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Flag Bill Signed by
President Bush
Here's the wording of the bill
as signed by President Bush H.R.42
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
(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.
2000 Terminal Tower, 50 Public
Square, Cleveland, OH 44113 |
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Phone: (216) 696-0650 Toll-free:
(888) 800-1042 Fax: (216) 771-8478 |
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