59–006 

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 


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1 4 U.S.C.A. § 7(m) (2006). 2Letter 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). 

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. 

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 SpeVerDate Aug 31 2005 20:10 May 10, 2007 Jkt 059006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6601 E:\HR\OC\HR139.XXX HR139

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3Press 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). 4Section 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. § 7(m) (2006). 5 Id. 

6 4 U.S.C.A. § 10 (2006). 7Letter 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. 

cialist Micks had been assigned to the 54th Engineer Battalion, 

130th Engineer Brigade, Warner Barracks, Bamberg, Germany.3

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

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. 

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. 


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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. 


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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): 


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SECTION 7 OF TITLE 4, UNITED STATES CODE 

§ 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) * * * 

* * * * * * * 

Æ 


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