[Congressional Record (Bound Edition), Volume 152 (2006), Part 9]
[House]
[Pages 12716-12717]
[From the U.S. 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 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.

[[Page 12717]]

       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, 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.

                          ____________________