[Congressional Record (Bound Edition), Volume 156 (2010), Part 6]
[House]
[Pages 8594-8596]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1400
                  BLUE STAR/GOLD STAR FLAG ACT OF 2009

  Mr. MOORE of Kansas. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 2546) to ensure that the right of an individual to 
display the Service flag on residential property not be abridged.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2546

       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 2009''.

     SEC. 2. DEFINITIONS.

       For purposes of this Act--
       (1) the term ``Service Flag'' has the meaning given such 
     term under section 901 of Public Law 105-225 (36 U.S.C. 901);
       (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 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 United States 
     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.

  The SPEAKER pro tempore (Ms. DeGette). Pursuant to the rule, the 
gentleman from Kansas (Mr. Moore) and the gentlewoman from Kansas (Ms. 
Jenkins) each will control 20 minutes.
  The Chair recognizes the gentleman from Kansas.


                             General Leave

  Mr. MOORE of Kansas. Madam Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which to revise and extend their 
remarks on this legislation and to insert extraneous material thereon.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kansas?
  There was no objection.
  Mr. MOORE of Kansas. Madam Speaker, I yield myself as much time as I 
may consume.
  Madam Speaker, I rise today in strong support of H.R. 2546, the Blue 
Star/Gold Star Flag Act, drafted by my colleague from Ohio, 
Representative John Boccieri. This bipartisan legislation has 54 
Democratic and Republican cosponsors, and I'm proud to be one of them.
  The Service flag, which is referred to as either the Blue Star or 
Gold Star flag, is an official banner authorized by the Defense 
Department for display by families of members serving in the Armed 
Forces during a period of war. Each blue star on the flag represents a 
servicemember in Active Duty, while a gold star signifies a 
servicemember who was killed in action or who died in service. As 
authorized by the Defense Department, organizations can fly the Service 
flag as long as it honors the members of that organization serving 
during a period of war.
  In April of last year, a constituent of Representative Boccieri was 
asked by her condominium association to remove the Service flag she 
placed in her window in honor of her son who served in Operation Desert 
Storm in 1991, and again in 2003, for his service defending our country 
in Iraq. Her son suffered injuries not once but twice from roadside 
bombs. Thankfully, the condominium association later reversed its 
decision and allowed the woman to display a Blue Star flag.
  This thoughtful legislation drafted in response to this incident will 
make sure no condominium association, cooperative association, or 
residential real estate management association is able to prevent 
residents from displaying the Service flag in honor of their loved ones 
on or around their homes.
  I strongly urge my colleagues to support this legislation.
  I reserve the balance of my time.
  Ms. JENKINS. Madam Speaker, I yield myself as much time as I may 
consume.
  Madam Speaker, today I rise in support of H.R. 2546, the Blue Star/
Gold Star Flag Act. This bill ensures the rights of an individual to 
display the Service flag on a residential property without limitation.
  The Service flag, also referred to as either the Blue Star or Gold 
Star flag, is an official banner authorized by the Defense Department 
for display by families of members serving in the Armed Forces during a 
period of war. Since World War II, the Blue Star and Gold Star Service 
flag has been a way for families and the communities they live in to 
show their pride and concern for our troops in the field.
  Each blue star on the flag represents a servicemember on Active Duty, 
while a gold star signifies a servicemember who was killed in action or 
who died in service. The Service flag may also be displayed by an 
organization to honor the members of that organization serving during a 
period of war or hostilities.
  We must do everything we can to show our support for our troops. For 
the men and women serving in our military and their families, the 
Service flag has significant meaning. This flag is a symbol of the 
sacrifices that our military men and women make as they put their lives 
on the line to protect our country. Their family members should be 
allowed to fly the flag in honor of those sacrifices, no matter where 
they live, and H.R. 2546 ensures the rights of an individual to display 
the Service flag on residential property without limitation.
  The bill we are considering today is similar to the Freedom to 
Display the American Flag Act of 2005, which passed the House by a 
voice vote and was later signed into law.
  Madam Speaker, I too want to thank my colleague from Ohio (Mr. 
Boccieri) for championing this important legislation. H.R. 2546 ensures 
that our America's military families are able to honor their loved 
ones' service to our country by displaying the Service flag no matter 
where they live.
  This bill deserves our support, and I urge the adoption of H.R. 2546, 
the Blue Star/Gold Star Flag Act.
  Madam Speaker, I reserve the balance of my time.
  Mr. MOORE of Kansas. Madam Speaker, I yield 5 minutes to the 
gentleman from Ohio (Mr. Boccieri), the chief sponsor of this important 
legislation.
  Mr. BOCCIERI. Madam Speaker, I thank the gentleman from Kansas (Mr. 
Moore) and the committee for their work on this important bill that 
recognizes the service of our strong military members who find 
themselves on multiple rotations, and some of those who find themselves 
injured. Today the Blue Star/Gold Star Flag Act of 2009 is a tribute to 
those military families.
  In 2009, one of my constituents was required by her condominium 
association to remove the Service flag. It was placed in her window in 
honor of her son, an Iraq war soldier who had served multiple tours and 
was twice injured in the line of duty while serving over in Iraq. They 
were both roadside bombs.
  The Service flag, or the Blue Star flag or Gold Star flag, is an 
official banner, as has been said, by the Department of Defense, and 
it's been on

