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
(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.
END
