[House Report 108-250]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-250

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

 
              KOREAN WAR VETERANS RECOGNITION ACT OF 2003

                                _______
                                

 September 3, 2003.--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. 292]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 292) to amend title 4, United States Code, to add 
National Korean War Veterans Armistice Day 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.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Vote of the Committee............................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     4
Constitutional Authority Statement...............................     4
Section-by-Section Analysis and Discussion.......................     4
Changes in Existing Law Made by the Bill, as Reported............     5
Markup Transcript................................................     5

                          Purpose and Summary

    Introduced by Representative Sue Kelly, H.R. 292 would 
amend title 4 of the U.S. Code to include July 27, National 
Korean War Veterans Armistice Day, in the list of days on which 
the American flag should especially be displayed.

                Background and Need for the Legislation

    Currently, title 4 of the U.S. Code provides that the flag 
of the United States of America should be displayed on all 
days, but specifically mentions ten permanent Federal holidays 
on which the flag should be displayed.\1\ These 10 days include 
Inauguration Day, the birthday of Dr. Martin Luther King Jr., 
the birthday's of President Lincoln and President Washington, 
and Mothers Day.\2\
---------------------------------------------------------------------------
    \1\ 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; Martin Luther King 
      Jr.'s Birthday, 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 other such days as may be proclaimed by the President 
      of the United States; the birthdays of States (date of 
      admission); and on State holidays.
---------------------------------------------------------------------------
    \2\ See id.
---------------------------------------------------------------------------
    On June 25, 1950, armed forces from communist North Korea 
crossed the 38th parallel and launched an offensive invasion of 
democratic South Korea. The following day President Truman 
authorized the use of American air and naval forces to repel 
the rapidly advancing North Korean forces.\3\ On June 27, 
fifty-three member nations approved a United Nations Security 
Council resolution recommending that the United Nations member 
countries send military assistance to South Korea in order to 
``repel the armed attack and to restore international peace and 
security to the area.'' \4\ On that same day, President Truman 
sent the first U.S. troops into combat in South Korea.\5\ 
Facing harsh weather and foreign terrain, 1.8 million American 
soldiers fought bravely; 103,284 were wounded and 36,577 
died.\6\ Finally, on July 27, 1953, after 3 years of fighting, 
an armistice was signed, North Korea withdrew to its side of 
the 38th parallel, and South Korea remained an independent, 
democratic nation.\7\
---------------------------------------------------------------------------
    \3\ Department of Defense, United States of America Korean War 
Commemoration, An Overview of the U.S. Army in the Korean War, 1950-
1953 (2003), available at http://korea50.army.mil/history/factsheets/
army.shtml.
    \4\ Department of Defense, United States of America Korean War 
Commemoration, The Korean War: Setting the Stage and Brief Overview 
(2003), available at http://korea50.army.mil/history/factsheets/
overview.shtml.
    \5\ Department of Defense, supra note 3.
    \6\ Department of Defense, Washington Headquarter Services, Korean 
War: Casualty Type by State and Territory (2002), available at http://
web1.whs.osd.mil/mmid/CASUALTY/STATE-CASUALTY.PDF.
    \7\ Department of Defense, supra note 3.
---------------------------------------------------------------------------
    During the 104th Congress, in remembrance of the signing of 
the armistice ending the Korean War, Congress designated July 
27th of each year, through 2003, to be ``National Korean War 
Veterans Armistice Day.'' \8\ During the 106th Congress, in 
honor of the 50th anniversary of the Korean War Armistice and 
all the Armed Service members who served during that war, 
Congress found that ``service by members of the Armed Forces in 
the Korean War should never be forgotten'' and passed H.J. Res. 
86, later Pub. L. No. 106-195, calling upon the President to 
make a proclamation recognizing and calling upon Americans to 
observe the anniversary of the Armistice.\9\ President Clinton 
made such a proclamation on June 23, 2000.\10\
---------------------------------------------------------------------------
    \8\ H.R. 1994, 104th Cong., 1st Sess. (1995), Pub. L. No. 104-019.
    \9\ See 146 Cong. Rec. H726 (2000).
    \10\ Proclamation No. 7324, 65 Fed. Reg. 39, 773 (June 23, 2000).
---------------------------------------------------------------------------
    The ten permanent Federal holidays that are currently 
listed in title 4 of the U.S. Code, serve to recognize the 
people and events that have shaped the character of our nation. 
By calling for the flag to be flown each July 27th in 
remembrance of National Korean War Veterans Armistice Day, H.R. 
292 will ensure that those who fought and died so bravely in 
the Korean War are recognized for their contribution to our 
nation.

