Blue Star/Gold Star Flag Act of 2010

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.

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 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.

Madam Speaker, I rise today as a proud cosponsor of H.R. 2546, the 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.

Madam Speaker, I rise today as a proud cosponsor of H.R. 2546, the 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.

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.

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.

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.

Madam Speaker, I yield 5 minutes to the gentleman from Ohio (Mr. Boccieri), the chief sponsor of this important legislation.

Madam Speaker, we have no further speakers and we are prepared to close, so I will reserve the balance of my time.

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.

I yield back my time.