[House Report 108-411]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-411

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



 
                   COMMUNITY RECOGNITION ACT OF 2003

                                _______
                                

February 3, 2004.--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. 3095]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3095) 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.....................................     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............     4
Markup Transcript................................................     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 ``Community Recognition Act of 2004''.

SEC. 2. FLAG CODE AMENDMENT.

    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.''.

                          Purpose and Summary

    H.R. 3095 ensures that 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 in that locality.

                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 mast in recognition of the death of a current or 
former official of the government. Local officials may order 
the national flag flown at half mast only with the direct 
permission from the President or the governor of that 
particular State, territory, or possession. Such permission is 
not always timely granted, which results in the missed 
opportunity to honor the deceased individual in question.
    H.R. 3095 would permit local government officials to 
legally lower the flag to honor those leaders or public safety 
officials who either died in the line of duty or passed away 
following a distinguished career in public service by ordering 
the flag flown at half-staff.
    The Code does not expressly outlaw the common practice of 
lowering the flag in honor of local heroes, but neither does it 
expressly permit such activity. This ambiguous wording has 
upset local officials across the country who believe that 
communities should have the right to honor their fellow 
citizens without express permission from the President or their 
governor.

                                Hearings

    No hearings were held in the Committee on the Judiciary on 
H.R. 3095.

                        Committee Consideration

    On January 28, 2004, the Committee met in open session and 
ordered favorably reported the bill H.R. 3095 with an 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 its consideration of H.R. 3095.

                      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. 3095, 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, January 30, 2004.
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. 3095, the 
``Community Recognition Act of 2004.''
    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. 3095--Community Recognition Act of 2004.
    H.R. 3095 would amend Federal law to allow local officials 
to order the national flag to be flown at half staff in the 
event of the death of a present or former official of that city 
or locality. Under current law, only a State's governor or the 
President may make such proclamations. CBO estimates that 
implementing H.R. 3095 would have no Federal cost and would not 
affect direct spending or revenues. The bill contains no 
intergovernmental or private-sector mandates 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 Robert A. Sunshine, Assistant Director for Budget 
Analysis.

                    Performance Goals and Objectives

    H.R. 3095 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

Section 1. Short Title.
    This Act may be cited as the ``Community Recognition Act of 
2003.'' The Committee adopted a technical amendment changing 
the date to 2004.
Section 2. Flag code amendment.
    Section 2 amends 4 U.S.C. Sec. 7(m) to allow local 
officials to proclaim that the national flag shall be flown at 
half mast in that locality to honor the passing of a 
distinguished local official.

         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

                      WEDNESDAY, JANUARY 28, 2004

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:04 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    [Intervening business.]
    Chairman Sensenbrenner. Pursuant to notice, I now call up 
the bill H.R. 3095, the ``Community 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. 3095, follows:]
      
      

  


      
      

  


    Chairman Sensenbrenner. And the Chair now recognizes the 
gentleman from Ohio, Mr. Chabot, the chairman of the 
Subcommittee on the Constitution, for 5 minutes to summarize 
his opening statement in support of the bill.
    Mr. Chabot. Thank you, Mr. Chairman. And I won't use the 5 
minutes; I will be able to do it much more briefly than that.
    Under the current flag code, only the President of the 
United States or the governor of a State or territory has the 
authority to order the national flag to be flown at half staff 
in recognition of the death of a current or former State 
official, including public safety officers. In the event of the 
death of a local official who has been chosen to be honored by 
having the national flag lowered, direct permission must be 
sought by local officials from either the President or the 
governor. The effect of this current practice is a chain of 
communication that is not always timely, and can result in 
missing an opportunity to honor some deserving public servants.
    Having recognized this problem with existing law, 
Congressman Doolittle of California introduced H.R. 3095, the 
bill that we are discussing here. By approving this bill, we 
can address this problem by granting authority directly to the 
locally elected leaders to call for and approve such 
recognition. Immediate authorization at the local level will 
ensure that no local hero passes without the community support 
and recognition he or she deserves.
    I would note that similar legislation was approved by this 
Committee during 107th Congress and subsequently passed by the 
House 420 to zero. Unfortunately, no action was taken by the 
other body. I urge my colleagues to once again support this 
legislation. And I yield back the balance of my time.
    Chairman Sensenbrenner. In the absence of the gentleman 
from New York, who wishes to give the Democratic opening 
statement? The gentleman from Michigan.
    Mr. Conyers. Thank you, Mr. Chairman. I would like to 
announce that on this side we are in complete support of the 
Chairman's description and reasoning behind the bill, and 
support it. And I yield back.
    Chairman Sensenbrenner. Without objection, all Members' 
opening statements will be included in the record at this 
point. Are there amendments? If there are no amendments, 
without objection, the short title will be amended by striking 
2003 and inserting 2004.
    The question occurs on the motion to report the bill H.R. 
3095 favorably. All in favor say aye. Opposed no. The ayes 
appear to have it. The ayes have it. The motion to report 
favorably is agreed to. 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. And because the short title 
was amended, without objection, the bill will be reported 
favorably to the House in the form of a single amendment in the 
nature of a substitute incorporating the amendment adopted here 
today.

                                
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