Freedom to Display the American Flag Act

H.R.42

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,

Sec. 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.