[[Page 8595]]

display by families of members serving in the Armed Forces during a 
period of war.
  The Service flag has significant meaning to our Nation and the 
families of the men and women who are serving. It's a symbol of the 
sacrifices and service of our members of the military who put their 
lives on the line every day to protect all of us, and that's why family 
members should be allowed to fly the flag in honor of those sacrifices, 
no matter where they live.
  This bipartisan, commonsense measure is based on the Freedom to 
Display the American Flag Act of 2005 that passed both Chambers 
overwhelmingly during the 109th Congress. The legislation prohibits 
residential real estate management associations from preventing 
residents from displaying the Service flag on or around their homes or 
places of dwelling. I introduced this measure to ensure that people 
have the right to display the Service flag without limitation.
  As a major in the Air Force Reserve and flying multiple missions in 
Iraq and Afghanistan, flying those wounded and fallen soldiers out of 
the country, it is significant that we allow the families to be 
represented and to be represented of the service of their loved one. I 
was honored when I learned that the Ohio State Legislature had 
displayed a Service flag for me while I was serving in Iraq and 
Afghanistan from 2004 through 2005. It was at the State capitol and on 
display.
  I would like to thank all the supporters of this legislation, as my 
office has received thousands of signatures from Ohioans and members of 
the military, as well as those families around the country who support 
this measure, as well as endorsements from the Air Force Sergeants 
Association, VoteVets.org, and over 50 of my colleagues have supported 
this legislation, which will aid in its passage.
  I would like to thank Chairman Frank, Ranking Member Spencer Bachus 
for their help on this important bill that honors the service of our 
military members and gives all people, no matter where they live, the 
right to honor them, too.
  As I've said before, as a military member myself, I'm proud to stand 
before you today having worked on those critical measures which can 
become law for our veterans, including improving access to health care 
in rural areas for veterans, ensuring the VA can adequately handle 
mental health issues for those returning vets from the front lines.
  You know, today we stand together in a bipartisan way. We intend to 
make the Blue Star/Gold Star Flag Act of 2009 a law for military 
families. While they stood up and fought for us, it's now time that we 
stand up and fight for their families to recognize their service.
  Ms. JENKINS. Madam Speaker, I yield as much time as he may consume to 
the gentleman from Minnesota (Mr. Paulsen), my friend and colleague.
  Mr. PAULSEN. Madam Speaker, I also rise today as a strong supporter 
of H.R. 2546, the Blue Star/Gold Star Flag Act. This is a 
straightforward bill that will ensure that those who want to honor the 
men and women of our Armed Forces can absolutely do so. Specifically, 
this bill protects the rights of an individual to display the Service 
flag on residential property without limitation.
  Service flags are official banners authorized by the United States 
Department of Defense for display by families of military members 
serving our country during periods of war. The blue star, as was 
mentioned earlier, represents that a family member is currently 
serving, and the gold star signifies that a family member has given 
their life in service to our Nation. Both of these flags are a constant 
reminder of the honor, of the duty, of the service and the sacrifice 
our members embody that provide that service each and every day.
  There should be no question, no question at all that America's 
military families can display a Service flag in front of their place of 
residence if they choose to do so. Unfortunately, current law does not 
allow that to take place. It doesn't guarantee that right to display 
that Service flag in certain housing condominium associations or in 
real estate management associations. So this bill merely addresses a 
