[House Report 106-176]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-176

======================================================================



 
       DISPLAYING THE FLAG ON THE MARTIN LUTHER KING, JR. HOLIDAY

_______________________________________________________________________


  June 9, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hyde, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                        [To accompany H.R. 576]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 576) to amend title 4, United States Code, to add 
the Martin Luther King, Jr. holiday to the list of days on 
which the flag should especially be displayed, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                           TABLE OF CONTENTS

                                                                  

                                                                 Page
Purpose and Summary........................................           2
Background and Need for the Legislation....................           2
Hearings...................................................           2
Committee Consideration....................................           3
Vote of the Committee......................................           3
Committee Oversight Findings...............................           3
Committee on Government Reform and Oversight Findings......           3
New Budget Authority and Tax Expenditures..................           3
Congressional Budget Office Cost Estimate..................           3
Constitutional Authority Statement.........................           4
Section-by-Section Analysis and Discussion.................           4
Changes in Existing Law Made by the Bill, as Reported......           4

                          Purpose and Summary

    H.R. 576 would amend 4 U.S.C. sec. 6(d) to add the Martin 
Luther King, Jr. holiday to the list of days on which the flag 
should be especially displayed. The text of the bill is simple 
and straightforward, ``Be it enacted by the Senate and House of 
Representatives of the United States of America in Congress 
assembled, That section 6(d) of title 4, United States Code, is 
amended by inserting `Martin Luther King, Jr.'s birthday, the 
third Monday in January;' after `January 20;'.''

                Background and Need for the Legislation

    Currently, Section 6(d) of title 4, United States Code 
states that the flag of the United States of America should

          be displayed on all days, especially on New Year's 
        Day, January 1; Inauguration Day, January 20; Lincoln's 
        Birthday, February 12; Washington's Birthday, third 
        Monday in February; Easter Sunday (variable); Mother's 
        Day, second Sunday in May; Armed Forces Day, third 
        Saturday in May; Memorial Day (half-staff until noon), 
        the last Monday in May; Flag Day, June 14; Independence 
        Day, July 4; Labor Day, first Monday in September; 
        Constitution Day, September 17; Columbus Day, second 
        Monday in October; Navy Day, October 27; Veterans Day, 
        November 11; Thanksgiving Day, fourth Thursday in 
        November; Christmas Day, December 25; and such other 
        days as may be proclaimed by the President of the 
        United States; the birthdays of States (date of 
        admission); and on State holidays.

    H.R. 576 would amend this section of the United States Code 
by inserting ``Martin Luther King, Jr.'s Birthday, third Monday 
in January;'' after ``January 20;''. All nine other permanent 
Federal holidays are listed in the Flag Code to remind 
Americans to show respect for the people and events that have 
shaped our nation, but the King holiday was not added to the 
list when Congress approved the holiday in 1983. When Congress 
passed the legislation creating the King holiday, it failed to 
include additional language to the bill that would have amended 
the Flag Code to include this new holiday on the list of days 
on which the flag should be especially displayed.
    H.R. 576 is simple, straightforward legislation that aims 
to correct the oversight that left the Dr. Martin Luther King, 
Jr., holiday off the U.S. Flag Code's list of days on which 
Americans are encouraged to display the American flag. By 
adding the King holiday to the Flag Code, H.R. 576 will 
encourage Americans to honor our nation's greatest civil rights 
leader in the same way that we honor those remembered by our 
other Federal holidays. Identical legislation passed the House 
in 1998 by unanimous consent. However, it passed on the last 
day on the 105th Congress and did not become law.

                                Hearings

    No hearings were held on H.R. 576.

                        Committee Consideration

    On May 19, 1999, the Committee met in open session and 
ordered reported favorably the bill H.R. 576, without amendment 
by voice vote, a quorum being present.

                         Vote of the Committee

    Final Passage. Mr. Hyde moved to report H.R. 576, without 
amendment, favorably to the whole House. The bill was reported 
favorably by voice vote.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of Rule XIII of the Rules 
of the House of Representatives, the Committee reports 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.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform were received as referred to in clause 
3(c)(4) of Rule XIII of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII 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. 576, 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 24, 1999.
Hon. Henry J. Hyde, 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. 576, a bill to 
amend title 4, United States Code, to add the Martin Luther 
King, Jr., holiday to the list of days on which the flag should 
especially be displayed.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne 
Mehlman, who can be reached at 226-2860.
            Sincerely,
                                  Dan L. Crippen, Director.
H.R. 576.--A bill to amend title 4, United States Code, to add the 
        Martin Luther King, Jr., holiday to the list of days on which 
        the flag should especially be displayed.
    H.R. 576 would amend Federal law to add Martin Luther King, 
Jr.'s birthday to the list of days on which the U.S. flag 
should be displayed. Because the flag is displayed daily by the 
administration of every public institution, CBO estimates that 
enacting H.R. 576 would have no effect on the Federal budget. 
Enacting H.R. 576 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. The bill 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would have no 
effect on the budgets of state, local, or tribal governments.
    The CBO staff contact for this estimate is Susanne S. 
Mehlman, who can be reached at 226-2860. This estimate was 
approved by Paul N. Van de Water, Assistant Director for Budget 
Analysis.

                   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 of the Constitution, 
which provides that the Congress has the authority to make all 
laws which are necessary and proper for carrying out its 
powers.

               Section-by-Section Analysis and Discussion

    H.R. 576 only has one section and it simply states, ``That 
section 6(d) of title 4, United States Code, is amended by 
inserting `Martin Luther King, Jr.'s birthday, the third Monday 
in January;' after `January 20;'.''
    The singular purpose of the bill is to update the Flag Code 
to include the Dr. Martin Luther King, Jr. Holiday on the list 
of days that Congress especially encourages that the United 
States flag be displayed. All other permanent Federal holidays 
are already included on this list and the King holiday should 
be too. The language of the bill codifies the intent of 
Congress to encourage all Americans to pay respect to the 
memory of Dr. King and all his achievements through the display 
of the American flag on the day we honor him.

         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 6 OF TITLE 4, UNITED STATES CODE

Sec. 6. Time and occasions for display

    (a)  * * *

           *       *       *       *       *       *       *

    (d) The flag should be displayed on all days, especially on 
New Year's Day, January 1; Inauguration Day, January 20; Martin 
Luther King, Jr.'s birthday, the third Monday in January; 
Lincoln's Birthday, February 12; Washington's Birthday, third 
Monday in February; Easter Sunday (variable); Mother's Day, 
second Sunday in May; Armed Forces Day, third Saturday in May; 
Memorial Day (half-staff until noon), the last Monday in May; 
Flag Day, June 14; Independence Day, July 4; Labor Day, first 
Monday in September; Constitution Day, September 17; Columbus 
Day, second Monday in October; Navy Day, October 27; Veterans 
Day, November 11; Thanksgiving Day, fourth Thursday in 
November; Christmas Day, December 25; and such other days as 
may be proclaimed by the President of the United States; the 
birthdays of States (date of admission); and on State holidays.

           *       *       *       *       *       *       *


                                   - 