                                Hearings

    No hearings were held on H.R. 292.

                        Committee Consideration

    On July 25, 2003, the Committee met in open session and 
ordered favorably reported the bill H.R. 292 without amendment 
by voice vote, a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of Rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the committee consideration of 
H.R. 292.

                      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.

               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. 292, 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, July 28, 2003.
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. 292, the ``Korean 
War Veterans Recognition Act of 2003.''
    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,
                                       Douglas Holtz-Eakin.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 292--Korean War Veterans Recognition Act of 2003.
    H.R. 292 would amend Federal law to add National Korean War 
Veterans Armistice Day (July 27) to the list of days on which 
the U.S. flag should be displayed. Because the flag is 
displayed daily at Federal facilities, CBO estimates that 
implementing H.R. 292 would have no significant cost and 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 not affect the budgets 
of 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

    H.R. 292 does not authorize funding. Therefore, clause 
3(c)(4) of Rule XIII of the Rules of the House of 
Representatives is inapplicable.

                   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.

               Section-by-Section Analysis and Discussion

    Sec. 1. Short title. Section 1 provides that the short 
title of the bill is the ``Korean War Veterans Recognition Act 
of 2003.''
    Sec. 2. Display of Flag on National Korean War Veterans 
Armistice Day. Section 2 amends section 6(d) of title 4, of the 
United States Code by inserting ``National Korean War Veterans 
Armistice Day, July 27;'' after ``July 4;''.

         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):

TITLE 4, UNITED STATES CODE

           *       *       *       *       *       *       *


CHAPTER 1--THE FLAG

           *       *       *       *       *       *       *


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, 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; National Korean War Veterans 
Armistice Day, July 27; 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.

           *       *       *       *       *       *       *


                           Markup Transcript



                            BUSINESS MEETING

                         FRIDAY, JULY 25, 2003

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 9:40 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr., [Chairman of the Committee] presiding.
    [Intervening business.]
    Chairman Sensenbrenner. The next item on the agenda, 
pursuant to notice I now call up the bill H.R. 292, the 
``Korean War Veterans Recognition Act of 2003'' for purposes of 
markup 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. 292, follows:]
      
      

  


      
      

  


