[House Report 107-305]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-305

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



 
                   COMMUNITY RECOGNITION ACT OF 2001

                                _______
                                

 November 29, 2001.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 1022]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1022) to amend title 4, United States Code, to make 
sure the rules of etiquette for flying the flag of the United 
States do not preclude the flying of flags at half mast when 
ordered by city and local officials, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Vote of the Committee............................................     2
Committee Oversight Findings.....................................     2
Performance Goals and Objectives.................................     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
Markup Transcript................................................     5

    The technical amendment (stated in terms of the page and 
line numbers of the introduced bill) is as follows:

    Page 2, line 3, insert ``other'' before ``locality''.

                          Purpose and Summary

    The purpose of H.R. 1022 is to make sure the rules of 
etiquette for flying the flag of the United States do not 
preclude the flying of flags at half mast when ordered by city 
and local officials. The legislation would authorize the chief 
elected leader of a city or other locality, in the event of the 
death of a present or former official of that particular 
locality, to proclaim that the national flag be flown at half 
staff.

                Background and Need for the Legislation

    Currently, 4 U.S.C. Sec. 7(m) grants authority to the 
President of the United States or the Governor of any State, 
territory, or possession to order that the national flag be 
flown at half staff in recognition of the death of a current or 
former official of the government under which they preside. 
Local officials may order the national flag flown at half mast 
only with the direct permission of the President or their 
Governor. Such permission is not always timely, which results 
in the missed opportunity to properly honor the decended.
    H.R. 1022 would permit the chief elected official of local 
government entities, such as cities, towns, counties, or other 
similar and like traditional political subdivisions, to honor 
those leaders or public servants who either died in the line of 
duty or passed away following a distinguished career in public 
service by ordering the national flag flown at half staff.
    While the code does not expressly outlaw the common 
practice of lowering the flag in honor of local heroes it does 
not expressly permit such activity. This obscure wording has 
upset local officials across the country who believe that 
communities should have the right to honor their fellow 
citizens without having to receive the express and time 
consuming permission of either the President or their Governor.

                                Hearings

    No hearings were held on H.R. 1022.

                        Committee Consideration

    On November 15, 2001, the Committee met in open session and 
ordered favorably reported the bill H.R. 1022 without amendment 
by voice vote, a quorum being present.

                         Vote of the Committee

    No recorded votes were held on H.R. 1022.

                      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.

                    Performance Goals and Objectives

    H.R. 1022 does not authorize funding. Therefore, clause 
3(c) of rule XIII of the Rules of the House of Representatives 
is inapplicable.

               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. 1022, 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, November 19, 2001.
Hon. F. James Sensenbrenner, 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. 1022, the 
Community Recognition Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lanette J. 
Walker, who can be reached at 226-2860.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 1022--Community Recognition Act of 2001.
    H.R. 1022 would authorize certain State and local officials 
to order that the national flag be flown at half staff in the 
event of the death of a present or former official of that 
State or locality. Under current law, only a State's governor 
or the President may make such proclamations. CBO estimates 
that implementing H.R. 1022 would not result in any significant 
cost to the Federal Government. Because enactment of H.R. 1022 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply to the bill. H.R. 1022 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would not affect the budgets 
of State, local, or tribal governments.
    The CBO staff contact for this estimate is Lanette J. 
Walker, who can be reached at 226-2860. This estimate was 
approved by Peter H. Fontaine, Deputy 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, clause 18 of the 
Constitution.

               Section-by-Section Analysis and Discussion

Section 1. Short Title.
    This act may be cited as the ``Community Recognition Act of 
2001.''
Section 2. Flag code amendment.
    Section 2 provides that Section 7(m) of title 4, United 
States Code, is amended by inserting after the sentence 
beginning ``In the event of the death of a present or former 
official of the government of any State'' the following: ``In 
the event of the death of a present or former official of any 
city or other locality, the chief elected official of that 
locality may proclaim that the National flag shall be flown at 
half staff.''.

