[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 390 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 390

 To ensure that the right of an individual to display the Service Flag 
                on residential property not be abridged.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2011

  Mr. Webb (for himself and Mrs. McCaskill) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To ensure that the right of an individual to display the Service Flag 
                on residential property not be abridged.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Blue Star/Gold Star Flag Act of 
2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``Service Flag'' means a service flag for 
        purposes of section 901 of title 36, United States Code.
            (2) The terms ``condominium association'' and ``cooperative 
        association'' have the meanings given such terms under section 
        604 of Public Law 96-399 (15 U.S.C. 3603).
            (3) The term ``residential real estate management 
        association'' has the meaning given such term under section 528 
        of the Internal Revenue Code of 1986 (26 U.S.C. 528).
            (4) The term ``member''--
                    (A) as used with respect to a condominium 
                association, means an owner of a condominium unit (as 
                defined under section 604 of Public Law 96-399 (15 
                U.S.C. 3603)) within such association;
                    (B) as used with respect to a cooperative 
                association, means a cooperative unit owner (as defined 
                under section 604 of Public Law 96-399 (15 U.S.C. 
                3603)) within such association; and
                    (C) as used with respect to a residential real 
                estate management association, means an owner of a 
                residential property within a subdivision, development, 
                or similar area subject to any policy or restriction 
                adopted by such association.

SEC. 3. RIGHT TO DISPLAY THE SERVICE FLAG.

    A condominium association, cooperative association, or residential 
real estate management association may not adopt or enforce any policy, 
or enter into any agreement, that would restrict or prevent a member of 
the association from displaying the Service Flag on residential 
property within the association with respect to which such member has a 
separate ownership interest or a right to exclusive possession or use.

SEC. 4. LIMITATIONS.

    Nothing in this Act shall be considered to permit any display or 
use that is inconsistent with--
            (1) any regulations prescribed by the Secretary of Defense 
        regarding rules or customs pertaining to the proper display or 
        use of the Service Flag; or
            (2) any reasonable restriction pertaining to the time, 
        place, or manner of displaying the Service Flag necessary to 
        protect a substantial interest of the condominium association, 
        cooperative association, or residential real estate management 
        association.
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