    Chairman Sensenbrenner. And the Chair recognizes the 
gentleman from Ohio Mr. Chabot to explain the bill.
    Mr. Chabot. Move to strike the last word, Mr. Chairman.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Chabot. Thank you.
    Currently title 4 of the U.S. Code provides that the flag 
of the United States of America should be displayed on all 
days, but specifically mentions 10 permanent Federal holidays 
in which the flag should be displayed, including Inauguration 
Day, the birthday of Dr. Martin Luther King, Jr., the birthdays 
of President Lincoln and President Washington, and Mother's 
Day. Introduced by Representative Sue Kelly on January 8 of 
this year, H.R. 292, this bill, would amend title 4 to include 
July 27, the National Korean War Veterans Armistice Day.
    On June 25, 1950, Armed Forces from Communist North Korea 
crossed the 38th parallel and launched an offensive invasion of 
democratic South Korea. In just 2 days President Truman was 
able to garner support in the United Nations Security Council 
in opposition to this invasion, and on June 27, 1950, sent the 
first U.S. forces into combat in South Korea. Facing harsh 
weather and foreign terrain, 1.8 million American soldiers 
fought bravely; over 103,000 American soldiers were wounded, 
and 36,577 were killed.
    Finally, on July 27, 1953, after 3 years of fighting, an 
armistice was signed, and North Korea withdrew to its side of 
the 38th parallel, and South Korea remained an independent 
democratic nation.
    In 1995, in remembrance of the signing of the armistice 
ending the Korean War, Congress designated July 27 of each year 
through 2003 to be National Korean War Veterans Armistice Day. 
The 10 permanent Federal holidays that are currently listed in 
title 4 serve to recognize the people and events that have 
shaped the character of our Nation. By calling for the flag to 
be flown each July 27 in memorial of the National Korean War 
Veterans Armistice Day, H.R. 292 will ensure that those who 
fought and those who died so bravely in the Korean War are 
recognized for their contribution to our Nation, and I urge 
that this be passed.
    Yield back the balance of my time.
    Chairman Sensenbrenner. Without objection, all Members' 
opening statements will be placed in the record at this point.
    [The prepared 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 Chairman Sensenbrenner and Ranking Member Conyers for 
convening this Full Committee Markup opportunity concerning the 
``Korean War Veterans Recognition Act of 2003.'' Commemoration of the 
service that our Korean war heroes performed on our behalf on July 27 
will be the least that we can do to say ``thank you'' to these noble 
individuals.
    Of our 25 million living veterans, nearly 19 million have served 
during times of war. There are 19 million stories to tell and 19 
million histories to preserve. There are only a few thousand World War 
I veterans left and they are all more than 100 years old. The4 average 
age of our World War II veterans is more than 77 and we are losing 
1,500 of them per day. We need to show them our appreciation now. H.R. 
292 offers a special opportunity to express gratitude to a large 
portion of those servicepersons.
    In the State of Texas, there are approximately 1.721 million 
veterans. Currently, 3,400 veterans are on the waiting list for health 
care services, and due to the War in Iraq, we will have new veterans in 
need of services. I have recently advocated for and expressed my 
support of the passage of H.R. 2318, the Assured Funding for Veterans 
Health Care Act of 2003 that addresses and proposes to ameliorate the 
harmful gap that the Republican Budget will create as a way to thank 
our heroes.
    The Veterans' Administration Medical Center in the 18th 
Congressional District in Texas has seen an 18% increase in the need 
for its services this year already. There must be an additional funding 
mechanism put in place by Congress to meet that need. I am adamantly 
opposed to any efforts that would reduce the accessibility or the 
extent of health care for our veterans. With a death toll of 153 U.S. 
troops since the start of the Iraqi War that is rising on a daily 
basis, it is incumbent upon our government to not only thank our troops 
and commemorate the history of their service, but to prepare ourselves 
for expenses that will stem from current war activities. We need to 
give appropriate courtesy to our fallen and living heroes at the very 
least.
    Therefore, Mr. Chairman and Ranking Member, I support the tribute 
that H.R. 292 will give our brave brothers and sisters. Thank you for 
the opportunity to share this input.

    Chairman Sensenbrenner. Does any Member of the minority 
wish to make an opening statement?
    Hearing none, are there amendments to this bill?
    Hearing none, without--a reporting quorum is not present. 
Without objection, the previous question is ordered on the 
question to report the bill favorably.
    [Intervening business.]
    Chairman Sensenbrenner. The unfinished business is the 
motion to report favorably the bill H.R. 292, the ``Korean War 
Veterans Recognition Act of 2003,'' upon which the previous 
question has been ordered on the motion to report favorably. 
Those in favor will say aye.
    Those opposed, no.
    The ayes appear to have it. The ayes have it. The bill is 
favorably reported.
    Without objection, the staff will be given authority to 
make technical and conforming changes.
    Without objection, the Chair will be given authority to 
move to go to conference pursuant to House rules. And all 
Members will be given 2 days pursuant to the rules to submit 
additional, supplemental, dissenting or minority views.

                                
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