[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.
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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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