to federal lands and programs. A
number of federal agencies administer assets or fund activities in which references to the Civil
War Confederacy, Confederate flags and artifacts, and commemorations of Confederate soldiers
are present. In particular, the National Park Service (NPS), the Department of Veterans Affairs
(VA), and the Department of Defense (DOD) al manage multiple sites or programs involving
Confederate symbols.
NPS manages over 100 units of the National Park System with resources related to Civil War
history. Some of these units contain works commemorating Confederate soldiers or actions. NPS
also administers national cemeteries that display the Confederate flag at certain times. Further, the
agency is connected with some state and local Confederate memorials through its historic
preservation assistance to nonfederal sites. NPS manages its Confederate-related assets in the
context of its statutory mission to preserve historic and cultural resources unimpaired for future
generations. NPS engages in interpretation and education about these symbols.
Through its National Cemetery Administration, VA administers 143 national cemeteries, many of
which contain the remains of Confederate soldiers. VA also provides grants to assist with the
establishment of state veterans’ cemeteries. Confederate graves in VA cemeteries may have a
special headstone that includes the Southern Cross of Honor, and may display the Confederate
flag at certain times. In addition, 34 monuments and memorials located in national cemeteries
explicitly honor Confederate soldiers or officials. Management of these memorials and
monuments takes place in the context of VA’s mandate to maintain national cemeteries as
“national shrines.”
Within DOD, the Army administers 10 major instal ations named after Confederate military
leaders. The Army also has jurisdiction over Arlington National Cemetery, which contains
Section 16 for Confederate graves and a monument to Confederate dead. More broadly, the
military services have considered Confederate symbols in the context of policies on flag displays
and policies for good order and discipline within units.
The presence of Confederate symbols in federal lands and programs may raise multiple questions
for Congress. Confederate flags, statues, plaques, and similar memorials have been valued
historical symbols for some Americans but for others have signified racism and oppression. How
should differing views on the meaning of these symbols be addressed? What constitutes a
Confederate symbol, and should some or al of these symbols be removed from federal sites or,
alternatively, preserved for their historical significance? Are current interpretive efforts adequate
to convey the history of these symbols, or should federal agencies offer additional education and
dialogue about their role in Civil War history and in subsequent historical eras? How, if at al ,
should current practices of honoring the Confederate dead in national cemeteries be changed? To
what extent, if any, should the presence of Confederate symbols at nonfederal sites affect federal
funding for programs connected to these sites?
President Trump has issued two executive orders seeking to bolster protections for statues,
monuments, and memorials, including those related to the Confederacy. Recent legislative
proposals, including H.R. 970, H.R. 4135, H.R. 4179, H.R. 6395, H.R. 7155, H.R. 7164, H.R.
7217, H.R. 7573, H.R. 7612, H.R. 7646, H.Res. 1005, S. 3957, S. 4049, and S. 4076 in the 116th
Congress, would address Confederate symbols in different ways. They range from bil s concerned
with individual Confederate symbols to those that would broadly affect al Confederate symbols
on federal lands. In some cases, questions could arise about how the proposals would be
implemented from a logistical and financial standpoint, and how they would interact with existing
authorities.
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Contacts
Author Information ....................................................................................................... 23

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Introduction
The iconography of the Confederate states in the U.S. Civil War is a contested part of American
historical memory.1 Confederate flags, statues, plaques, and similar memorials have been valued
historical symbols for some Americans, but for others have signified racism and oppression.
Further, Confederate symbols sometimes have been associated with hate crimes in the United
States,2 such as the June 2015 shooting deaths of nine people in a historical y black church in
Charleston, SC. More recently, public reactions to the police kil ing of George Floyd have
included demands and actions to remove Confederate statues, flags, and other symbols from
places of public prominence.3 By contrast, President Trump has issued two executive orders
seeking to bolster protections for statues, monuments, and memorials, including those related to
the Confederacy.4
Congress is considering the role of Confederate symbols on federal lands and in federal
programs. While no comprehensive inventory of such symbols exists, numerous federal agencies
administer assets or fund activities in which Confederate memorials and references to
Confederate history are present. The National Park Service (NPS, within the Department of the
Interior), the Department of Veterans Affairs (VA), and the Department of the Army within the
Department of Defense (DOD) al administer national cemeteries that may display the
Confederate flag at certain times. Many units of the National Park System are related to Civil War
history and contain resources commemorating Confederate soldiers or actions. The Army has
military instal ations named in honor of Confederate generals, and some Navy ships have
historical y been named after Confederate officers or battles.5 The U.S. Capitol complex contains

1 For discussions of the role of Confederate iconography in U.S. history since the Civil War, see, for example, David
W. Blight, Race and Reunion: The Civil War in Am erican Mem ory (Belknap/Harvard University Press, 2002), and John
Coski, The Confederate Battle Flag: Am erica’s Most Em battled Em blem (Belknap/Harvard University P ress, 2006).
2 T here is no generally accepted definition of what constitutes a “Confederate symbol,” and bills related to Confederate
symbols have defined the term in different ways. See the “ Recent Legislation” section for more information.
3 For example, the state of Mississippi enacted a law on June 30, 2020, to remove the image of the Confederate battle
flag from its state flag design (Rick Rojas, “ Mississippi Governor Signs Law to Remove Flag With Confederate
Emblem,” New York Tim es, June 30, 2020, at https://www.nytimes.com/2020/06/30/us/mississippi-flag.html). For other
examples, see Michael Warren, “Statue Removals Show Change is Coming—Even in the Capital of the Confederacy,”
CNN, June 13, 2020, at https://www.cnn.com/2020/06/13/politics/statues-confederate-richmond-virginia/index.html;
Sarah Asch, “ As Confederate memorials draw fire, Capitol monuments remain but removals in North T exas,” Austin
Am erican-Statesm an, June 11, 2020, at https://www.statesman.com/news/20200611/as-confederate-memorials-draw-
fire-capitol-monuments-remain-but-removals-planned-in-north-texas; Rachel Scully and James Bikales, “ A List of the
Statues Across the US T oppled, Vandalized or Officially Removed Amid P rotests,” The Hill, June 12, 2020, at
https://thehill.com/homenews/state-watch/502492-list-statues-toppled-vandalized-removed-protests; National Park
Service, “ Investigation Concluded in Vandalism to Confederate Monument at Fort Donelson National Battlefield,”
news release, June 24, 2020, at https://www.nps.gov/fodo/learn/news/investigation-concluded-in-vandalism-to-
confederate-monument-at-fort-donelson-national-battlefield.htm; and “ How Statues are Falling Around the World,”
New York Tim es, June 24, 2020, at https://www.nytimes.com/2020/06/24/us/confederate-statues-photos.html.
4 U.S. President, “Executive Order on Protecting American Monuments, Memorials, and Statues and Combating
Recent Criminal Violence,” June 26, 2020, at https://www.whitehouse.gov/presidential-actions/executive-order-
protecting-american-monuments-memorials-statues-combating-recent-criminal-violence/; and “ Executive Order on
Building and Rebuilding Monuments to American Heroes,” July 3, 2020, at https://www.whitehouse.gov/presidential-
actions/executive-order-building-rebuilding-monuments-american-heroes/. For more information, see CRS In Focus
IF11596, Monum ents and Mem orials: Federal Crim inal Law Protections, by Mainon A. Schwartz. Among other
provisions, one of the orders announces a federal policy of withholding funding tied to public spaces or law
enforcement for state or local entities who do not protect monuments and memorials, including Confederate
monuments and memorials, from destruction or vandalism.
5 For more information, see CRS Insight IN10756, Confederate Names and Military Installations, by Barbara Salazar
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Confederate Symbols: Relation to Federal Lands and Programs

works commemorating Confederate soldiers and officials, including statues in the National
Statuary Hal Collection.6 Various federal agencies, such as the General Services Administration
and the Department of Transportation, are connected with sites of Confederate commemoration,
either on federal properties or through nonfederal activities that receive federal funding.
The presence of Confederate symbols on federal lands, and at some nonfederal sites that receive
federal funding, may raise multiple questions for Congress. How should differing views on the
meaning of these symbols be addressed? Which symbols, if any, should be removed from federal
sites, and which, if any, should be preserved for their historical significance?7 Should every
tribute to a person who fought for the Confederacy be considered a Confederate symbol? Should
federal agencies give additional attention to education and dialogue about the history of these
symbols—including their role in Civil War history and in subsequent historical eras—or are
current interpretive efforts adequate? How, if at al , should current practices of honoring the
Confederate dead in national cemeteries be changed? To what extent, if any, should the presence
of Confederate symbols at nonfederal sites affect federal funding for programs connected to these
sites? How, if at al , should the federal government address public protests that have sometimes
involved damage to Confederate symbols? To what extent should decisions about Confederate
statues and memorials on nonfederal lands be left to the states or localities where they are
located?
This report focuses primarily on Confederate symbols administered by three federal entities—
NPS, VA, and DOD. Each of these entities manages multiple sites or programs that involve
Confederate symbols. The report begins with a discussion of recent legislative proposals, and
then discusses the agencies’ current policies with respect to Confederate symbols, along with
issues for Congress.

