[Congressional Record Volume 152, Number 85 (Tuesday, June 27, 2006)]
[House]
[Pages H4574-H4576]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FREEDOM TO DISPLAY THE AMERICAN FLAG ACT OF 2005
Mr. BARTLETT of Maryland. Madam Speaker, I move to suspend the rules
and pass the bill (H.R. 42) to ensure that the right of an individual
to display the flag of the United States on residential property not be
abridged.
The Clerk read as follows:
H.R. 42
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 ``Freedom to Display the
American Flag Act of 2005''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``flag of the United States'' has the meaning
given the term ``flag, standard, colors, or ensign'' under
section 3 of title 4, United States Code;
(2) the terms ``condominium association'' and ``cooperative
association'' have the
[[Page H4575]]
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); and
(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 FLAG OF THE UNITED STATES.
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 flag of the United States 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 provision of chapter 1 of title 4, United States
Code, or any rule or custom pertaining to the proper display
or use of the flag of the United States (as established
pursuant to such chapter or any otherwise applicable
provision of law); or
(2) any reasonable restriction pertaining to the time,
place, or manner of displaying the flag of the United States
necessary to protect a substantial interest of the
condominium association, cooperative association, or
residential real estate management association.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Bartlett) and the gentleman from Kansas (Mr. Moore) each
will control 20 minutes.
The Chair recognizes the gentleman from Maryland.
Mr. BARTLETT of Maryland. Madam Speaker, I yield myself such time as
I may consume.
Madam Speaker, I have a constituent and a friend, Hugh Warner, who
runs American Flag Service. He sells a lot of flags, one of the biggest
flag salespersons in the country; and Hugh several years ago pointed
out to me a problem that some of his buyers had. These were purchasers
who were members of a homeowner's association or a condominium
association who, when they flew their flag, were admonished by the
association that they could not fly a flag on their condo or on their
townhouse or home. So, as a result of those problems that Mr. Warner
found several of his people had, as a result of some research that we
did, we filed H.R. 42.
This is a very simple bill. We believe that it is a reasonable
compromise between the rights of an association, homeowner's
association, condominium association, to maintain the value of their
properties and the rights of the individual to fly his country's flag.
We are not alone in being advised of this problem, because I have
here in my hand newspaper reports from a number of newspapers that are
reporting actions, there must be six or eight here, by States that were
addressing this same problem; and they each one have passed bills that
says that the homeowner's association may place reasonable limits on
flying the flag, but they cannot prohibit the flying of the flag.
I will make these a part of the Record. We have here some letters
from several organizations who are supporting this bill. The Veterans
of Foreign Wars, the Jewish War Veterans of the United States of
America, AMVETS, the Military Officers Association of America, and the
Gold Star Wives of America are all in support of this bill.
It is a very simple bill. It simply says that a homeowner or
condominium owner cannot be prohibited from flying the flag of his
country. It also says that the association may place reasonable limits
on the time and the manner of displaying the flag.
We think that this is a commonsense accommodation of the rights of
the associations to maintain the value of their properties and the
rights of Americans to fly the flag.
Mr. Speaker, it is hard for me to understand how a flag outside my
condo could depreciate the value of my condo. I would just think that
Americans flying flags should increase the value of whatever it flies
on.
Veterans of foreign Wars
of the United States,
Washington, DC, June 26, 2006.
Hon. Roscoe Bartlett,
House of Representatives,
Washington, DC.
Dear Congressman Bartlett: On behalf of the 2.4 million
members of the Veterans of Foreign Wars of the United States,
VFW, and our Auxiliaries, I wish to express our views on the
preservation and proper display of our national flag.
The VFW views our national banner as a living symbol. Flags
and flag education are a hallmark of our Citizenship
Education program. We promote frequent display of the flag,
especially on national holidays and days of remembrance. The
flag should only be flown during daylight hours, unless
illuminated. For a complete guide to the proper display of
our national colors, please view our Web site: www.vfw.org.
In addition to proper national flag display guidelines
maintained on our Web site, we believe that any display of
the flag should keep with local traditions and norms. The
bearer of the flag should consider the impact to the
community and the flag. The flag should be the correct size
for the method of display, thus keeping it from becoming an
obstruction. The damage to the flag needs to be considered
such as displaying a flag on a highway, which exposes the
flag to stains and fabric rips.
Congressman Bartlett, I thank you for your addressing this
issue. Your recognition of America's current and future
veterans is very much appreciated by the Veterans of Foreign
Wars. If any member of my staff or I may be of assistance, do
not hesitate to contact me.
Sincerely,
Dennis Cullinan,
Director, National Legislative Service.
____
Jewish War Veterans of the
United States of America,
Washington, DC, June 19, 2006.
Congressman Roscoe D. Bartlett,
House of Representatives,
Washington, DC.
Dear Congressman Bartlett: On behalf of the Jewish War
Veterans of the USA, JWV, I am writing to offer our whole-
hearted support for the passage of H.R. 42, ``Freedom to
Display the American Flag Act of 2005.''
The members of the JWV, the oldest active veterans'
organization in the country, have fought hard to defend the
American flag and gladly support the right to display it
proudly even in the face of resistance from condominium and
other homeowners' associations.
Please count us among the supporters of the bill. We urge
its swift passage.
Sincerely,
COL (Ret) Herb Rosenbleeth,
National Executive Director.
