[Congressional Record Volume 153, Number 80 (Tuesday, May 15, 2007)]
[House]
[Pages H4976-H4978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




ARMY SPECIALIST JOSEPH P. MICKS FEDERAL FLAG CODE AMENDMENT ACT OF 2007

  Mr. STUPAK. Madam Speaker, I move to suspend the rules and pass 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 692

       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 ``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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Stupak) and the gentleman from Virginia (Mr. Forbes) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. STUPAK. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous materials in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. STUPAK. Madam Speaker, I yield myself such time as I may consume.
  As author of H.R. 692, the Army Specialist Joseph P. Micks Federal 
Flag Code Amendment Act of 2007, I urge my colleagues to support its 
passage.
  Madam Speaker, those who make the ultimate sacrifice for our country 
deserve our country's utmost respect. H.R. 692 will ensure that our 
fallen troops and their families are provided the appropriate respect 
due.
  The Army Specialist Joseph P. Micks Federal Flag Code Amendment Act 
of 2007 would require all Federal Government agencies in a State to 
comply with a Governor's proclamation to fly the national flag at half-
staff in honor of those who lose their lives serving our country.
  H.R. 692 is named after Joseph P. Micks, a soldier from Rapid River, 
Michigan, who was killed in Iraq last July at the age of 22. Specialist 
Micks was an all-American soldier and citizen. He was an altar server 
at church, an Eagle Scout from Troop 466 in Gladstone, Michigan, loved 
to collect sports memorabilia, and fixed the computers of his 
neighbors. He joined the Army to help others, to make a difference.
  His death was not only mourned by his family and friends, but also by 
the citizens of the rural communities which make up and comprise Delta 
County, Michigan. As his funeral procession progressed through several 
rural communities in the Upper Peninsula of Michigan, citizens were 
upset to note that some Federal agencies had not lowered their flags 
based on the Governor's proclamation in honor of Specialist Micks.
  There have been several other instances in my district, 
unfortunately, when a Federal agency has not lowered its flag in 
accordance with Governor Granholm's proclamation.
  When I have learned of Federal agencies, offices and buildings that 
have not lowered their American flags, I have contacted the agencies. I 
have been told that the directive to lower the flag has not come from 
the district office or the regional office or from Washington 
headquarters. It is regrettable that this legislation is even 
necessary. Last year I wrote the President asking him to issue an 
executive order to have the flags lowered. He has not responded. 
However, as there have been not one but multiple instances where 
Federal agencies have ignored the Governor's request to lower flags, it 
is important that Congress address this issue.

[[Page H4977]]

  In a recent example, when Navy SEAL Joe Schwedler was killed recently 
in Iraq, it was the Veterans Affairs hospital that refused to lower its 
flag. Veterans presented officials with the article from the local 
newspaper, the Daily News from Iron Mountain. It says: ``Flags Lowered 
for Crystal Falls Hero,'' and still the Veterans Administration refused 
to lower the flag.
  I include this article for the Record.

                 [From the Daily News, April 12, 2007]

                  Flags Lowered for Crystal Falls Hero

                          Half-staff on Friday

       Lansing.--Gov. Jennifer M. Granholm has ordered United 
     States flags throughout Michigan and on Michigan waters 
     lowered for one day on Friday, April 13, in honor of Navy 
     Petty Officer 2nd Class Joseph C. Schwedler of Crystal Falls 
     who died April 6 while on active duty in Iraq.
       Flags should return to full staff on Saturday, April 14.
       Schwedler, 27, died from enemy action while conducting 
     combat operations in Al Anbar province, Iraq. He was assigned 
     to the East Coast Navy SEAL Team.
       When flown at half-staff or half-mast, the United States 
     flag should be hoisted first to the peak for an instant and 
     then lowered to the half-staff or half-mast position. The 
     flag should again be raised to the peak before it is lowered 
     for the day.
       A military funeral will be conducted at 1 p.m. Saturday, 
     April 14, at the Forest Park High School gymnasium in Crystal 
     Falls.
       A scholarship fund will be established with the Crystal 
     Falls Area Community Fund, Post Office Box 269, Crystal 
     Falls, Michigan 49920.
       The Jacobs-Plowe Funeral Home, Crystal Falls is in charge 
     of arrangements.