T orreon and Nese F. DeBruyne.
6 For information on the National Statuary Hall and a list of statues in the National Statuary Hall Collection, see CRS
Report R42812, National Statuary Hall Collection: Background and Legislative Options, by Jacob R. Straus and R.
Eric Petersen. Separately, in June 2020, House Speaker Nancy Pelosi ordered the removal of four portraits in the House
of Representatives of former Speakers of the House who had served the Conf ederacy during the Civil War. See Rep.
Nancy Pelosi, “ Pelosi Orders Removal of Portraits of Confederate House Speakers from U.S. Capitol Ahead of
Juneteenth,” press release, June 18, 2020, at https://pelosi.house.gov/news/press-releases/pelosi-orders-removal-of-
portraits-of-confederate-house-speakers-from-us-capitol; and Emily Cochrane, “ Pelosi Orders Removal of Fo ur
Confederate Portraits From the House,” New York Times, June 18, 2020, at https://www.nytimes.com/2020/06/18/us/
politics/pelosi-confederate-portraits-house.html.
7 For a range of perspectives concerning the removal or retention of Confederate commemorative works in public
spaces, see, for example, “Editorial: T ime to Remove all T ributes to Confederacy,” San Diego Union-Tribune, June 12,
2020, at https://www.sandiegouniontribune.com/opinion/editorials/story/2020-06-12/time-to-remove-all-tributes-to-
confederacy-nascar; Eugene Robinson, “ T here Is No Earthly Reason this Nation Should be Defiled by Confederate
Statues,” Washington Post, June 22, 2020, at https://www.washingtonpost.com/opinions/solving-the-confederate-
monument -problem-is-easy-tear-them-all-down/2020/06/22/10bb8082-b4ae-11ea-a510-55bf26485c93_story.html;
Cameron Hilditch, “ Confederate History and the American Soul,” National Review, June 17, 2020, at https://www.
nationalreview.com/2020/06/confederate-history-and-the-american-soul/; American Historical Association, “ Historians
on the Confederate Monument Debate,” accessed July 1, 2020, at https://www.historians.org/news-and-advocacy/
everything-has-a-history/historians-on-the-confederate-monument-debate; Hannah Natanson, “ There’s a New Way to
Deal with Confederate Monuments: Signs that Explain their Racist History,” Washington Post, September 22, 2019, at
https://www.washingtonpost.com/history/2019/09/22/theres-new-way-deal-with-confederate-monuments-signs-that-
explain-their-racist-history/; Bruce Westrate, “ Another Confederate Soldier Falls,” National Review, July 17, 2020, at
https://www.nationalreview.com/2020/07/another-confederate-soldier-falls/; and Catesby Leigh, “ Why We Should
Keep Confederate Statues Standing,” The Federalist, July 1, 2020, at https://thefederalist.com/2020/07/01/why-we-
should-keep-confederate-statues-standing/.
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Other Contested Symbols
In addition to Confederate statues and the Confederate flag, other types of commemorative works have been
protested, removed, or proposed for removal in locations across the United States. In particular, recent debates
have extended to statues and memorials honoring individuals who played a historical role in the subjugation of
Native Americans and the enslavement of Black Americans. These include works commemorating Christopher
Columbus, based on his role in European colonization and its impacts to indigenous populations, as wel as statues
of U.S. President Andrew Jackson, based on his role in the relocation of Indian tribes and its impacts. Memorials to
the Franciscan priest Junipero Serra, an early California missionary controversial for his treatment of Native
Americans, have been the subject of protests in California. In Washington, DC, the Emancipation Memorial in
Lincoln Park has been debated due to its depiction of a man who appears to be an emancipated slave crouched on
one knee next to the feet of Abraham Lincoln. To the extent that these and other contested commemorative
works are found on federal lands, or are included in the federal programs discussed in this report, issues and
legislative options applicable to the Confederate works discussed here likely would also apply to these works.
Another source of controversy relates to the Nazi emblems and inscriptions found on a few German POW
headstones located in VA cemeteries. Some have found it offensive that these headstones, created in the mid -
1940s, were permitted to bear Nazi inscriptions or swastikas given their location alongside the graves of American
soldiers. Currently, VA is reviewing the best course of action for these headstones. For more information, see
CRS In Focus IF11587, Removal of Nazi Symbols and Inscriptions on Headstones of Prisoners of War in VA National
Cemeteries.
Recent Legislation
As shown in Table 1, the 116th Congress is considering bil s with varying provisions on
Confederate commemorative works, names, and other symbols under federal jurisdiction. One
measure has been enacted into law: P.L. 116-92, the National Defense Authorization Act (NDAA)
for FY2020, prohibited the Secretary of Defense from giving DOD assets names that refer to the
Confederacy, but did not require a review of previously named assets. More recently, the House-
passed and Senate-passed versions of NDAA for FY2021 both would direct the renaming of
military instal ations named for Confederate leaders. The 115th and 114th Congresses also
considered legislative proposals on Confederate symbols, which were not enacted into law. Of the
pending proposals in the 116th Congress, some may be relatively straightforward to implement,
while others might give rise to questions about implementation. Depending on specific bil
provisions, such questions could include what constitutes a Confederate symbol, how required
agency actions toward Confederate symbols would be funded, whether or not a given display of a
symbol would qualify as a historical or educational context, and how implementation would be
affected by statutory requirements for historic preservation and other existing protections.
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Table 1. Legislation Addressing Confederate Symbols, 116th Congress
Bill/Law
No.
Title
Provisions Addressing Confederate Symbols
P.L. 116-92,
National Defense
Prohibits the Defense Secretary from giving new or existing assets names that refer
Sec. 1749
Authorization Act for
to, or contain reference to, the Confederate States of America (CSA), including the
FY2020
name of anyone who served in the Confederacy or names that reference a
Confederate battlefield victory, as names for new or existing assets. The bil states
that it does not require the Secretary of Defense to initiate a review of previously
named assets.
S. 3957
Confederate Monument
Would require the Architect of the Capitol to identify and remove from the U.S.
Removal Act
Capitol al statues of individuals who voluntarily served in the Confederate army. The
statues would be stored at the Smithsonian Institution or, if funded by a state, could
be returned to the state at its request. Includes mandatory appropriations of $2
mil ion to the Architect of the Capitol and $3 mil ion to the Smithsonian Institution to
carry out these actions.
S. 4049, Sec.
National Defense
Would require the Secretary of Defense to establish a commission on the naming of
377
Authorization Act for
DOD assets that commemorate the CSA or any person who served voluntarily with
FY2021
the CSA. The commission would have three years to establish a plan to remove al
names, symbols, displays, monuments, and paraphernalia that honor or commemorate
the Confederacy from al assets of the Department of Defense and rename assets as
necessary. The only exemption would be for Confederate grave markers as
determined by the commission.
S. 4076
Removing Confederate
Would require the removal of Confederate names, symbols, displays, monuments, and
Names and Symbols from
paraphernalia from DOD assets and would require that affected assets be renamed
Our Military Act
within one year.
H.R. 970
Robert E. Lee Statue
Would direct the Secretary of the Interior to develop and submit to Congress a plan
Removal Act
and timeline for the removal of the monument to Robert E. Lee at Antietam National
Battlefield in Maryland.
H.R. 3055
Department of the Interior,
As passed by the House, H.R. 3055 included a provision that no funds in the bil could
Environment, and Related
be used by NPS to purchase or display a Confederate flag, except where the flags are
Agencies Appropriations
used to provide historical context. This provision was not included in the final FY2020
Act, 2020
Interior appropriations act, P.L. 116-94.
H.R. 4135
—
Would direct the Secretary of the Interior to remove a statue commemorating Albert
Pike, who served as a senior officer in the Confederate Army, from a site near
Judiciary Square in Washington, DC. Would require the removal to be carried out
with nonfederal funds.a
H.R. 4179
No Federal Funding for
Would prohibit the use of federal funds for the creation, maintenance, or display of
Confederate Symbols Act
any Confederate symbol on any federal property. Defines the term “Confederate
symbol” to include Confederate battle flags, symbols or signs that honor the
Confederacy, and monuments or statues that honor the Confederacy, its leaders, or
its soldiers. Specifies that the funding prohibition would not apply to museum or
educational exhibits, or if the funds are being used to remove the symbol from the
federal site. Also would direct the Secretary of Defense to rename 10 military
instal ations currently named for Confederate military leaders.b
H.R. 6395,
National Defense
Would prohibit public display of the Confederate battle flag on DOD property.
Secs. 1749
Authorization Act for
“Department of Defense property’ means al instal ations, workplaces, common
and 2829
FY2021
access areas, and public areas of the DOD, and includes bumper stickers and clothing
in such areas. Exemptions would include display in DOD museums, historical displays
where the flag is depicted but is not the main focus of the display, state flags and state-
issued license plates that include images of the Confederate flag, or grave sites of
Confederate soldiers. Would require DOD, within a year of enactment, to develop a
plan for and commence renaming military instal ations and defense properties within
its jurisdiction named for “any person who served in the political or military
leadership of any armed rebel ion against the United States.”
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Bill/Law
No.
Title
Provisions Addressing Confederate Symbols
H.R. 7155
National Commission on
Would establish the National Commission on Modernizing Military Instal ation
Modernizing Military
Designations. The Commission, composed of individuals appointed by service
Instal ation Designations
secretaries as wel as members of Congress, would review and make
Act
recommendations for renaming instal ations and department properties that have
designations not in line with the values of this country or the mission of the United
States military.
H.R. 7164
Honoring Real Patriots Act
Would require the Secretary of Defense to change the name of any military
of 2020
instal ation or other property under DOD jurisdiction that is currently named after
any individual who took up arms against the United States during the American Civil
War or any individual or entity that supported such efforts.
H.R. 7217
Confederate Monument
Would require the Architect of the Capitol to identify and remove from the U.S.
Removal Act
Capitol al statues of individuals who voluntarily served in the Confederate army. The
statues would be stored at the Smithsonian Institution or, if funded by a state, could
be returned to the state at its request. Includes mandatory appropriations of $2
mil ion to the Architect of the Capitol and $3 mil ion to the Smithsonian Institution to
carry out these actions.
H.R. 7573
—
Would require removal from the U.S. Capitol of certain specific statues and busts,
including the bust of John Cabel Breckinridge, who served as Secretary of War in the
Confederate army. Also would require the Architect of the Capitol to identify and
remove from the U.S. Capitol al statues of individuals who voluntarily served in the
Confederate army. The statues would be stored at the Smithsonian Institution or, if
funded by a state, could be returned to the state at its request. Includes mandatory
appropriations of $2 mil ion to the Architect of the Capitol and $3 mil ion to the
Smithsonian Institution to carry out these actions.
H.R. 7612,
Department of the Interior,
Would provide that no funds in the bil could be used by NPS to purchase or display a
Secs. 441-443 Environment, and Related
Confederate flag, except where the flags are used to provide historical context.
Agencies Appropriations
Would require NPS, within 180 days of enactment, to “remove from display” al
Act, 2021
physical Confederate commemorative works. Would require the Secretary of the
Interior to develop and submit to Congress an inventory of “al assets under the
jurisdiction of the Department of the Interior with Confederate names.”
H.R. 7646
Protect America’s Statues
Would withhold certain federal grants from any jurisdiction that does not enforce
Act of 2020
federal laws protecting statues and monuments. Would prohibit state, local, and tribal
governments that are in violation of the Veterans’ Memorial Preservation and
Recognition Act of 2003 or the Anti-Riot Act of 1968 from receiving federal historic
preservation and transit capital investment grants.
H.Res. 1005
—
Would express the sense of the House of Representatives that the United States can
achieve a more perfect union through avoidance and abatement of “government
speech” that promotes or displays symbols of racism, oppression, and intimidation.
Such government speech is defined with reference to the Supreme Court’s conclusion
in Walker v. Sons of Confederate Veterans that messages on state-issued license plates
constitute government speech not protected by the First Amendment.c
Source: CRS.
a. The statue was erected in honor of Pike’s service to the Masons, rather than his service in the Confederate
army, but includes mention of his Civil War role. On June 19, 2020, protesters toppled and burned the
statue of Albert Pike. NPS has reportedly stated that it intends to mitigate the damage to the statue. See,
for example, Rob Hotakainen, “Trump Admin Reportedly Plans to Restore Confederate Statue,” Greenwire,
June 25, 2020, at https://www.eenews.net/greenwire/stories/1063452481/.
b. The 10 instal ations are Fort Rucker (AL), Fort Benning (GA), Fort Gordon (GA), Camp Beauregard (LA),
Fort Polk (LA), Fort Bragg (NC), Fort Hood (TX), Fort A.P. Hil (VA), Fort Lee (VA), and Fort Pickett (VA).
For more information, see CRS Insight IN10756, Confederate Names and Military Instal ations, by Barbara
Salazar Torreon.
c. The case involved a proposal by a group in Texas for a novelty license plate displaying a Confederate battle
flag.
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National Park Service
NPS manages over 100 units of the National Park System that have resources related to Civil War
history.8 Some of these park units contain works commemorating Confederate soldiers or actions.
Additional y, NPS administers 14 national cemeteries that, under agency policy, may display the
Confederate flag at certain times of year.9 The agency also provides education and interpretation
related to Civil War history and the Confederate states. Park gift shops operated by concessioners
sometimes sel books or other items that display Confederate symbols. Further, NPS is connected
with historic preservation of some nonfederal Confederate memorials through its assistance to
nonfederal sites such as national heritage areas, national historic landmarks, and nonfederal
properties on the National Register of Historic Places. These aspects of the NPS portfolio have
come under scrutiny.
Confederate Commemorative Works in the National Park System
NPS has estimated that it oversees “about 233 Confederate memorials” at sites across the
National Park System.10 Confederate commemorative works are found at numerous NPS
battlefields and other Civil War-related park units.11 Many of these works (such as the monument
shown in Figure 1) are listed on, or are eligible for listing on, the National Register of Historic
Places, and thus are afforded certain protections under the National Historic Preservation Act
(NHPA).12 In particular, Section 106 of the NHPA requires agencies to undertake consultations
before taking actions that may adversely affect these listed or eligible historic properties, and
Section 110(f) of the act provides similar, but stronger, protections for historic properties that
have been designated as national historic landmarks.13 Some Confederate commemorative works

