Freedom to Display the American Flag Act of 2005

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.

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.

Mr. Speaker, I yield back the balance of our time.

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. 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. Speaker, I yield back the balance of my time.

I ask unanimous consent the committee on Banking, Housing and Urban Affairs be discharged from further consideration of H.R. 42, and the Senate proceed to its immediate consideration.

I ask unanimous consent the bill be read a third time and passed, the motion to reconsider be laid on the table, and any statements be printed in the Record.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks on this legislation, H.R. 42, and H.R. 5341 and to insert extraneous material thereon.