President signs bill freeing homeowners to fly U.S. flag
By The Associated Press
July 25, 2006
WASHINGTON — President Bush signed a bill yesterday that bars condominium and homeowner associations from restricting how the American flag can be displayed.
Sponsored by Rep. Roscoe Bartlett, R-Md., the measure prohibits those groups from preventing residents from displaying an American flag on their own property.
H.R. 42 was passed unanimously by both the House and the Senate.
"Americans have long flown our flag as an expression of their appreciation for our freedoms and their pride in our nation," Bush said in a statement. "As our brave men and women continue to fight to protect our country overseas, Congress has passed an important measure to protect our citizens right to express their patriotism here at home without burdensome restrictions."
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
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 96399 (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 96399 (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 96399 (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
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. H. R. 42--2
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
Speaker of the House of Representatives.
Vice President of the United States and President of the Senate.