[House Report 110-139]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-139
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ARMY SPECIALIST JOSEPH P. MICKS FEDERAL FLAG CODE AMENDMENT ACT OF 2007
_______
May 9, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 692]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 692) to amend title 4, United States Code, to authorize
the Governor of a State, territory, or possession of the United
States to order that the National flag be flown at half-staff
in that State, territory, or possession in the event of the
death of a member of the Armed Forces from that State,
territory, or possession who dies while serving on active duty,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 5
Constitutional Authority Statement............................... 5
Advisory on Earmarks............................................. 5
Section-by-Section Analysis and Discussion....................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Army Specialist Joseph P. Micks
Federal Flag Code Amendment Act of 2007''.
SEC. 2. FINDING.
Congress finds that members of the Armed Forces of the United States
defend the freedom and security of the United States.
SEC. 3. PROCEDURE FOR NATIONAL FLAG TO BE FLOWN AT HALF-STAFF IN THE
EVENT OF THE DEATH OF A MEMBER OF THE ARMED FORCES.
(a) Issuance of Proclamation.--Subsection (m) of section 7 of title
4, United States Code, is amended in the sixth sentence--
(1) by inserting ``or the death of a member of the Armed
Forces from any State, territory, or possession who dies while
serving on active duty'' after ``present or former official of
the government of any State, territory, or possession of the
United States''; and
(2) by inserting before the period the following: ``, and the
same authority is provided to the Mayor of the District of
Columbia with respect to present or former officials of the
District of Columbia and members of the Armed Forces from the
District of Columbia''.
(b) Federal Facility Consistency With Proclamation.--Such subsection
is further amended by inserting after the sixth sentence the following
new sentence: ``When the Governor of a State, territory, or possession,
or the Mayor of the District of Columbia, issues a proclamation under
the preceding sentence that the National flag be flown at half-staff in
that State, territory, or possession or in the District of Columbia
because of the death of a member of the Armed Forces, the National flag
flown at any Federal installation or facility in the area covered by
that proclamation shall be flown at half-staff consistent with that
proclamation.''.
Purpose and Summary
Members of the Armed Forces of the United States defend the
freedom and security of our Nation. Current law, which sets
forth the circumstances under which our Nation's flag may be
flown at half-staff, including for whom may this honor be
bestowed, however, does not include a member of the Armed
Forces killed while serving on active duty.\1\ H.R. 692
corrects this omission by authorizing the Governor of a State,
territory, or possession as well as the Mayor of the District
of Columbia to proclaim that the National flag be flown at
half-staff in honor of a member of the Armed Forces of the
United States who dies while serving on active duty. The
proclamation would be binding on National flags flown at
Federal facilities and installations in such State, territory,
or possession, including the District of Columbia.
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\1\ 4 U.S.C.A. Sec. 7(m) (2006).
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Background and Need for the Legislation
Representative Bart Stupak (D-MI) introduced H.R. 692, the
``Army Specialist Joseph P. Micks Federal Flag Code Amendment
Act of 2007,'' on January 24, 2007. The bill is named for a 22-
year old soldier from Representative Stupak's district who was
killed on July 8, 2006 by an improvised explosive device
detonated near his vehicle during combat operations in Ar
Ramadi, Iraq.\2\ Army Specialist Micks had been assigned to the
54th Engineer Battalion, 130th Engineer Brigade, Warner
Barracks, Bamberg, Germany.\3\
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\2\ Letter from Rep. Bart Stupak to Pres. George W. Bush (July 21,
2006) (on file with the Subcommittee on the Constitution, Civil Rights
and Civil Liberties); Press Release, Office of the Governor of the
State of Michigan, Flags to be Flown Half-Staff Wednesday for
Serviceman Killed in Iraq (July 17, 2006).
\3\ Press Release, Office of the Governor of the State of Michigan,
Flags to be Flown Half-Staff Wednesday for Serviceman Killed in Iraq
(July 17, 2006).
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Section 7(m) of title 4 of the United States Code specifies
the criteria for which the National flag may be flown at half-
staff.\4\ For example, it directs how the flag should hoisted,
details the National holidays when the flag should be displayed
at half-staff, and specifies who may direct that the flag be
flown at half-staff and for whom.\5\ In addition, the President
may order the National flag to be flown at half-staff
``whenever he deems it to be appropriate or desirable.'' \6\
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\4\ Section 7(m) defines ``half-staff'' to mean ``the position of
the flag when it is one-half the distance between the top and bottom of
the staff.'' 4 U.S.C.A. Sec. 7(m) (2006).
\5\ Id.
\6\ 4 U.S.C.A. Sec. 10 (2006).
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Notwithstanding this authority, Representative Stupak has
been unable to persuade the President to issue a proclamation
ordering that flags at Federal buildings in his State be flown
at half-staff in honor of Michigan's fallen soldiers.\7\ Over
the past 4 years, at least ten soldiers from Representative
Stupak's district have died in Iraq and Afghanistan, yet the
National flags on some Federal buildings were not lowered in
their honor, to the dismay of family members and friends of
these brave soldiers.\8\ H.R. 692 would provide an additional
effective avenue for ensuring that our Nation's fallen military
heros are honored and acknowledged.