commonsense problem in allowing the military families to proudly honor 
their loved ones.
  I just want to thank the gentleman from Ohio (Mr. Boccieri) for his 
leadership on this issue, his service himself. This is important 
legislation. It goes right to the heart of the servicemember families 
and what they believe in, and I urge support.
  Mr. MOORE of Kansas. Madam Speaker, we have no further speakers and 
we are prepared to close, so I will reserve the balance of my time.
  Ms. JENKINS. Madam Speaker, I yield as much time as he may consume to 
the gentleman from New York (Mr. Lee), my friend and colleague.
  Mr. LEE of New York. Madam Speaker, to follow on to what my 
colleagues' points have been, first and foremost, I do want to thank my 
good friend from Ohio (Mr. Boccieri) for his hard work with this 
important bill that ensures the Service flag can be displayed on 
residential properties, which is key, without limitation.
  Each day, millions of Americans proudly display the Service flag in 
recognition of conflicts overseas. However, due to some unreasonable 
and misguided policies instituted by some housing associations, the 
Service flag has been unable to fly free. The bill before us today will 
ensure that those who wish to proudly honor those serving in conflicts 
around the world will be able to do so.
  The Service flag is a meaningful symbol used by many to honor brave 
men and women currently serving in war zones, as well as those killed 
in action or who have died in service. There should be no restrictions 
on honoring these courageous souls, and the passage of this bill brings 
us one step closer to ensuring that this is the case.
  Ms. JENKINS. Madam Speaker, I have no further requests for time and 
yield back the balance of my time.
  Mr. MOORE of Kansas. Madam Speaker, H.R. 2546 is a commonsense, 
bipartisan bill that rightfully honors all of our servicemen and women 
fighting to protect us and the families that support them. I urge my 
colleagues to vote in favor of this bill.
  Mr. BACHUS. Madam Speaker, when it comes to supporting our troops, it 
is essential that we as Americans unite as one community.
  Our brave men and women in uniform need our support. And so do their 
families, who live daily with the knowledge that a loved one may be put 
in harm's way in the defense of freedom.
  Since World War I, the Blue Star and Gold Star banners have been a 
way for families--and the communities they live in--to show their 
consideration and respect for our troops in the field.
  My home State of Alabama has very active Blue Star and Gold Star 
programs. Glenn Nivens of Blue Star Salute in Alabama, Rachel 
Clinkscale of Gold Star Wives of America, and Marynell Winslow of 
Alabama Gold Star families represent, as leaders of their respective 
organizations, the many citizens of Alabama who are tireless in their 
support of our troops and their families.
  Whenever I see those powerful banners--and in fact, I've had the 
honor of being presented with a Blue Star banner which I proudly 
display in my office--I always reflect on what it takes to keep America 
free. This has been the case for generations of Americans.
  There should never be an impediment to displaying the Blue Star and 
Gold Star banners, whether it is in the window of a house, a business, 
or in the case of this legislation, a condominium unit. Some of my 
colleagues may remember that in 2005, we passed similar legislation 
also referred to the Financial Services Committee that protected the 
display of the U.S. flag.
  If anything, we should be promoting greater participation in the Blue 
Star and Gold Star programs as a way to show appreciation for our 
troops and our solidarity with their families.
  The Sixth Annual Blue Star Salute will be held at the American 
Village in Montevallo in my district on Memorial Day. It would be a 
great pleasure to report to them that the House of Representatives has 
voted strongly to support the freedom of our families to proudly 
display the Blue Star and Gold Star banners.
  Ms. RICHARDSON. Madam Speaker, I rise today as a proud cosponsor of 
H.R. 2546, the

[[Page 8596]]