         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, the Governor of that State, 
territory, or possession may proclaim that the National flag 
shall be flown at half-staff. In the event of the death of a 
present or former official of any city or other locality, the 
chief elected official of that locality may proclaim that the 
National flag shall be flown at half staff. 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) * * *

           *       *       *       *       *       *       *


                           Markup Transcript



                            BUSINESS MEETING

                      THURSDAY, NOVEMBER 15, 2001

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:10 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. (Chairman of the Committee) presiding.
    Chairman Sensenbrenner. The Committee will be in order.
    Before we consider the business on today's calendar, I 
would like to dispose of one housekeeping matter, and that is 
filling the two Republican vacancies on the Subcommittee on 
Courts, the Internet, and Intellectual Property.
    Without objection, the gentleman from California, Mr. Issa, 
and the gentlewoman from Pennsylvania, Ms. Hart, are appointed 
to serve on this Subcommittee.
    Hearing no objection, so ordered.
    The first bill on the agenda today will be H.R. 1022. And 
pursuant to notice, I call this bill up for purpose of mark up 
and move its favorable recommendation to the House. Without 
objection, the bill will be considered as read and open for 
amendment at any point.
    [The bill, H.R. 1022, follows:]
      
      

  


      
      

  


    Chairman Sensenbrenner. And I yield myself 5 minutes.
    On June 28th, 2001, the Corrections Day Advisory Group met 
and recommended that H.R. 1022 be placed upon the corrections 
calendar. Unfortunately, as of late, we have had increased 
occasion to visit the rules and etiquette in place of honoring 
of public servants.
    Although at the time which Mr. Doolittle of California 
introduced H.R. 1022 the calamity of September 11th was far 
off, the content of this legislation rings more loudly after 
the events of that day and affords Congress the opportunity to 
visit the laws involving the recognition of those who provide 
public service.
    Currently under the Flag Code, the authority is only 
granted to the President or the Governor of any State, 
territory, or possession to order that the national flag be 
flown at half-staff in recognition of the death of a current or 
former official of the government, including public safety 
officers.
    Under existing law, in the event of a death of a local 
official who has chosen to be honored by having the National 
flag lowered, direct permission must be sought by local 
officials from either the President or their Governor. The 
result of the current practice is a chain of communication 
which is not always timely and can result in the missed 
opportunity to honor some of these deceased public servants.
    By passing H.R. 1022 out of Committee today, we can solve 
this problem by granting authority directly to the locally 
elected leaders to call for and approve such recognition. 
Immediate authorization would be granted at the local level, 
ensuring that no local hero passes without community support 
and the recognition which he or she deserves.
    I urge the Committee to support this bill. I yield back the 
balance of my time and recognize the gentleman from Michigan.
    Mr. Conyers. Thank you, Mr. Chairman.
    We on this side have no objection to and, indeed, support 
this measure.
    Chairman Sensenbrenner. Are there any amendments?
    Hearing no amendments, the Chair notes the absence of a 
reporting quorum. Without objection, the previous question is 
ordered on the motion to report the bill favorably. And this 
vote will be taken when we have--see a reporting quorum 
present.
    [Intervening business.]
    A reporting quorum being present, the unfinished business 
is the motion to report favorably the bill H.R. 1022.
    Those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it. The motion to 
report favorably is adopted.
    Without objection, the Chairman is authorized to move to go 
to conference pursuant to House rules. Without objection, the 
staff is directed to make any technical and conforming changes. 
And all Members will be given 2 days as provided by the rules 
in which to submit additional dissenting, supplemental, or 
minority views.
    [The statement of Ms. Jackson Lee follows:]
       Prepared Statement of the Honorable Sheila Jackson Lee, a 
           Representative in Congress From the State of Texas
    Thank you Mr. Chairman.
    I support HR 1022, which simply authorizes the chief elected 
official of a locality, in the event of the death of a present or 
former official of that locality, to proclaim that the national flag 
shall be flown at half staff. This bill amends Title 4, United States 
Code, ensuring that the important rules of etiquette for flying the 
flag of the United States do not preclude the flying of flags at half 
mast when ordered by city and local officials.
    The section currently gives such explicit authority only to the 
President or, for certain purposes, the Governor of the state. This 
language is unnecessary and technically confusing because the 
subsection also reads in part that the flag may be flown at half staff 
``in accordance with recognized customs or practices not inconsistent 
with law.''
    The U.S. Supreme Court has, on two occasions, held that display of 
the flag, or the burning of the flag, are forms of expression protected 
by the First Amendment to the Constitution. As such, laws that mandate 
appropriate flag etiquette are unenforceable. This bill simply 
clarifies that there should be no such interference in such instances.
    I urge my colleagues to support it.

    [Intervening business.]
    The Chair thanks the Members for their indulgence and 
support. This concludes the business on the notice, and the 
Committee is adjourned.
    [Whereupon, at 11:06 a.m., the Committee was adjourned.]

                                  
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