IIB 
109TH CONGRESS 
2D SESSION 
H. R. 42 
IN THE SENATE OF THE UNITED STATES 
JUNE 28, 2006 
Received; read twice and referred to the Committee on Banking, Housing, and 
Urban Affairs 
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 Representa-
tives of the United States of America in Congress assembled, 
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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 manage-
ment 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 as-
sociation; 
(B) as used with respect to a cooperative 
association, means a cooperative unit owner (as 
defined under section 604 of Public Law 96– 
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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 subdivi-
sion, development, or similar area subject to 
any policy or restriction adopted by such asso-
ciation. 
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 residen-
tial 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 
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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 in-
terest of the condominium association, cooperative 
association, or residential real estate management 
association. 
Passed the House of Representatives June 27, 2006. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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