[House Report 110-139]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-139

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



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

                                _______
                                

  May 9, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 692]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred 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, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     5
Constitutional Authority Statement...............................     5
Advisory on Earmarks.............................................     5
Section-by-Section Analysis and Discussion.......................     5
Changes in Existing Law Made by the Bill, as Reported............     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 ``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.''.

                          Purpose and Summary

    Members of the Armed Forces of the United States defend the 
freedom and security of our Nation. Current law, which sets 
forth the circumstances under which our Nation's flag may be 
flown at half-staff, including for whom may this honor be 
bestowed, however, does not include a member of the Armed 
Forces killed while serving on active duty.\1\ H.R. 692 
corrects this omission by authorizing the Governor of a State, 
territory, or possession as well as the Mayor of the District 
of Columbia to proclaim that the National flag be flown at 
half-staff in honor of a member of the Armed Forces of the 
United States who dies while serving on active duty. The 
proclamation would be binding on National flags flown at 
Federal facilities and installations in such State, territory, 
or possession, including the District of Columbia.
---------------------------------------------------------------------------
    \1\ 4 U.S.C.A. Sec. 7(m) (2006).
---------------------------------------------------------------------------

                Background and Need for the Legislation

    Representative Bart Stupak (D-MI) introduced H.R. 692, the 
``Army Specialist Joseph P. Micks Federal Flag Code Amendment 
Act of 2007,'' on January 24, 2007. The bill is named for a 22-
year old soldier from Representative Stupak's district who was 
killed on July 8, 2006 by an improvised explosive device 
detonated near his vehicle during combat operations in Ar 
Ramadi, Iraq.\2\ Army Specialist Micks had been assigned to the 
54th Engineer Battalion, 130th Engineer Brigade, Warner 
Barracks, Bamberg, Germany.\3\
---------------------------------------------------------------------------
    \2\ Letter from Rep. Bart Stupak to Pres. George W. Bush (July 21, 
2006) (on file with the Subcommittee on the Constitution, Civil Rights 
and Civil Liberties); Press Release, Office of the Governor of the 
State of Michigan, Flags to be Flown Half-Staff Wednesday for 
Serviceman Killed in Iraq (July 17, 2006).
    \3\ Press Release, Office of the Governor of the State of Michigan, 
Flags to be Flown Half-Staff Wednesday for Serviceman Killed in Iraq 
(July 17, 2006).
---------------------------------------------------------------------------
    Section 7(m) of title 4 of the United States Code specifies 
the criteria for which the National flag may be flown at half-
staff.\4\ For example, it directs how the flag should hoisted, 
details the National holidays when the flag should be displayed 
at half-staff, and specifies who may direct that the flag be 
flown at half-staff and for whom.\5\ In addition, the President 
may order the National flag to be flown at half-staff 
``whenever he deems it to be appropriate or desirable.'' \6\
---------------------------------------------------------------------------
    \4\ Section 7(m) defines ``half-staff'' to mean ``the position of 
the flag when it is one-half the distance between the top and bottom of 
the staff.'' 4 U.S.C.A. Sec. 7(m) (2006).
    \5\ Id.
    \6\ 4 U.S.C.A. Sec. 10 (2006).
---------------------------------------------------------------------------
    Notwithstanding this authority, Representative Stupak has 
been unable to persuade the President to issue a proclamation 
ordering that flags at Federal buildings in his State be flown 
at half-staff in honor of Michigan's fallen soldiers.\7\ Over 
the past 4 years, at least ten soldiers from Representative 
Stupak's district have died in Iraq and Afghanistan, yet the 
National flags on some Federal buildings were not lowered in 
their honor, to the dismay of family members and friends of 
these brave soldiers.\8\ H.R. 692 would provide an additional 
effective avenue for ensuring that our Nation's fallen military 
heros are honored and acknowledged.
---------------------------------------------------------------------------
    \7\ Letter to Pres. George W. Bush from Rep. Bart Stupak 1 (July 
21, 2006) (on file with the Subcommittee on the Constitution, Civil 
Rights and Civil Liberties).
    \8\ Jeff Kart, Bill Proposes Flag Lowering for Soldiers to Extend 
to Federal Buildings, Bay City Times, Nov. 27, 2006, at 3A.
---------------------------------------------------------------------------

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
692.

                        Committee Consideration

    On April 25, 2007, the Committee met in open session and 
ordered the bill, H.R. 692, favorably reported with an 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 692.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises 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. 692, 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 1, 2007.
Hon. John Conyers, 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. 692, the Army 
Specialist Joseph P. Micks Federal Flag Code Amendments Act of 
2007.
    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,
                                           Peter R. Orszag,
                                                  Director.

Enclosure

cc:
        Honorable Lamar S. Smith.
        Ranking Member
H.R. 692--Army Specialist Joseph P. Micks Federal Flag Code Amendment 
        Act of 2007
    H.R. 692 would amend Federal law to allow the governor of a 
state, territory, or possession to fly the U.S. flag at half-
staff following the death of a member of the active-duty armed 
forces. The legislation also would allow the mayor of the 
District of Columbia to fly the U.S. flag at half-staff 
following the death of former officials as well as members of 
the active-duty armed forces. In addition, when a governor or 
the mayor of the District of Columbia has issued a proclamation 
to display flags at half-staff, the legislation would require 
that flags at all Federal facilities in the locality also be 
flown at half-staff.
    Because the U.S. flag is displayed daily at Federal 
facilities, CBO estimates that implementing H.R. 692 would have 
no significant cost. Enacting the bill 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 impose no cost on 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

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, 
H.R.692, as amended, ensures that our Nation's fallen military 
heros are properly honored in their home states by authorizing 
the Governor of a State, territory or possession, or the Mayor 
of the District of Columbia, to proclaim that the National flag 
be flown at half-staff for a member of the Armed Forces who 
dies while serving on active duty.

                   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 17 of the 
Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 692 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

               Section-by-Section Analysis and Discussion

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short title. Section 1 sets forth the short title 
of the bill as the ``Army Specialist Joseph P. Micks Federal 
Flag Code Amendment Act of 2007.''
    Sec. 2. Finding. Section 2 states that 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. Section 3(a) amends section 7(m) of title 4 of the 
United States Code to authorize the Governor of a State, 
territory, or possession, as well as the Mayor of the District 
of Columbia, to proclaim that the National flag be flown at 
half-staff in honor of a member of the Armed Forces of the 
United States who dies while serving on active duty. Section 
3(b) provides that the proclamation would be binding on 
National flags flown at Federal facilities and installations in 
the State, territory, or possession involved, including the 
District of Columbia.

         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 or the death of a member of 
the Armed Forces from any State, territory, or possession who 
dies while serving on active duty, the Governor of that State, 
territory, or possession may proclaim that the National flag 
shall be flown at half-staff, 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. 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 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) * * *

           *       *       *       *       *       *       *


                                  
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