8 For a list of national park units with Civil War resources, see NPS, “T he Civil War: Related Parks and Heritage
Areas,” at https://www.nps.gov/civilwar/relatedparks.htm; and NPS, “ Civil War Parks,” at https://www.nps.gov/
features/waso/cw150th/civwarparks.html. Some of the parks on the list have primary interpretive themes that are
unrelated to the Civil War.
9 NPS Director’s Order 61, “National Cemetery Operations,” at https://www.nps.gov/policy/DOrders/DO_61.pdf,
hereinafter referred to as NPS Director’s Order 61; and NPS Reference Manual 61, National Cemetery Operations, at
https://www.nps.gov/policy/DOrders/RM-61.pdf, hereinafter referred to as NPS Reference Manual 61.
10 NPS, “Confederate Monuments and Memorials Discussion Guide: A Guide for National Park Service Interpreters,”
Summer 2017, at https://mylearning.nps.gov/wp-content/uploads/2019/06/
Confederate_Monuments_and_Memorials_Discussion_Final_Draft_07 -15-2019.pdf; hereinafter referred to as “ NPS
Confederate Memorials Discussion Guide.”
11 See footnote 8 for more information on NPS Civil War parks. Confederate commem orative works are not necessarily
confined to park units that relate to the Civil War. For example, NPS administers the statue of Confederate officer
Albert Pike that stood in Judiciary Square in Washington, DC. T his statue was erected in honor of Pike’s service to the
Masons, rather than his service in the Confederate army, but includes mention of his Civil War role. Protesters toppled
and burned the Albert Pike statue on June 19, 2020; see Perry Stein, Clarence Williams, and Peter Hermann,
“Protesters topple only outdoor Confederate statue in the nation’s capital,” Washington Post, June 20, 2020, at
https://www.washingtonpost.com/local/public-safety/protesters-topple-only-confederate-statue-in-the-nations-capital/
2020/06/20/d996348c-b2a8-11ea-8f56-63f38c990077_story.html.
12 P.L. 89-665, as amended; 54 U.S.C. §300101 ff. For more information on the NHPA, see CRS Report R45800, The
Federal Role in Historic Preservation: An Overview, by Mark K. DeSantis.
13 54 U.S.C. §§306107 and 306108. For more on the NHPA’s Section 106 and Section 110 requirements, see Advisory
Council on Historic Preservation, “Section 106 Overview,” at https://www.achp.gov/protecting-historic-properties.
Also see regulations at 36 C.F.R. Part 800, and see NPS, “ National Historic Landmarks Program,” at
https://www.nps.gov/orgs/1582/index.htm; and NPS, “ National Register of Historic Places,” at https://www.nps.gov/
subjects/nationalregister/index.htm.
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in parks are not eligible for historic property designations, for example because they were
constructed relatively recently.14
Figure 1. Confederate Monument, Shiloh National Military Park, Tennessee

Source: National Park Service, “Shiloh Battlefield—Confederate Monument,” at https://www.nps.gov/places/
shiloh-battlefield-confederate-monument.htm.
Note: The monument is listed on the National Register of Historic Places.
NPS policies govern the establishment and removal of commemorative works in national park
units (except in the District of Columbia, where the Commemorative Works Act applies).15
Concerning the establishment of new works, under NPS policy, new commemorative works in

