[House Report 115-119]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-119
======================================================================
HONORING HOMETOWN HEROES ACT
_______
May 15, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 1892]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 1892) to amend title 4, United States Code, to
provide for the flying of the flag at half-staff in the event
of the death of a first responder in the line of duty, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
New Budget Authority and Tax Expenditures........................ 2
Congressional Budget Office Cost Estimate........................ 3
Duplication of Federal Programs.................................. 3
Disclosure of Directed Rule Makings.............................. 4
Performance Goals and Objectives................................. 4
Advisory on Earmarks............................................. 4
Section-by-Section Analysis...................................... 4
Changes in Existing Law Made by the Bill, as Reported............ 4
Purpose and Summary
H.R. 1892 expands the existing authority of state governors
and the Mayor of the District of Columbia to order that the
American flag be flown at half-staff, to include situations
involving a line-of-duty death of a ``first responder,'' which
encompasses firefighters, law enforcement officers, and EMS
professionals.
Background and Need for the Legislation
Title 4, United States Code, provides guidelines for the
display of the U.S. flag in certain circumstances--i.e., where
the flag should be displayed in a procession with another flag
or flags, or when displayed against a wall, over a street, or
on a speaker's platform. Title 4 also provides instructions for
when it is appropriate to fly the flag at half-staff. Under
current law, the flag is required to be flown at half-staff at
Federal installations or facilities in the event of the death
of certain Federal officials, such as the President, Vice
President, or Chief Justice of the Supreme Court. Separately,
the governor of each State, territory, and possession, and the
Mayor of the District of Columbia, may issue a proclamation
directing that the flag be flown at half-staff, at Federal
installations or facilities covered by the proclamation, in the
event of the death of a State or local official, or a member of
the Armed Forces.\1\ However, the statute does not specifically
grant the governors or the D.C. Mayor the authority to direct
that the flag be flown at half-staff in the event of the line-
of-duty death of a ``first responder.''
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\1\See 4 U.S.C. Sec. 7(m).
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Hearings
The Committee on the Judiciary held no hearings on H.R.
1892.
Committee Consideration
On May 3, 2017, the Committee met in open session and
ordered the bill H.R. 1892 favorably reported, without
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. 1892.
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. 1892, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
May 5, 2017.
Hon. Bob Goodlatte,
Chairman.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1892, the Honoring
Hometown Heroes Act.
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,
Keith Hall.
Enclosure.
cc: Honorable John Conyers, Jr.
Ranking Member
H.R. 1892--Honoring Hometown Heroes Act
H.R. 1892 would amend federal law to allow a U.S. flag to
be flown at half-staff following the death of a first responder
in any state, territory, possession, or the District of
Columbia. Under the bill proclamations to order the display of
the flag at half-staff would be made by the governor of the
jurisdiction or the Mayor of the District of Columbia.
Because the flag is displayed daily at federal facilities,
CBO estimates that implementing H.R. 1892 would have no effect
on the federal budget. Enacting the legislation would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
CBO estimates that H.R. 1892 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 1892 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Duplication of Federal Programs
No provision of H.R. 1892 establishes or reauthorizes a
program of the Federal government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 1892 specifically directs
to be completed no specific rule makings within the meaning of
5 U.S.C. 551.
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.
1892, the ``Honoring Hometown Heroes Act,'' provides state and
territorial governors and the Mayor of the District of Columbia
the authority to order the flying of the flag at half-staff in
the event of the death of a first responder in the line of
duty.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 1892 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Section 1. Short Title. This section cites the short title
of the legislation as the ``Honoring Hometown Heroes Act.''
Section 2. Permitting the Flag to be Flown at Half-Staff in
the Event of the Death of a First Responder Serving in the Line
of Duty. This section amends section 7(m) of title 4, United
States Code, to permit governors of U.S. states, territories,
or possessions to direct that the Flag be flown at half-staff
in the event of the death of a first responder in the line of
duty. This section defines ``first responder'' to mean ``public
safety officer'' as defined in 42 U.S.C. Sec. 3796b (i.e., ``an
individual serving a public agency in an official capacity,
with or without compensation, as a law enforcement officer, as
a firefighter, or as a chaplain.'').