  The inconsistent patchwork display of respect is particularly hurtful 
to rural communities where the funeral processions of fallen troops 
often travel by several Federal facilities, some with flags lowered, 
others without.
  Rural Americans disproportionately fill the ranks of our armed 
services and have disproportionately paid the ultimate sacrifice. 
Almost half of U.S. military casualties have hailed from towns fewer 
than 25,000 people; one in five from towns smaller than 5,000 people. 
It is important that when one of our own perishes serving our Nation 
they receive the proper respect.
  I am joined today in support of this legislation by the Military 
Order of the Purple Heart and Society of Military Widows. In endorsing 
the legislation, the Society of Military Widows stated: ``We strongly 
feel that Federal agencies within the State should comply with this 
order to honor fallen native sons and daughters. As military widows, we 
can especially appreciate this visible show of respect.''
  I would like to thank my colleagues who have cosponsored this 
legislation and those who have helped champion its passage, including 
Chairman Conyers, Chairman Nadler, Ranking Member Franks, as well as 
Congressman Pastor, Congressman Visclosky, and Congressman Lamborn.
  Madam Speaker, I reserve the balance of my time.
  Mr. FORBES. Madam Speaker, I yield myself such time as I may consume.
  H.R. 692 authorizes State Governors to fly the American flag at half-
staff upon the death of a member of the Armed Forces who dies while 
serving on active duty.
  We all honor the service of the brave men and women who defend our 
Nation. When they make the ultimate sacrifice, Governors of the State 
should be allowed to recognize and pay tribute to them by lowering the 
flag.
  I am also pleased the majority included a Republican proposal to add 
a simple congressional finding to this legislation that states the 
following: ``Congress finds that members of the Armed Forces of the 
United States defend the freedom and security of our Nation.'' It is 
fitting to include this finding to recognize not just the loss of a 
member of our Armed Forces, but also to honor the reasons they serve.
  Madam Speaker, members of our Armed Forces deserve our deepest 
respect. They put their lives between us and hostile enemies around the 
world; they sacrifice stability with their own families so ours may 
sleep easier. They persevere in the most extreme conditions so we can 
lead ordinary lives.
  The flag code is designed to honor public service. When we lower the 
flag to half-staff, we remind ourselves that the United States is not 
merely preserved by lofty ideals, but by the service and sacrifice of a 
great many men and women.
  I support this legislation and encourage all of my colleagues to do 
so as well.
  Madam Speaker, I reserve the balance of my time.
  Mr. STUPAK. Madam Speaker, I yield such time as he may consume to the 
gentleman from Michigan (Mr. Conyers).
  Mr. CONYERS. Madam Speaker, I thank my colleague from Michigan, Bart 
Stupak, for all that he has done with our committee, and with the 
Republicans on the subcommittee on the Judiciary Committee who worked 
so well on this.
  I rise of course in support of H.R. 692 to honor fallen men and women 
who gave their lives to our Nation while on duty in the armed services.
  As a veteran myself, I can appreciate this bill as much as anyone in 
the House. This 22-year-old soldier for whom the bill was named came 
from Bart Stupak's district, and gave his life on July 8, 2006. He was 
killed by an improvised explosive device that detonated near his 
vehicle during combat operations in Iraq.
  This measure before us simply amends current law to add heroes like 
Specialist Micks to the list of persons in whose honor the flag may be 
flown at half-staff. It specifies that a Governor's proclamation 
ordering the flag to be flown at half-staff, consistent with this 
measure, would apply to all Federal installations and facilities in the 
State.
  Over the last 4 years, at least 10 soldiers from Mr. Stupak's 
district have given their lives in Iraq and Afghanistan, and yet the 
national flags on some Federal buildings were not lowered in their 
honor, to the dismay of the family members and friends of these brave 
soldiers.
  So the measure ensures that our Nation's fallen military heroes who 
made the ultimate sacrifice in the service of our Nation are 
appropriately honored and acknowledged.
  Mr. FORBES. Madam Speaker, I reserve the balance of my time.
  Mr. STUPAK. Madam Speaker, I have no further speakers, so I would 
like to close.
  I close by saying there is no more powerful way to honor the death of 
an American than flying our Nation's flag at half-staff. Recognizing 
this, Governors across this great country have issued proclamations to 
honor servicemembers from their States who have died in Iraq and 
Afghanistan.
  This quiet sign of respect is a powerful message to the family that a 
grateful Nation and a grateful community mourns and honors the 
sacrifice made by their fallen hero. It is also representative of the 
shared loss felt by our communities who mourn a family member, a 
friend, a neighbor and a colleague.
  The Army Specialist Joseph P. Micks Flag Code Amendment Act will 
ensure that each of our fallen heroes receives the ultimate honor due 
to Joe and his family; his wife, Romona; and parents, Ken and Amy 
Micks. To them we owe a great debt of gratitude. I hope this 
legislation passes the House today and moves to the Senate, and we can 
get it completed by Flag Day on June 14.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise in support of H.R. 
692, which authorizes Governors of the several States to order the 
National Flag to be flown at half-staff in the event of the death of a 
member of the Armed Forces. Section 2(a) would add ``or the death of a 
member of the Armed Forces from any State, territory, or possession who 
dies while serving on active duty'' to the list of persons under 4 
D.S.C. Sec. 7(m) for whom the Flag should be flown at half-staff for a 
period of ten days from the date of death.
  Under section 2(b), the bill authorizes the Governor of a State, 
territory, or possession to issue a proclamation under section 7(m), as 
amended by the Act, ordering the Flag to be flown at half-staff in 
honor of a member of Armed Forces who dies while on active duty.
  Madam Speaker, it is a privilege for me to support a bill that honors 
the service of our fallen members of the Armed Forces who die while 
serving on active duty. These brave men and women have given great 
contributions and have made incredible personal sacrifices so that all 
of us in this country might live in a safe and secure Nation and world. 
In my State of Texas, 287 service members have already given the last 
full measure of devotion in Operation Iraqi Freedom. I think everyone 
of these fallen heroes deserve recognition for their supreme sacrifice.
  Flying the Federal Flag at half staff to honor the service of fallen 
members of the Armed Forces is only a small step towards repaying

