Notes on 4 U.S.C. § 5 : US Code - Notes

Search Notes on 4 U.S.C. § 5 : US Code - Notes

(Added Pub. L. 105-225, Sec. 2(a), Aug. 12, 1998, 112 Stat. 1494.)
HISTORICAL AND REVISION NOTES                   
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Revised       Source (U.S. Code)       Source (Statutes at Large) 
Section                                                           
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5              36:173.                 June 22, 1942, ch. 435, Sec. 
1, 56 Stat. 377; Dec. 22,   
1942, ch. 806, Sec. 1, 56   
Stat. 1074; July 7, 1976,   
Pub. L. 94-344, (1), 90     
Stat. 810.                  
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REFERENCES IN TEXT                        
Executive Order 10834, referred to in text, is set out as a note
under section 1 of this title.
FREEDOM TO DISPLAY THE AMERICAN FLAG               
Pub. L. 109-243, July 24, 2006, 120 Stat. 572, provided that:
"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."