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\7\ Letter to Pres. George W. Bush from Rep. Bart Stupak 1 (July
21, 2006) (on file with the Subcommittee on the Constitution, Civil
Rights and Civil Liberties).
\8\ Jeff Kart, Bill Proposes Flag Lowering for Soldiers to Extend
to Federal Buildings, Bay City Times, Nov. 27, 2006, at 3A.
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Hearings
The Committee on the Judiciary held no hearings on H.R.
692.
Committee Consideration
On April 25, 2007, the Committee met in open session and
ordered the bill, H.R. 692, favorably reported with an
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 692.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 692, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 1, 2007.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 692, the Army
Specialist Joseph P. Micks Federal Flag Code Amendments Act of
2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford, who can be reached at 226-2860.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 692--Army Specialist Joseph P. Micks Federal Flag Code Amendment
Act of 2007
H.R. 692 would amend Federal law to allow the governor of a
state, territory, or possession to fly the U.S. flag at half-
staff following the death of a member of the active-duty armed
forces. The legislation also would allow the mayor of the
District of Columbia to fly the U.S. flag at half-staff
following the death of former officials as well as members of
the active-duty armed forces. In addition, when a governor or
the mayor of the District of Columbia has issued a proclamation
to display flags at half-staff, the legislation would require
that flags at all Federal facilities in the locality also be
flown at half-staff.
Because the U.S. flag is displayed daily at Federal
facilities, CBO estimates that implementing H.R. 692 would have
no significant cost. Enacting the bill would not affect direct
spending or revenues.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no cost on state, local, or tribal governments.
The CBO staff contact for this estimate is Matthew
Pickford, who can be reached at 226-2860. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives,
H.R.692, as amended, ensures that our Nation's fallen military
heros are properly honored in their home states by authorizing
the Governor of a State, territory or possession, or the Mayor
of the District of Columbia, to proclaim that the National flag
be flown at half-staff for a member of the Armed Forces who
dies while serving on active duty.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clause 17 of the
Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 692 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis and Discussion
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short title. Section 1 sets forth the short title
of the bill as the ``Army Specialist Joseph P. Micks Federal
Flag Code Amendment Act of 2007.''
Sec. 2. Finding. Section 2 states that Congress finds that
members of the Armed Forces of the United States defend the
freedom and security of the United States.
Sec. 3. Procedure for National Flag to be flown at half-
staff in the event of the death of a member of the Armed
Forces. Section 3(a) amends section 7(m) of title 4 of the
United States Code to authorize the Governor of a State,
territory, or possession, as well as the Mayor of the District
of Columbia, to proclaim that the National flag be flown at
half-staff in honor of a member of the Armed Forces of the
United States who dies while serving on active duty. Section
3(b) provides that the proclamation would be binding on
National flags flown at Federal facilities and installations in
the State, territory, or possession involved, including the
District of Columbia.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
SECTION 7 OF TITLE 4, UNITED STATES CODE
Sec. 7. Position and manner of display
The flag, when carried in a procession with another flag or
flags, should be either on the marching right; that is, the
flag's own right, or, if there is a line of other flags, in
front of the center of that line.
(a) * * *
* * * * * * *
(m) The flag, when flown at half-staff, should be first
hoisted to the peak for an instant and then lowered to the
half-staff position. The flag should be again raised to the
peak before it is lowered for the day. On Memorial Day the flag
should be displayed at half-staff until noon only, then raised
to the top of the staff. By order of the President, the flag
shall be flown at half-staff upon the death of principal
figures of the United States Government and the Governor of a
State, territory, or possession, as a mark of respect to their
memory. In the event of the death of other officials or foreign
dignitaries, the flag is to be displayed at half-staff
according to Presidential instructions or orders, or in
accordance with recognized customs or practices not
inconsistent with law. In the event of the death of a present
or former official of the government of any State, territory,
or possession of the United States or the death of a member of
the Armed Forces from any State, territory, or possession who
dies while serving on active duty, the Governor of that State,
territory, or possession may proclaim that the National flag
shall be flown at half-staff, and the same authority is
provided to the Mayor of the District of Columbia with respect
to present or former officials of the District of Columbia and
members of the Armed Forces from the District of Columbia. When
the Governor of a State, territory, or possession, or the Mayor
of the District of Columbia, issues a proclamation under the
preceding sentence that the National flag be flown at half-
staff in that State, territory, or possession or in the
District of Columbia because of the death of a member of the
Armed Forces, the National flag flown at any Federal
installation or facility in the area covered by that
proclamation shall be flown at half-staff consistent with that
proclamation. The flag shall be flown at half-staff 30 days
from the death of the President or a former President; 10 days
from the day of death of the Vice President, the Chief Justice
or a retired Chief Justice of the United States, or the Speaker
of the House of Representatives; from the day of death until
interment of an Associate Justice of the Supreme Court, a
Secretary of an executive or military department, a former Vice
President, or the Governor of a State, territory, or
possession; and on the day of death and the following day for a
Member of Congress. The flag shall be flown at half-staff on
Peace Officers Memorial Day, unless that day is also Armed
Forces Day. As used in this subsection--
(1) * * *
* * * * * * *