I 

108TH CONGRESS 

2D SESSION H. R. 5301 

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 

OCTOBER 8, 2004 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom to Display 

5 the American Flag Act of 2004’’. 

6 SEC. 2. DEFINITIONS. 

7 For purposes of this Act— 

8 (1) the term ‘‘flag of the United States’’ has 

9 the meaning given the term ‘‘flag, standard, colors, 
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1 or ensign’’ under section 3 of title 4, United States 

2 Code; 

3 (2) the terms ‘‘condominium association’’ and 

4 ‘‘cooperative association’’ have the meanings given 

5 such terms under section 604 of Public Law 96–399 

6 (15 U.S.C. 3603); 

7 (3) the term ‘‘residential real estate manage8 ment association’’ has the meaning given such term 

9 under section 528 of the Internal Revenue Code of 

10 1986 (26 U.S.C. 528); and 

11 (4) the term ‘‘member’’— 

12 (A) as used with respect to a condominium 

13 association, means an owner of a condominium 

14 unit (as defined under section 604 of Public 

15 Law 96–399 (15 U.S.C. 3603)) within such as16 sociation; 

17 (B) as used with respect to a cooperative 

18 association, means a cooperative unit owner (as 

19 defined under section 604 of Public Law 96– 

20 399 (15 U.S.C. 3603)) within such association; 

21 and 

22 (C) as used with respect to a residential 

23 real estate management association, means an 

24 owner of a residential property within a subdivi25 sion, development, or similar area subject to 
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1 any policy or restriction adopted by such asso2 ciation. 

3 SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED 

4 STATES. 

5 A condominium association, cooperative association, 

6 or residential real estate management association may not 

7 adopt or enforce any policy, or enter into any agreement, 

8 that would restrict or prevent a member of the association 

9 from displaying the flag of the United States on residen10 tial property within the association with respect to which 

11 such member has a separate ownership interest or a right 

12 to exclusive possession or use. 

13 SEC. 4. LIMITATIONS. 

14 Nothing in this Act shall be considered to permit any 

15 display or use that is inconsistent with— 

16 (1) any provision of chapter 1 of title 4, United 

17 States Code, or any rule or custom pertaining to the 

18 proper display or use of the flag of the United 

19 States (as established pursuant to such chapter or 

20 any otherwise applicable provision of law); or 

21 (2) any reasonable restriction pertaining to the 

22 time, place, or manner of displaying the flag of the 

23 United States necessary to protect a substantial in24 terest of the condominium association, cooperative 
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1 association, or residential real estate management 

2 association. 

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