Blue Star/Gold Star Flag Act of 2009, which will prohibit a condominium 
association, cooperative association, or real estate management 
association from preventing a resident from displaying a military 
service flag on his or her property or living space. This important 
measure will ensure that the families of our servicemen and 
servicewomen have the right to honor their brave loved ones for their 
service to this country.
  I would like to thank Chairman Frank for his leadership in bringing 
this bill to the floor. I would also like to thank the sponsor of this 
legislation, Congressman Boccieri. I am deeply grateful to Congressman 
Boccieri for his service to this nation and I thank him for helping to 
ensure that no American is deprived of the opportunity to honor a 
family member who is courageously defending our country.
  Madam Speaker, I am deeply saddened by accounts of individuals being 
required by condominium and apartment owners to remove the service 
flags flown in their windows or on their porches in honor of family 
members serving overseas. Every American deserves the right to honor a 
loved one serving in the military. Our Nation should never discourage 
expressions of support for its troops. Fortunately, this legislation 
will ensure that never again will a mother be told that she cannot 
honor her son or daughter, whose service fills her with pride and for 
whose wellbeing and safety she prays daily.
  Madam Speaker, California's 37th district is home to over 24,000 
veterans and hundreds of brave men and women currently enlisted in the 
Armed Forces, many of whom are fighting in the wars in Iraq and 
Afghanistan. I am forever grateful for their service and consistently 
work to ensure that they receive recognition for their courage and the 
support they need upon returning home. I stand in solidarity with their 
families in honoring their bravery and hoping that those who are 
currently deployed soon return home to be reunited with their loved 
ones.
  With Memorial Day just over a week away it is important that we take 
time to honor and express our gratitude for the fallen heroes who made 
the ultimate sacrifice on behalf of our country. We must also commit 
ourselves to standing by the families of our brave men and women in 
uniform. My district has a long history of supporting military 
families. Long Beach is home to the Gold Star Manor, which provides 
affordable and quality housing to mothers who have lost sons or 
daughters in the service of their country. We must continue supporting 
the family members of our men and women in uniform and always express 
our gratitude for our troops' willingness to risk their lives on behalf 
of our Nation.
  I urge my colleagues to join me in supporting H.R. 2546.
  Ms. FOXX. Madam Speaker, it is no coincidence that the greatest 
country in the history of civilization also happens to have the world's 
finest military. The strength and caliber of our military results from 
a variety of factors, not the least of which is the way in which our 
government provides for the veterans and their families who have 
sacrificed so much. Indeed, my love and passion for supporting 
America's veterans is second-to-none.
  Wednesday, May 19, the House passed H.R. 2546, the Blue Star/Gold 
Star Flag Act of 2009 by voice vote. This legislation would impose a 
federal prohibition against a homeowners' association policy preventing 
residents from displaying a Service flag on or around their homes. This 
proposal is a response to an incident in which a homeowners' 
association prevented an Ohio woman from displaying a Service flag 
honoring her son who served in Operation Desert Storm and again in 2003 
in Iraq. Although the homeowners' association ultimately made an 
exception in this circumstance, such policies are offensive to many 
Americans, such as myself, who hold such great affection for our 
country's cherished service members and veterans.
  In this respect, I can certainly appreciate the support for 
legislation such as H.R. 2546. However, I take exception with this 
matter coming before Congress, since this body has no Constitutional 
authority to impose such a mandate on the private sector. Indeed, 
matters such as this are best left to the discretion of local 
governments or civic associations.
  Allowing Congress to possess this type of authority could ultimately 
lead to more controversial proposals. Certainly there would be great 
objections raised if Congress sought to prohibit homeowners' 
association policies preventing the display of the Confederate flag or 
nativity scenes. On the other hand, one must wonder whether Congress 
could one day prohibit speech of the minority which our Founding 
Fathers so vehemently sought to protect.
  Our Constitution established a set of enumerated powers to prevent 
Congress from seizing illegitimate powers. Despite the best of 
intentions, the rule of law rightly supersedes congressional desires to 
respond to the passions of the moment. Doing otherwise would set a 
precedent, opening the flood gates to future policies considerably more 
problematic than the one before us today.
  The framers of the Constitution envisioned a nation composed of 
states empowered to govern according to the will of the people, with a 
Federal Government tasked with limited responsibilities and powers. As 
the 10th amendment states so clearly, ``the powers not delegated to the 
United States by the Constitution, nor prohibited by it to the States, 
are reserved to the States respectively, or to the people.'' Each time 
the Federal Government, even with the finest motivations, intrudes into 
the jurisdiction of the States and the people of America, the 
Constitution is further undermined and the erosion of liberty continues 
apace.
  Good intentions were never meant to stand in for constitutional 
governance. Congress must rein in its tendency to legislate solutions 
to even the smallest of ``problems'' that would be better left to local 
problem-solvers in either local government or private citizen 
associations. With each passing usurpation of the rights of State and 
local governments and with each imposition of a federal one-size-fits-
all ``solution,'' Congress dilutes the strength of federalism and 
pushes our nation closer to dependency upon a power-hungry central 
government.
  Mr. MOORE of Kansas. I yield back my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Kansas (Mr. Moore) that the House suspend the rules and 
pass the bill, H.R. 2546.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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