[[Page H4978]]

the insurmountable debt that all of us owe to all veterans. For, what 
is the price of freedom?
  As President Kennedy once said, ``The price of freedom is high, but 
Americans have always paid it.'' And no one has paid a higher price 
than the brave men and women through the years who gave the last full 
measure of devotion to their country. Whether it is the ultimate 
sacrifice of life or the loss of limb or the loss of time with family 
and friends, we owe our veterans and in this case, those who have died 
during their service, an enormous outstanding debt of gratitude.
  From Bunker Hill to Yorktown, from Washington, DC to the Battle of 
New Orleans, from Bull Run to Gettysburg and Antietam to Appomattox, 
brave Americans gave their lives so that the Nation might live. And 
from Alsace Lorain to Verdun, and Normandy to Berlin and Pearl Harbor 
to Okinawa, from Inchon and Correigidor to Vietnam, Lebanon, Grenada, 
Kuwait, Afghanistan, and Iraq, Americans have nobly sacrificed their 
lives so that the world may live in freedom.
  The debt of gratitude we owe to all of the soldiers, sailors, 
marines, and airmen who answered their Nation's call and made the 
supreme sacrifice can never be repaid. But we can give these fallen 
service men and women the recognition and honor they deserve by flying 
the National Flag at half-staff.
  Madam Speaker, I ask all of my colleagues to join me in honoring our 
fallen heroes by supporting H.R. 692.
  Mr. STUPAK. Madam Speaker, I yield back the balance of my time.
  Mr. FORBES. Madam Speaker, once again I urge passage of the bill, and 
I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Stupak) that the House suspend the rules 
and pass the bill, H.R. 692, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. STUPAK. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

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