[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 42 Enrolled Bill (ENR)]


        H.R.42

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 An Act


 
  To ensure that the right of an individual to display the flag of the 
         United States on residential property not be abridged.

    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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.