____
AMVETS,
Lanham, MD, June 21, 2006.
Hon. Roscoe Bartlett,
House of Representatives,
Washington, DC.
Dear Rep. Bartlett: On behalf of AMVETS, American Veterans,
I write to endorse your bill, H.R. 42, the Freedom to Display
the American Flag Act of 2005. I appreciate your leadership
on this issue.
AMVETS strongly supports the right of every person to
freely fly the U.S. Flag on their own residential property. I
am shocked to learn that some housing associations have been
discouraging or preventing homeowners from displaying the
Flag. This is certainly not what America is all about. H.R.
42 would affirm an individual's right to fly the Flag on
their own property, regardless of any association rules.
The Flag is the symbol of our great Nation. It belongs to
all of us and it waves as the ultimate expression of freedom.
It represents liberty, equal opportunity, tolerance, and
goodwill for those who share our aspirations. Everyone should
have the right to display the Flag wherever and whenever they
choose, especially on their own property.
Again, thank you for your timely and appropriate bill. I am
hopeful the House will act swiftly on H.R. 42 and give
homeowners the unabridged right to freely fly the noble
symbol of our great Nation.
Sincerely,
Edward W. Kemp,
National Commander.
____
Military Officers Association
of America,
Alexandria, VA, June 22, 2006.
Hon. Roscoe Bartlett,
House of Representatives,
Washington, DC.
Dear Representative Bartlett: On behalf of the 360,000
members of the Military Officers Association of America,
MOAA, I am writing to support your bill, H.R. 42, that would
require condominium associations and similar entities to
permit owners to display the U.S. Flag, and for other
purposes.
H.R. 42 strengthens freedom of speech under the First
Amendment to the Constitution and safeguards that freedom for
those who wish to display the U.S. Flag as resident owners of
certain types of communities.
Your bill would provide that a condominium association,
cooperative association,
[[Page H4576]]
or residential real estate management association may not
adopt or enforce any policy, or enter into any agreement,
that would restrict or prevent an association member from
displaying the U.S. 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.
The bill stipulates that the legislation be consistent with
Federal law or rule governing the display of the flag and be
consistent with other reasonable management restrictions
pertaining to the time, place or manner of such display.
Thank you for your leadership on this common sense measure.
MOAA is pleased to endorse H.R. 42, the ``Freedom to Display
the American Flag Act of 2005''.
Sincerely,
Norbert R. Ryan,
President.
____
Gold Star Wives of America, Inc.,
Arlington, VA, June 12, 2006.
Hon. Roscoe G. Bartlett,
Washington, DC.
Dear Congressman Bartlett: On behalf of Gold Star Wives of
America, `thank you' for introducing H.R. 42, the ``Freedom
to Display the American Flag Act of 2005.'' Gold Star Wives
support H.R. 42 because it's the right thing to do to display
the American flag on one's own property. It's the patriotic
thing to do, especially with Flag Day coming up. We all
should be proud to display the American flag.
Over the years, we've read news reports that organizations
such as condo or coop associations have rules that prevent
their home-owners from flying the American flag on their own
property. How unpatriotic of these association managers for
their absurd rules. Those management rules are senseless.
They should be encouraging flying the American flag, not
discouraging it.
Our soldiers continue to serve and die for our country to
make it free--free to fly the American flag, especially on
our own property!
Sincerely,
Rose E. Lee,
Chair, Legislative Committee.
____
Mr. Speaker, I reserve the balance of my time.
Mr. MOORE of Kansas. Mr. Speaker, I thank the gentleman for his
comments, and I rise today in support of H.R. 42, the Freedom to
Display the American Flag Act.
This bill, as the gentleman stated, provides that a condominium
association, a cooperative association, or residential real estate
management association may not prohibit a resident of the association
from displaying an American flag on their property within the
association.
American citizens should not be prevented from expressing simple acts
of patriotism, especially raising the flag on their own property, even
if their property is part of a larger association of properties.
I am proud to be here today to support this bill, which supports
basic patriotism and ensures that Americans may display the American
flag wherever they live.
Mr. GENE GREEN of Texas. Mr. Speaker, I rise today in favor of H.R.
42, the Freedom to Display the American Flag Act. This bill would allow
homeowners to fly the American flag on their own property in accordance
with the U.S. Flag Code.
I signed on to this bill because I have a constituent who was told by
his homeowners association that his flagpole and his display of the
American flag were in violation of their association rules.
Homeowners should have the freedom to display the American flag on
their property. Our flag represents our country as a symbol of our
patriotism, unity, and most of all bravery.
Right now our service men and women are courageously fighting the war
on terrorism and putting their lives on the line every day to protect
our great Nation and the freedoms that we hold so dearly.
This bill guarantees the homeowner the ability display the flag and
show their support for this great Nation.
We must always remember the sacrifices others have made so that we
enjoy the freedoms we have. The flag should never be considered an
eyesore on property.
Mr. MOORE of Kansas. Mr. Speaker, I yield back the balance of my
time.
Mr. BARTLETT of Maryland. Mr. Speaker, I yield back the balance of
our time.
The SPEAKER pro tempore (Mr. Kline). The question is on the motion
offered by the gentleman from Maryland (Mr. Bartlett) that the House
suspend the rules and pass the bill, H.R. 42.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________