14 Generally, to be eligible for listing on the National Register of Historic Places, properties must be at least 50 years
old and must meet criteria for integrity and significance. Some Confederate commemorative works in national park
units were built more recently. For example, the statue of General Robert E. Lee at Antietam National Battlefield that is
proposed for removal in H.R. 970 was erected by a private landowner in 2003. NPS does not maintain comprehensive
statistics on the dates of establishment of Confederate commemorative works in park units. One broad study of
Confederate commemorative works throughout the United States found two periods in which the dedication of such
works was highest —the 1900-1920 period and the 1950-1970 period (Southern Poverty Law Center, Whose Heritage?
Public Sym bols of the Confederacy, April 2016, at https://www.splcenter.org/20160421/whose-heritage-public-
symbols-confederacy). An exception to the policies concerning the age of resource eligibility for the National Register
applies to national cemeteries, which “ are considered exceptionally significant as a result of their Congressional
designation as nationally significant places of burial and commemoration .” Resources in national cemeteries are
defined to meet the criteria for listing on the National Register regardless of their age. See NPS, “ National Register
Eligibility of National Cemeteries – A Clarification of Policy,” September 8, 2011, at https://www.nps.gov/subjects/
nationalregister/upload/Final_Eligibility_of_VA_cemeteries_A_Clarification_of_Policy_rev.pdf .
15 T he Commemorative Works Act (P.L. 99-652, as amended; 40 U.S.C. §§8901-8909) prohibits the establishment of
commemorative works in the District of Columbia unless specifically authorized by Congress, and contains other
provisions applicable to commemorative works in DC. For more information, see CRS Report R41658,
Com m em orative Works in the District of Colum bia: Background and Practice , by Jacob R. Straus.
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park units must be authorized by Congress or approved by the NPS Director. In Civil War parks,
the policies preclude approval unless a work is specifical y authorized by Congress or “would
commemorate groups that were not al owed to be recognized during the commemorative
period.”16 Many Confederate commemorative works currently in NPS units would not have been
subject to the NPS policies at the time of their establishment, because they were erected prior to
NPS acquisition of the land.17
Concerning removal of commemorative works from NPS units, the agency’s policies state the
following:
Many commemorative works have existed in the parks long enough to qualify as historic
features. A key aspect of their historical interest is that they reflect the knowledge, attitudes,
and tastes of the persons who designed and placed them. These works and their inscriptions
will not be altered, relocated, obscured, or removed, even when they are deemed inaccurate
or incompatible with prevailing present-day values. Any exceptions from this policy
require specific approval by the Director.18
NPS could face a number of constraints in considering removal of a Confederate commemorative
work, depending on specific circumstances. Some commemorative works were established
pursuant to acts of Congress, and thus likely could not be removed administratively by NPS.19 In
other cases, such as those where the works existed prior to a park’s establishment, requirements
in park-establishing legislation that NPS preserve the park unit’s resources could constrain the
agency’s options for removal.20 Broadly, NPS’s mission under its Organic Act is to “conserve the
scenery and the natural and historic objects and the wild life” in park units and to provide for their
use “in such manner and by such means as wil leave them unimpaired for the enjoyment of
future generations.”21 This fundamental mission could be seen as being at odds with potential
administrative actions to remove existing works from park units. NPS could thus conclude that an
act of Congress would be required to authorize the removal of particular works.22 Also, historic
property protections under the NHPA would apply if a commemorative work is eligible for listing
on the National Register of Historic Places. NPS has stated that the agency “is committed to
preserving these memorials while simultaneously educating visitors holistical y about the actions,
motivations, and causes of the soldiers and states they commemorate.”23

16 NPS Management Policies, §§9.6.1 and 9.6.2. For non-Civil War parks, the Director would approve establishment
only when there is “ compelling justification” and “ the association between the park and the person, group, or event is
of exceptional importance.” Additionally, a person being commemorated must have been dead for at least 5 years, and
a commemorated event must have occurred at least 25 years earlier.
17 Additionally, NPS policies have changed over time; for example, the current policy on removal of commemorative
works (NPS Managem ent Policies, §9.6.4) appeared in the 2001 version of the NPS Managem ent Policies, but not in
the previous version.
18 NPS Management Policies, §9.6.4.
19 Examples include P.L. 84-107, which dedicated Arlington House in Arlington National Cemetery to Robert E. Lee;
P.L. 74-167, which established Kennesaw Mountain National Battlefield Park and provided for monuments and
memorials to be erected in the park to honor either the Union or Confederate Armies; and 30 Stat. 737 (April 9, 1898),
which authorized the monument to Confederate general Albert Pike in Washington, DC, discussed in footnote 11.
20 For example, the 1895 law establishing Gettysburg National Military Park (28 Stat. 651) required the Secretary of
War to “ establish and enforce proper regulations for the custody, preservation, and care of the monuments now erected
or which may be hereafter erected within the limits of the said national military park.”
21 54 U.S.C. §100101.
22 In some cases, proposals to remove Confederate works could also require the involvement of other entities, such as
the Commission of Fine Arts or the National Capital Planning Commission for some works in Washington, DC.
23 NPS Confederate Memorials Discussion Guide, p. 11.
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In addition to structures such as monuments and memorials, some national park units have flown
Confederate flags in various contexts, such as in battle reenactments. Prior to 2015, NPS did not
have a specific policy regarding the display of the Confederate flag outside of national
cemeteries.24 After the 2015 shootings in a Charleston, SC, church, then-NPS Director Jonathan
Jarvis stated the following in a policy memorandum:
Confederate flags shall not be flown [NPS emphasis] in units of the national park system
and related sites with the exception of specific circumstances where the flags provide
historical context, for instance to signify troop location or movement or as part of a
historical reenactment or living history program. All superintendents and program
managers should evaluate how Confederate flags are used in interpretive and educational
media, programs, and historical landscapes and remove the flags where appropriate.25
This policy remains in effect unless rescinded or amended.
Confederate Flags in NPS National Cemeteries
NPS administers 14 national cemeteries, mainly related to the Civil War.26 NPS cemeteries
contain graves of both Union and Confederate soldiers. Under NPS policies, they are
administered “to preserve the historic character, uniqueness, and solemn nature of both the
cemeteries and the historical parks of which they are a part.”27
NPS policies address the display of Confederate flags at the graves of Confederate soldiers in
NPS national cemeteries.28 The policies al ow 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 smal Confederate flags. Additional y, such flags may also be displayed on the
national y observed Memorial Day, to accompany the U.S. flag on the graves of Confederate
veterans. In both cases, a sponsoring group must provide and place the flags, and remove them as
soon as possible after the end of the observance, al at no cost to the federal government. At no
time may a Confederate flag be flown on an NPS cemetery flagpole.29
Sale of Confederate-Themed Items in NPS Gift Shops
Some NPS units have shops operated by concessioners, cooperating associations, or other
partners, which sel items related to the themes and features of the park. Following the 2015
shootings in a Charleston, SC, church, NPS addressed the sale of Confederate-themed items in
NPS shops, particularly items displaying the Confederate flag. NPS asked its concessioners and
other partners to voluntarily end sales of items that “depict a Confederate flag as a stand-alone
feature, especial y items that are wearable and displayable.” NPS specified that “books, DVDs,
and other educational and interpretive media where the Confederate flag image is depicted in its
historical context may remain as sales items as long as the image cannot be physical y
detached.”30

24 For NPS policies within national cemeteries, see the section on “ Confederate Flags in NPS National Cemeteries.”
25 NPS Policy Memorandum, “Confederate Flags,” June 24, 2015, hereinaf ter cited as NPS June 2015 Policy Memo.
26 NPS, “National Parks and National Cemeteries,” at https://www.nps.gov/ande/planyourvisit/np-natcems.htm.
27 NPS Director’s Order 61.
28 NPS Director’s Order 61 and NPS Reference Manual 61.
29 NPS Reference Manual 61, p. 33.
30 NPS June 2015 policy memorandum. T he memorandum stated that Confederate flags were defined to include the
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NPS Heritage Partnership and Historic Preservation Programs
NPS’s responsibilities include assisting states, localities, and private entities with heritage and
historic preservation efforts. NPS provides financial and technical assistance to congressional y
designated national heritage areas, which consist primarily of nonfederal lands in which
conservation efforts are coordinated by state, local, and private entities.31 Some heritage areas
encompass sites with commemorative works and symbols related to the Confederacy.32
NPS also administers national historic landmark designations and the National Register of
Historic Places (hereinafter referred to as the National Register). Through these programs, the
Secretary of the Interior confers historic preservation designations primarily on nonfederal sites.33
The designations provide certain protections to the properties and make them eligible for
preservation grants and technical preservation assistance. Some nonfederal sites commemorating
the Confederacy have been listed on the National Register, and some have been designated as
national historic landmarks. In debates about removing Confederate symbols at the state and local
levels, these NPS-designated sites are sometimes involved. For example, the Monument Avenue
Historic District in Richmond, VA, which contained a series of monuments to Confederate
officers, is a national historic landmark district that has been the subject of debate.34 In July 2020,
the city of Richmond began the removal of Confederate statues, including those of General
Thomas Jonathan “Stonewal ” Jackson and Matthew Fontaine Maury, a naval officer.35
As discussed above, National Register properties and national historic landmarks have some
protections under Sections 106 and 110 of the NHPA.36 However, the designations general y do
not prohibit nonfederal landowners from altering or removing their properties, nor would such
actions necessarily be subject to NHPA requirements.37 However, if the removal or alteration of a

