[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 42 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2005

   Mr. Bartlett of Maryland introduced the following bill; which was 
            referred to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
 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.
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