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 (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 4, UNITED STATES CODE
* * * * * * *
CHAPTER 1--THE FLAG
* * * * * * *
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) The flag should not be displayed on a float in a parade
except from a staff, or as provided in subsection (i) of this
section.
(b) The flag should not be draped over the hood, top, sides,
or back of a vehicle or of a railroad train or a boat. When the
flag is displayed on a motorcar, the staff shall be fixed
firmly to the chassis or clamped to the right fender.
(c) No other flag or pennant should be placed above or, if on
the same level, to the right of the flag of the United States
of America, except during church services conducted by naval
chaplains at sea, when the church pennant may be flown above
the flag during church services for the personnel of the Navy.
No person shall display the flag of the United Nations or any
other national or international flag equal, above, or in a
position of superior prominence or honor to, or in place of,
the flag of the United States at any place within the United
States or any Territory or possession thereof: Provided, That
nothing in this section shall make unlawful the continuance of
the practice heretofore followed of displaying the flag of the
United Nations in a position of superior prominence or honor,
and other national flags in positions of equal prominence or
honor, with that of the flag of the United States at the
headquarters of the United Nations.
(d) The flag of the United States of America, when it is
displayed with another flag against a wall from crossed staffs,
should be on the right, the flag's own right, and its staff
should be in front of the staff of the other flag.
(e) The flag of the United States of America should be at the
center and at the highest point of the group when a number of
flags of States or localities or pennants of societies are
grouped and displayed from staffs.
(f) When flags of States, cities, or localities, or pennants
of societies are flown on the same halyard with the flag of the
United States, the latter should always be at the peak. When
the flags are flown from adjacent staffs, the flag of the
United States should be hoisted first and lowered last. No such
flag or pennant may be placed above the flag of the United
States or to the United States flag's right.
(g) When flags of two or more nations are displayed, they are
to be flown from separate staffs of the same height. The flags
should be of approximately equal size. International usage
forbids the display of the flag of one nation above that of
another nation in time of peace.
(h) When the flag of the United States is displayed from a
staff projecting horizontally or at an angle from the window
sill, balcony, or front of a building, the union of the flag
should be placed at the peak of the staff unless the flag is at
half-staff. When the flag is suspended over a sidewalk from a
rope extending from a house to a pole at the edge of the
sidewalk, the flag should be hoisted out, union first, from the
building.
(i) When displayed either horizontally or vertically against
a wall, the union should be uppermost and to the flag's own
right, that is, to the observer's left. When displayed in a
window, the flag should be displayed in the same way, with the
union or blue field to the left of the observer in the street.
(j) When the flag is displayed over the middle of the street,
it should be suspended vertically with the union to the north
in an east and west street or to the east in a north and south
street.
(k) When used on a speaker's platform, the flag, if displayed
flat, should be displayed above and behind the speaker. When
displayed from a staff in a church or public auditorium, the
flag of the United States of America should hold the position
of superior prominence, in advance of the audience, and in the
position of honor at the clergyman's or speaker's right as he
faces the audience. Any other flag so displayed should be
placed on the left of the clergyman or speaker or to the right
of the audience.
(l) The flag should form a distinctive feature of the
ceremony of unveiling a statue or monument, but it should never
be used as the covering for the statue or monument.
(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, or the death of a first
responder working in any State, territory, or possession who
dies while serving in the line of 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, and first responders working in 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) the term ``half-staff'' means the position of the
flag when it is one-half the distance between the top
and bottom of the staff;
(2) the term ``executive or military department''
means any agency listed under sections 101 and 102 of
title 5[, United States Code; and];
(3) the term ``Member of Congress'' means a Senator,
a Representative, a Delegate, or the Resident
Commissioner from Puerto Rico[.]; and
(4) the term ``first responder'' means a ``public
safety officer'' as defined in section 1204 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b).
(n) When the flag is used to cover a casket, it should be so
placed that the union is at the head and over the left
shoulder. The flag should not be lowered into the grave or
allowed to touch the ground.
(o) When the flag is suspended across a corridor or lobby in
a building with only one main entrance, it should be suspended
vertically with the union of the flag to the observer's left
upon entering. If the building has more than one main entrance,
the flag should be suspended vertically near the center of the
corridor or lobby with the union to the north, when entrances
are to the east and west or to the east when entrances are to
the north and south. If there are entrances in more than two
directions, the union should be to the east.
* * * * * * *
[all]