Stainless Banner, the T hird National Confederate Flag, and the Confederate Battle Flags.
31 For more information on national heritage areas, see CRS Report RL33462, Heritage Areas: Background, Proposals,
and Current Issues, by Mark K. DeSantis and Laura B. Comay .
32 For example, the T ennessee Civil War National Heritage Area, whose motto is “T elling th e Whole Story of
America’s Greatest Challenge, 1860-1875,” preserves commemorative works and historical sites related to the Union
and Confederate sides of the war, including sites related to the African -American experience. For more information,
see the website of the T ennessee Civil War National Heritage Area at http://www.tncivilwar.org/.
33 For information on the National Historic Landmarks program, see NPS, “National Historic Landmarks Program,” at
https://www.nps.gov/orgs/1582/index.htm. For information on the National Register of Historic Places, see NPS,
“National Register of Historic Places,” at https://www.nps.gov/subjects/nationalregister/index.htm.
34 For example, see Paul Bedard, “Richmond, ‘Capital of Confederacy,’ Braces for Battle Over Robert E. Lee
Monument,” Washington Examiner, August 14, 2017, at https://www.washingtonexaminer.com/richmond-capital-of-
confederacy-braces-for-battle-over-robert-e-lee-monument.
35 Aimee Ortiz, “Richmond Removes Confederate Statues from Monument Avenue,” New York Times, July 2, 2020, at
https://www.nytimes.com/2020/07/02/us/stonewall-jackson-statue-richmond.html.
36 See footnote 13 for more information. Under Section 106 (54 U.S.C. §306108), before approving any federally
funded or permitted undertaking, federal agencies must take into account the effects of the undertaking on historic
properties and may need to engage in certain consultations. Under Section 110(f) (54 U.S.C. §306107), before
approving any federal undertaking that might directly and adversely affect a national historic landmark, federal
agencies must “to the maximum extent possible” make plans and take actions to minimize harm to the landmark.
37 Nonfederal landowners that choose to remove or alter historic properties would not be subject to Sections 106 or
110(f) of the NHPA if the work was not federally funded and required no federal approvals. However, such alterations
might have implications as to whether these properties continue to be considered “historic” moving forward. Federal
regulations provide for the removal of properties from the National Register in the event that the property “ has ceased
to meet the criteria for listing in the National Register because the qualities which caused it to be originally listed have
been lost or destroyed, or such qualities were lost subsequent to nomination and prior to listing” (36 CFR §60.15(a)(1)).
Similar regulations apply to the removal or national historic landmark designations (36 CFR §65.9(b)(1)).
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historic property is undertaken with the use of federal funds (either in whole or in part), or
requires federal approval (in the form of a permit, license, or other instrument), NHPA
requirements may apply.38 Also, conferral of a National Register or national historic landmark
designation does not give NPS the authority to rename properties, such as those named in
commemoration of individuals who served the Confederacy.39 For example, some stakeholders
seek to rename the Edmund Pettus Bridge in Selma, AL, replacing the name of Pettus, who was a
Confederate army officer. Although the bridge is designated as a national historic landmark and is
part of the congressional y designated Selma to Montgomery National Historic Trail, the federal
government (including NPS) general y lacks authority to make or order alterations to the bridge’s
displayed name.40
Department of Veterans Affairs
National Cemeteries
The Department of Veterans Affairs administers 143 national cemeteries and 33 soldier’s lots and
memorial areas in private cemeteries through the National Cemetery Administration (NCA). All
cemeteries administered by the NCA are “considered national shrines as a tribute to our gal ant
dead.”41
The first national cemeteries were developed during the Civil War and were administered by the
military.42 Over time, the federal government created new national cemeteries and took control of
cemeteries that previously had been administered privately or by the states. The NCA was created
in 1973 when al national cemeteries administered by the Army at that time, with the exception of

38 Section 106 of the NHPA applies to any federal undertaking. 36 C.F.R. §800.16(y) defines an undertaking as: “a
project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency,
including those carried out by or on behalf of a Federal agency; those carried out with Federal financial assistance; and
those requiring a Federal permit, license or approval.”
39 Some stakeholders have expressed interest in exploring the federal role in renaming properties—including nonfederal
properties—that are listed on the National Register or designated as a national historic landmark and that reflect
Confederate history. Although NPS administers these historic recognition programs, the federal government does not
generally have the authority to rename historic pro perties owned by nonfederal entities, either administratively or at the
direction of Congress. In some instances, NPS may have the authority to alter the way in which specific historic
properties are referred to in documents and programs administered by th e federal government. For names of natural
geographic features, the federal Board of Geographic Names (BGN) is responsible for maintaining uniform name usage
throughout the federal government . T he BGN has policies in place for the renaming of such features under specific
circumstances, regardless of ownership.
40 In reference to an earlier proposal in the Alabama state legislature to rename the bridge, see Brian Lyman, “Senate
Votes to Rename Pettus Bridge,” Montgomery Advertiser, at https://www.montgomeryadvertiser.com/story/news/
politics/southunionstreet/2015/06/03/ala-senate-votes-rename-edmund-pettus-bridge/28409105/. Alabama has enacted
statutory barriers to local efforts to alter or remove Confederate monuments. See Alabama Memorial Preservation Act,
Ala. Code § 41-9-232 (“ (a) No architecturally significant building, memorial building, memor ial street, or monument
which is located on public property and has been so situated for 40 or more years may be relocated, removed, altered,
renamed, or otherwise disturbed.”); State v. City of Birmingham, No. 1180342, __ So. 3d __, 2019 WL 6337424 (Ala.
Nov. 27, 2019) (holding that city violated Alabama Memorial Preservation Act by placing a plywood screen around the
base of a monument to Confederate soldiers and sailors).
41 National Cemeteries Act of 1973, P.L. 93-43, 38 U.S.C. §2403(c).
42 For additional information on the history of national cemeteries, see Department of Veterans Affairs, History and
Developm ent of the National Cem etery Adm inistration , October 2015, at https://www.cem.va.gov/cem/docs/factsheets/
history.pdf.
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Arlington National Cemetery and Soldier’s Home National Cemetery in Washington, DC, were
transferred to VA.43
Numerous national cemeteries and lots contain the remains of former Confederate soldiers and
sailors, including those who died while being held prisoner by the United States or in federal
hospitals during the Civil War.44 Under current law, however, persons whose only military service
was in the Confederate army or navy are not eligible for interment in national cemeteries.45
State Veterans’ Cemeteries
The NCA is authorized to provide grants to state, territorial, or tribal governments to assist with
the establishment of state veterans’ cemeteries.46 These grants may be used only for establishing,
expanding, or improving cemeteries and cannot be used for land acquisition or regular operating
expenses. State veterans’ cemeteries that receive federal grants must adhere to federal law
regarding eligibility for interment, but may add additional restrictions on eligibility such as
residency requirements. Thus, since Confederate veterans are not eligible for interment in
national cemeteries, they also are not eligible for interment in state veterans’ cemeteries that
receive federal grants.
Monuments and Memorials in National Cemeteries
Federal law permits VA to accept monuments and memorials donated by private entities and to
maintain these monuments and memorials in national cemeteries, including those dedicated to
individuals or groups.47 The VA website identifies 34 monuments and memorials in national
cemeteries that explicitly honor Confederate soldiers, sailors, political leaders, or veterans.48
Some of these monuments and memorials predate federal control of the cemeteries where they are
located. For example, one of the Confederate monuments at Point Lookout Confederate Cemetery
in Maryland was erected before the state transferred control of that cemetery to the federal
government. Other monuments and memorials were more recently established, such as the
Confederate monument erected by the United Daughters of the Confederacy and the Sons of
Confederate Veterans in 2005 at Camp Butler National Cemetery in Il inois. Table 2 provides a
list of national cemeteries with Confederate monuments and memorials and the dates, if available,
of their establishment.

43 P.L. 93-43.
44 For additional information on t he interment of Confederate soldiers, sailors, and veterans in national cemeteries, see
Department of Veterans Affairs, Federal Stewardship of Confederate Dead , July 2016, at https://www.cem.va.gov/
CEM/publications/NCA_Fed_Stewardship_Confed_Dead.pdf.
45 38 U.S.C. §2402.
46 38 U.S.C. §2408. A list of state veterans’ cemeteries is at https://www.cem.va.gov/cem/cems/allstate.asp.
47 38 U.S.C. §2407.
48 Information on individual national cemeteries is available at https://www.cem.va.gov/cem/cems/allnational.asp.
Details on monuments and memorials located in those cemeteries are listed under the “ Historical Information” section
of each cemetery’s VA website.
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Table 2. Confederate Monuments and Memorials in National Cemeteries
Administered by the Department of Veterans Affairs (VA)
Number of
Dates of
Monuments
Establishment of
and
Monuments and
State
National Cemetery
Memorials
Memorials
Alabama
Mobile National Cemetery
1
1940
Arkansas
Fort Smith National Cemetery
1
Not listed

Little Rock National Cemetery
1
1884
Il inois
Camp Butler National Cemetery
1
2005

Confederate Mound
1
Not listed

North Alton Confederate Cemetery
1
1909

Rock Island Confederate Cemetery
5
2003; 4 monuments not
listed
Indiana
Crown Hil Confederate Mound
1
1933 (updated 1993)

Woodlawn Monument Site
1
1912
Maryland
Loudon Park National Cemetery
1
1912 (approx.)

Point Lookout Confederate Cemetery
2
1876, 1910
Missouri
Jefferson Barracks National Cemetery
1
1988

Springfield National Cemetery
1
1901

Union Confederate Monument Site
1
Not listed
New Jersey
Finn’s Point National Cemetery
1
1910
New Mexico
Santa Fe National Cemetery
1
1993
New York
Woodlawn National Cemetery
2
1911,a 1937
Ohio
Camp Chase Confederate Cemetery
2
1897, 1902

Confederate Stockade Cemetery
4
1910, 1925
(2 monuments), 2003
Pennsylvania
Philadelphia National Cemetery
1
1911
South Carolina
Beaufort National Cemetery
1
1997
Virginia
Bal ’s Bluff National Cemetery
1
Not listed

Hampton National Cemetery
1
Not listed
Wisconsin
Fort Crawford Cemetery Soldiers’ Lot
1
1930s (approx.)
Source: Congressional Research Service (CRS) compilation of data from the website of the Department of
Veterans Affairs (VA) at https://www.cem.va.gov/cem/cems/a l national.asp and the National Cemetery
Administration’s 2016 report Federal Stewardship of Confederate Dead.
Notes: VA does not list the dates of establishment for al monuments and memorials.
a. The Shohola Monument, erected in 1911, commemorates the deaths of Union and Confederate soldiers in
a railroad accident in Pennsylvania during the Civil War.
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Headstones and Grave Markers
Veterans interred in national cemeteries, or in state or private cemeteries, general y are eligible for
headstones or grave markers provided at no cost by VA.49 For Confederate veterans, government
headstones or grave markers may be provided only if the grave is currently unmarked. The person
requesting a headstone for a Confederate veteran may select a standard VA headstone, which
includes identifying information about the veteran and his or her service and an emblem of belief
corresponding to the veteran’s faith, or a special Confederate headstone that includes the
Southern Cross of Honor as shown in Figure 2.50 The Southern Cross of Honor was created by
the United Daughters of the Confederacy in 1898 and is the only Confederate emblem
permissible on a government headstone or grave marker.
Figure 2. The Southern Cross of Honor on a Confederate Headstone

Source: Action Sports Photography/Shutterstock.com.
Note: The Southern Cross of Honor medal as awarded by the United Daughters of the Confederacy includes an
image of the Confederate battle flag. When engraved on a government headstone, however, the Confederate
battle flag is not included.
Display of Confederate Flags at National Cemeteries
Similar to NPS policy, VA policy al ows for smal flags of the former Confederate States of
America (Confederate flags) to be placed at individual gravesites of Confederate veterans, with or
without a U.S. flag, on Memorial Day and on Confederate Memorial Day in states that have
designated a Confederate Memorial Day.51 In states without a Confederate Memorial Day, another

49 38 U.S.C. §2306. For additional information on burial benefits available to veterans, see CRS Report R41386,
Veterans’ Benefits: Burial Benefits and National Cemeteries.
50 Available emblems of belief are at https://www.cem.va.gov/hmm/emblems.asp. For Union Civil War veterans and
veterans of the Spanish-American War, headstones with a shield engraved in the background are available.
51 Department of Veterans Affairs, Flags in VA National Cemeteries, NCA Directive 3220, November 22, 2005,
Section 8.d.1.
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date may be selected by the cemetery administrator. VA does not provide the Confederate flags.
The display is al owed only at national cemeteries where Confederate soldiers and sailors are
buried. Any display of a 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.
VA also permits the family members of a deceased veteran to display a Confederate flag during
an interment, funeral, or memorial service at a national cemetery in accordance with federal law,
which permits the display of “any religious or other symbols chosen by the family.”52
In 2016, the House of Representatives agreed to an amendment to the Military Construction and
Veterans Affairs and Related Agencies Appropriations Act, 2017, that would have prohibited VA
from implementing its policy that permitted a Confederate flag to fly from a flagpole, subordinate
to the U.S. flag, at national cemeteries with Confederate veterans buried in mass graves on the
same days that smal graveside Confederate flags were permitted.53 The House of Representatives
passed the bil as amended, but the Confederate flag provision was not included in the final
omnibus appropriations legislation and did not become law.54 On August 12, 2016, VA announced
that the agency was amending its policy such that a Confederate flag may no longer fly from a
fixed flagpole at any national cemetery at any time.55
Department of Defense
Confederate Flag Display
Between June and July 2020, military leaders issued a series of policy orders that restricted
displays of the Confederate battle flag. On July 17, 2020, after media reports indicated that the
Defense Department had circulated a draft of a DOD-wide policy banning the display of the
Confederate flag,56 Defense Secretary Mark Esper released a guidance memorandum.57 This
DOD-wide guidance permits display of flags that promote “unity and esprit de corps,” and
provides a list of flags fulfil ing this criterion that does not include the Confederate flag.58 The
Secretary wrote in the memorandum, “Flags are powerful symbols, particularly in the military
community for whom flags embody common mission, common histories, and the special,
timeless bond of warriors,” adding, “The flags we fly must accord with the military imperatives

52 38 U.S.C. §2404(h)(1)(c).
53 H.Amdt. 1062 to H.R. 4974 (114th Congress). T he VA policy on flying a Confederate flag from a flagpole was
provided in Section 8.d.2 of NCA Directive 3220.
54 P.L. 115-31, Consolidated Appropriations Act, 2017.
55 Letter from Ronald E. Walters, Interim Undersecretary for Memorial Affairs, Department of Veterans Affairs, to
Representative Jared Huffman, August 12, 2016.
56 Lolita C. Baldor, “Pentagon draft policy would ban Confederate flag displays,” Military Times, July 6, 2020, at
https://www.militarytimes.com/news/pentagon-congress/2020/07/06/pentagon-draft-policy-would-ban-confederate-
flag-displays/.
57 DOD, text of Secretary Esper’s guidance memo at https://media.defense.gov/2020/Jul/17/2002458783/-1/-1/1/
200717-FLAG-MEMO-DT D-200716-FINAL.PDF.
58 DOD News Release, “Secretary of Defense Dr. Mark T . Esper Guidance on Public Display or Depiction of Flags in
the Department of Defense,” July 17, 2020, at https://www.defense.gov/Newsroom/Releases/Release/Article/2278101/
secretary-of-defense-dr-mark-t-esper-guidance-on-public-display-or-depiction-of/.
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of good order and discipline, treating al our people with dignity and respect, and rejecting
divisive symbols.”59
Earlier, on June 5, 2020, Marine Commandant Gen. David H. Berger signed MARADMINS
Number 331/20, banning the public display of the Confederate battle flag. This instruction directs
Marine Corps commanders to identify and remove from display the Confederate battle flag or its
depiction within workplaces, common-access areas, and public areas on their instal ations.60 This
also includes its depiction on items such as clothing, bumper stickers, mugs, flags, posters, etc.
Excluded from this directive are works of art or historical displays where the flag is depicted but
is not the main focus of the display; state flags and license plates that include images of the
Confederate flag; and Confederate soldiers’ grave sites.61
On June 9, 2020, the Navy announced that the Chief of Naval Operations (CNO), Adm. Mike M.
Gilday, had directed his staff to begin crafting an order that bans the flag from “al public spaces
and work areas aboard Navy instal ations, ships, aircraft and submarines.”62 The CNO’s order is
meant to ensure unit cohesion, preserve good order and discipline, and uphold the Navy’s core
values of honor, courage and commitment.63
On July 2, 2020, Air Force Lt. Gen. Kevin Schneider, the commander of U.S. Forces Japan,
issued an order banning the Confederate flag on U.S. military instal ations in Japan. Schneider
said in issuing his order: “The Confederate Battle Flag does not represent the values of U.S.
Forces assigned to serve in Japan. While I acknowledge some might view it as a symbol of
regional pride, many others in our force see it as a painful reminder of the history of hate, bigotry,
treason, and devaluation of humanity that it represents.”64
On July 21, 2020, the U.S. Coast Guard Commandant, Admiral Karl Schultz, follow ed the Navy
and the Marine Corps and prohibited public displays of the Confederate flag at all Coast Guard
workplaces, common access areas, public areas, and operating facilities.65 This includes barracks
and other quarters where the flag is readily visible as wel as the exterior of Coast Guard family
housing.66 Also prohibited are displays on clothing, bumper stickers, and other vehicle
adornments.

59 Meghann Myers, “Confederate flag effectively banned from military installations,” Navy Times, July 17, 2020, at
https://www.navytimes.com/news/your-military/2020/07/17/confederate-flag-effectively-banned-from-military-
installations/.
60 U.S Marine Corps, “Removal Public Displays of the Confederate Battle Flag,” MARADMINS: 331/20, June 5, 2020,
at https://www.marines.mil/News/Messages/Messa ges-Display/Article/2210513/removal-public-displays-of-the-
confederate-battle-flag/.
61 Diana Stancy Correll, “Marine Corps bars public display of Confederate flag on installations,” Marine Corps Times,
June 6, 2020, at https://www.marinecorpstimes.com/news/your-marine-corps/2020/06/06/marine-corps-bars-public-
display-of-confederate-flag-on-installations/.
62 Geoff Ziezulewicz, “CNO says no more Confederate battle flags in public spaces and work areas,” Navy Times, June
9, 2020, at https://www.navytimes.com/news/your-navy/2020/06/09/cno-says-no-more-confederate-battle-flags-in-
public-spaces-and-work-areas/.
63 Ibid.
64 Joseph Ditzler, “ US Forces Japan commander orders ban on Confederate battle flag,” Stars and Stripes, July 2, 2020,
at https://www.stripes.com/news/pacific/us-forces-japan-commander-orders-ban-on-confederate-battle-flag-1.637294.
65 Bridget Johnson, “Coast Guard Bans ‘Uniquely Divisive’ Confederate Flag as Symbol T hat ‘T hreatens Our Black
Shipmates,’” Hom eland Security Today, July 9, 2020, at https://www.hstoday.us/federal-pages/dhs/uscg/coast -guard-
bans-uniquely-divisive-confederate-flag-as-symbol-that -threatens-our-black-shipmates/.
66 Ibid.
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Military Installations
Currently there are 10 major Army instal ations in southern states named after Confederate
military leaders and no such instal ations for the other military departments. For more information
on these instal ations and the naming policy and procedures for each military department, see
CRS Insight IN10756, Confederate Names and Military Installations.
The NDAA for FY2020 (P.L. 116-92) included a provision in Section 1749 prohibiting the DOD
from giving assets names that refer to the CSA, including the name of anyone who served in the
Confederacy or names that reference a Confederate battlefield victory. The provision explicitly
stated that it did not require the Secretary of Defense to initiate a review of previously named
assets.
Navy Ships
Currently, the fleet has no ships named after Confederate officers. However, in the fleet is the
USS Chancellorsville (CG-62), a guided-missile cruiser commissioned in 1989, and named after
the Battle of Chancel orsvil e, Virginia, April 30-May 6, 1863. According to some historians, this
battle was considered a major Confederate victory under the leadership of Gen. Robert E. Lee.67
Four ships have been named for Confederate officers: USS Robert E. Lee (SSBN-601) in 1960,
USS Stonewall Jackson (SSBN-634) in 1964, USS Hunley (AS-31) in 1962, and USS Dixon (AS-
37) in 1971. Al four have been decommissioned.68
Tattoos and Body Markings
According to the Department of Defense (DOD), a servicemember’s right of expression should be
preserved to the maximum extent possible in accordance with the constitutional and statutory
provisions of Title 10 of the U.S. Code, and consistent with good order and discipline and the
national security.69 However, if a commander determines that the display of Confederate symbols
is detrimental to the good order and discipline of the unit, then the commander can ban such
displays.
Some military recruits with Confederate flag tattoos have been barred from joining the military
on the basis of policies prohibiting certain types of tattoos.70 The Army, Navy, Air Force, and
Marine Corps al have policies that prohibit tattoos that are injurious to good order and discipline.
There is no explicit prohibition against the Confederate flag and symbols in tattoos.71 For more

67 For more information, see CRS Report RS22478, Navy Ship Names: Background for Congress, by Ronald O'Rourke,
in the section, “Ships Named for the Confederacy or Confederate Officers.”
68 Ibid.
69 Department of Defense Instruction (DoDI) 1325.06, Handling Dissident and Protest Activities among Members of
the Arm ed Forces, 2009 (incorporating change 1, February 22, 2012), at http://www.esd.whs.mil/Portals/54/
Documents/DD/issuances/dodi/132506p.pdf; and “ DOD Prohibitions on Participation in Extremist Activities” in CRS
Insight IN11086, Military Personnel and Extrem ism : Law, Policy, and Considerations for Congress, by Kristy N.
Kamarck.
70 See, for example, Jeff Schogol, “Confederate Flag T attoo Stops Man from Joining Marines,” Marine Times, January
26, 2016, at https://www.marinecorpstimes.com/news/your-marine-corps/2016/01/26/confederate-flag-tattoo-stops-
man-from-joining-marines/.
71 See above section on “ Confederate Flag Display” for discussion of broader DOD policies concerning the display of
the Confederate flag.
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information, see CRS Report R44321, Diversity, Inclusion, and Equal Opportunity in the Armed
Services: Background and Issues for Congress.
Arlington National Cemetery and Army Cemeteries
Confederate Flag Display
Arlington National Cemetery is under the jurisdiction of the U.S. Army. The Army policy states
in Department of the Army (DA) Pamphlet 290–5, Administration, Operation, and Maintenance
of Army Cemeteries, that on Memorial Day, or on the day when Confederate Memorial Day is
observed, a smal Confederate flag of a size not to exceed that of the U.S. flag may be placed on
Confederate graves at private expense.72 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.73
Confederate Graves and Confederate Memorial
On June 6, 1900, Congress authorized $2,500 for a section of Arlington National Cemetery to be
set aside for the burial of Confederate dead.74 Section 16 was reserved for Confederate graves,
and among the 482 persons buried there are 46 officers, 351 enlisted men, 58 wives, 15 southern
civilians, and 12 unknowns.75 To further honor the Confederate dead at Arlington, the United
Daughters of the Confederacy petitioned to erect a monument that was approved by then-
Secretary of War Wil iam Howard Taft on March 4, 1906, and sculpted by Moses Ezekiel (see
Figure 3 and Figure 4).76 President Woodrow Wilson unveiled the memorial on June 4, 1914.
Over the years, there has been some criticism of the depiction of slaves on the frieze of the
memorial. On July 8, 2020, the Army stated that it is working with the Defense Department “on
guidance for display of divisive symbols. Any review would include this memorial.”77

72 DA Pamphlet 290–5, Administration, Operation, and Maintenance of Army Cemeteries; see Flags Used on Memorial
Day 2-7 on p.2, and Grave-Decorating Flags 6-11 on p. 30, at http://www.apd.army.mil/epubs/DR_pubs/DR_a/pdf/
web/p290_5.pdf.
73 Erin Blakemore, “T he Battle Over Confederate Heritage Month” JST OR Daily, April 14, 2017 , at
https://daily.jstor.org/the-battle-over-confederate-heritage-month/; and Carl R. Weinberg. “ T he Strange Career of
Confederate History Month.” OAH Magazine of History 25, no. 2 (2011): 63-64, at http://www.jstor.org/stable/
23210248.
74 Arlington National Cemetery, “Confederate Memorial,” at https://www.arlingtoncemetery.mil/Explore/Monuments-
and-Memorials/Confederate-Memorial. According to this site, after the Spanish-American War “ in the spirit of national
reconciliation, the U.S. Congress authorized that a section of Arlington National Cemetery be set aside for the burial of
Confederate dead.” Included were the Confederate soldiers buried in the national cemeteries at Alexandria, VA, and at
the Soldiers’ Home in Washington, DC, and reinterred in the Confederate section in 1901.
75 Ibid.
76 Ibid.
77 Richard Sisk, “Army Reviewing ‘Confederate Memorial’ Featuring Slaves at Arlington National Cemetery,”
Military.com, July 9, 2020, at https://www.military.com/daily-news/2020/07/09/army-reviewing-confederate-
memorial-featuring-slaves-arlington-national-cemetery.html.
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Figure 3. Confederate Memorial in Arlington National Cemetery

Source: Arlington National Cemetery, at https://www.arlingtoncemetery.mil/Explore/Monuments-and-
Memorials/Confederate-Memorial.
Note: Moses Ezekiel was a wel -known sculptor and Confederate veteran who was later buried at the base of
the monument in 1921. The bronze monument stands 32 feet in height and is the South represented as a woman
atop a base with a frieze composed of 14 inclined shields for each Confederate state and the border state
Maryland. The memorial is surrounded by Confederate graves.
Figure 4. Details of the Base of the Arlington Confederate Memorial

Source: Arlington National Cemetery at http://www.arlingtoncemetery.net/csa-memorial-017-062803.jpg.
Note: Included in the base are mythological figures and il ustrated images of the trials and tribulations of
Southerners during the war.
Issues for Congress
Members of Congress have been divided in recent years on the treatment of Confederate symbols
on federal lands and at sites that receive federal funding. Some legislation has sought to withhold
funding for the maintenance of Confederate symbols, other legislation to remove Confederate
symbols outright, and stil other legislation to maintain the status quo in terms of these symbols’
presence on federal lands. Also at issue has been the application of federal law to attempts by
members of the public to forcibly remove these symbols, such as at recent protests in Washington,
DC, and elsewhere.
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National Park Service
NPS has considered Confederate symbols at park sites in the context of the agency’s mission to
preserve its historic and cultural resources unimpaired for future generations. Absent
congressional authorization, NPS’s preservation mandates could constrain the agency from taking
administrative actions such as removing Confederate commemorative works from NPS units.
Under both the Obama and Trump Administrations, NPS has expressed that some Confederate
symbols in park units are required to be preserved under agency statutes and could be framed and
interpreted appropriately through educational activities.78 At the same time, the Obama
Administration took steps to discourage or end some other uses of Confederate symbols—in
particular the use of the Confederate flag in a “stand-alone” context.79 This policy has remained in
place under the Trump Administration.
Congress faces questions about whether Confederate symbols should continue to be subject to
NPS’s requirements for resource preservation, or whether legislation should be enacted to
facilitate or require the removal of these symbols from park sites. If removal of these symbols is
desired, other questions might include which symbols should be removed, whether removals
should be subject to the procedural requirements of Section 106 of the NHPA, and whether
actions should also include changes to policies for commemorating deceased Confederate soldiers
at NPS cemeteries. An additional consideration would be how to fund potential removals of
Confederate monuments and memorials. NPS, which faces a sizable backlog of deferred
maintenance, has stated in the past that it may lack funds to dispose of unneeded or unwanted
assets.80
Department of Veterans Affairs
Controversy over the display of Confederate symbols on public lands and supported with federal
funds affects VA, its national cemeteries, and current law and policy regarding the provision of
headstones for Confederate gravesites. VA’s laws and policies permit existing Confederate graves
in national cemeteries to remain undisturbed and permit Confederate monuments and memorials
in national cemeteries and the use of a Confederate symbol on government headstones.
Legislation such as the 116th Congress’s H.R. 4179, which references Confederate symbols, raises
questions about how existing headstones, monuments, and memorials would be treated within the
context of maintaining national cemeteries as “national shrines,” as wel as whether or not future
headstones issued by VA for unmarked Confederate graves should include the Southern Cross of
Honor.
Department of Defense
The Department of the Army has no formal administrative process for renaming military
instal ations, nor is there a DOD-wide policy on renaming assets named for the Confederacy.
Following the 2015 shootings in a Charleston, SC, church, then-Army Chief of Public Affairs
Brigadier General Malcolm Frost said, “Every Army instal ation is named for a soldier who holds
a place in our military history. Accordingly, these historic names represent individuals, not causes

78 See, for example, NPS June 2015 Policy Memo, and NPS Confederate Memorials Discussion Guide, Summer 2017.
79 NPS June 2015 Policy Memo.
80 For more information, see CRS Report R44924, National Park Service Deferred Maintenance: Frequently Asked
Questions, by Laura B. Comay.
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or ideologies.”81 However, on July 8, 2020, during testimony before the House Armed Services
Committee, Chair of the Joint Chiefs of Staff, Army Gen. Mark Mil ey, left open the discussion of
changing the names.82 Mil ey stated, “I personal y think that the original decisions to name those
bases after Confederate generals … those were political decisions … 100 years ago and they’re
going to be political decisions today.”83 He also supported the idea of a commission to be created
to look into renaming the posts. The NDAA for FY2020 (P.L. 116-92) included a provision in
Section 1749 prohibiting the Defense Secretary from giving assets names that refer to the CSA,
but did not require the Secretary to review previously named assets. (See “Recent Legislation”
section.)
The House and the Senate have separately endorsed removing Confederate leaders’ names from
military instal ations as part of the NDAA for FY2021.84 On July 21, 2020, the House voted to
bar the Confederate battle flag from being displayed on Defense Department property as part of
its version of the NDAA for FY2021, H.R. 6395. Section 1749 of the House-passed version
would prohibit public display of the Confederate battle flag on DOD property with certain
exceptions such as historical displays and grave markers; and authorizes $1 mil ion for the
commission’s work. Another provision, Section 2829, would require DOD, within a year of
enactment, to develop a plan for and commence renaming military instal ations and defense
properties within its jurisdiction named for “any person who served in the political or military
leadership of any armed rebel ion against the United States.”
Section 377 of the Senate-passed version, S. 4049, would also establish a commission, requires a
three-year timeline, and would authorize $2 mil ion for the commission. The commission is to
examine and establish criteria to rename symbols, displays, monuments, and other paraphernalia
that honor the CSA and its leaders across DOD assets. This includes assets such as any base,
instal ation, street, building, facility, aircraft, ship, plane, weapon, equipment, or other DOD-
owned or -controlled property. The Senate passed S. 4049 on July 23, 2020. President Trump has
threatened to veto the NDAA for FY2021 if the final legislation includes a provision to rename
military instal ations currently named for Confederate leaders.
Proponents of renaming the instal ations contend that there are noteworthy national military
leaders from other conflicts who demonstrated selfless service and sacrifice, including Medal of
Honor recipients, who would be more appropriate for such an honor. Opponents of renaming
these instal ations cite the bureaucracy of creating a new review process and the difficulty of
satisfying the various viewpoints over which names (if any) would be selected as subjects of
contention.

81 Vera Bergengruen, “No Plans to Change Names of Bases Honoring Confederate Generals,” Military Times, August
17, 2017, at http://www.military.com/daily-news/2017/08/17/no-plans-change-names-bases-honoring-confederate-
generals.html.
82 Meghann Myers, “Military’s top officer is open to renaming Army posts honoring Confederate generals,” Military
Tim es, July 8, 2020, at https://www.militarytimes.com/news/your-military/2020/07/09/militarys-top-officer-is-open-to-
renaming-army-posts-honoring-confederate-generals/.
83 Ibid.
84 Also in the 116th Congress, H.R. 7164, the Honoring Real Patriots Act of 2020, would require the Secretary of
Defense to rename any military property “that is currently named after any individual who took up arms against the
United States during the American Civil War or any individual or entity that supported such efforts.”
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Other Issues
Under the National Historic Preservation Act, any federal agency that considers the removal—or
provides funding, assistance, or approval for the removal—of historic properties would be subject
to the applicable procedural considerations required by law (Section 106 for properties listed or
eligible for listing on the National Register, and Section 110(f) for properties designated as
national historic landmarks). These requirements are to be concluded before federal funding is
provided or a federal license issued.85 As a result, the immediate removal of some Confederate
commemorative works would likely violate an agency’s legal requirements under the NHPA
absent congressional authorization.
To the extent that Congress seeks to expedite the removal of historic properties that
commemorate the Confederacy on federal lands (or that require federal funding or approval), a
variety of legislative options are available. For example, Congress might consider a legislative
proposal stating that, notwithstanding any other provision of law, relevant Confederate works
shal be treated as being in an “exempted category” under 36 C.F.R. § 800.14(c). This provision
typical y al ows agencies to propose a “category of undertakings that may be exempted from”
Section 106 review. Alternatively, Congress could direct agencies to propose or seek to develop
such an exemption through the administrative process outlined in regulations.86 Congress could
also consider a proposal to more general y exempt Confederate historic properties either from
NHPA protection or from Section 106 compliance.87 Other options might include providing
additional appropriations to NPS’s Historic Preservation Fund account to expedite Section 106
review and compliance for the removal of Confederate works.
Alternatively, Congress might wish to reinforce or expand protections for Confederate works
beyond those provided by the NHPA and other statutes. For example, Congress might consider a
legislative proposal that explicitly prevents federal agencies from removing Confederate works
and/or providing assistance for the removal of such properties. Such a proposal could be specific
to certain works, or apply broadly depending on the wording of the provision. Other options
could include withholding historic preservation grants and/or other federal grants from
jurisdictions that do not prevent the removal of Confederate monuments, or that fail to enforce
federal statutes such as the Veterans’ Memorial Preservation and Recognition Act (VMPRA), as
proposed in H.R. 7646 in the 116th Congress.
Congress might also wish to reinforce or counter the funding policies articulated by President
Trump in his June 26 “Executive Order on Protecting American Monuments, Memorials, and
Statues and Combating Recent Criminal Violence” (June 26 Order). The June 26 Order
articulated two federal policies of withholding federal funds from entities that fail to protect
public monuments, memorials, and statues—including Confederate ones—from destruction or
vandalism. Specifical y, the policies reference withholding federal “support tied to public spaces”
from state and local governments and withholding federal “support from State and local law
enforcement agencies” in those circumstances. The June 26 Order then directs the “heads of al
executive departments and agencies” to “examine their respective grant programs and apply”
those policies to the extent appropriate and consistent with applicable law. Congress could

85 54 U.S.C. §306108.
86 36 C.F.R. §800.14.
87 For example, in the 116th Congress, H.R. 7612 includes the following provision: “ Notwithstanding any other
provision of law or policy to the contrary, within 180 days of enactment of this Act, the National Park Service shall
remove from display all physical Confederate commemorative works, such as st atues, monuments, sculptures,
memorials, and plaques, as defined by NPS, Management Policies 2006, §9.6.1.”
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separately authorize or prohibit federal agencies from considering these policies when
administering grants.
Other issues concern the federal response to actions by the public to forcibly remove or alter
Confederate commemorative works, either on federal lands or in other situations where a federal
nexus is present. For example, in certain circumstances, the VMPRA criminalizes the wil ful
injury or destruction (or attempted wil ful injury or destruction) of “any structure, plaque, statue,
or other monument on public property commemorating the service of any person or persons in the
armed forces of the United States.”88 The June 26 Order, among other things, directed the
Department of Justice to prioritize prosecutions under existing federal statutes protecting
monuments, memorials, and statues, including the VMPRA. Congress may consider whether to
pass additional measures to protect monuments, or whether to abolish or restrict the measures
already in place. Any legislative action by Congress could only apply to activities within the
realm of Congress’s constitutional authority. CRS In Focus IF11596, Monuments and Memorials:
Federal Criminal Law Protections, discusses this issue and relevant legislative options in greater
detail.
In sum, Congress faces multiple questions and proposals concerning Confederate symbols on
federal lands and in federal y funded programs. Legislation in the 116th Congress would address
Confederate symbols in different ways. Proposals range from those concerned with individual
Confederate symbols to those that would broadly affect al Confederate symbols on federal lands.
Some of these proposals may be more or less difficult to implement from a logistical or financial
standpoint; and questions may arise about how some proposals would interact with existing
authorities.

Author Information

Laura B. Comay, Coordinator
Mainon A. Schwartz
Specialist in Natural Resources Policy
Legislative Attorney

Mark K. DeSantis
Barbara Salazar Torreon
Analyst in Natural Resources Policy
Acting Head, Research and Library Services

Heather M. Salazar
Laura A. Hanson
Analyst in Veterans Policy
Senior Research Librarian

88 18 U.S.C. § 1369(a).
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Confederate Symbols: Relation to Federal Lands and Programs

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