[House Report 111-132]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-132
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FALLEN HEROES FLAG ACT OF 2009
_______
June 3, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Brady of Pennsylvania, from the Committee on House Administration,
submitted the following
R E P O R T
[To accompany H.R. 415]
[Including cost estimate of the Congressional Budget Office]
The Committee on House Administration, to whom was referred
the bill (H.R. 415) to provide Capitol-flown flags to the
immediate family of fire fighters, law enforcement officers,
emergency medical technicians, and other rescue workers who are
killed in the line of duty, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
PURPOSE OF THE LEGISLATION
H.R. 415 would provide for Capitol-flown flags to be given
to the immediate families of fire fighters, law enforcement
officers, emergency medical technicians, and other rescue
workers who are killed in the line of duty.
BILL SUMMARY
H.R. 415 would provide a Capitol-flown flag to the
immediate family of a firefighter, law enforcement officer,
emergency technician, or other rescue worker who dies in the
line of duty. Additionally, the family will receive a
certificate, prepared by the office of the Clerk of the House,
signed by the Speaker of the House and the Representative
presenting the flag expressing sympathy on behalf of the House
of Representatives. The flag and certificate will be provided
at no expense to the family.
COMMITTEE CONSIDERATION
On March 25, 2009, the Committee on House Administration,
by voice vote, ordered the H.R. 415 reported favorably without
amendment. No recorded votes were taken during the
consideration of the bill.
BACKGROUND AND NEED FOR H.R. 415
Across the country, brave public servants selflessly put
their lives at risk for the protection of others. On rare
occasions, these fire fighters, law enforcement officers,
emergency technicians, and other rescue workers make the
ultimate sacrifice.
H.R. 415 would provide a simple and eloquent tribute to
these fallen heroes. A Capitol-flown flag would express
national sympathy and gratitude to the families of those who
gave their lives for others.
ANALYSIS OF THE BILL (AS REPORTED)
H.R. 415 was introduced by Representative Peter T. King of
New York on January 9, 2009. The bill directs the Clerk of the
House to implement regulations and procedures, subject to the
approval of the Committee on House Administration, to provide a
flag flown over the U.S. Capitol building at the request of the
family of a rescue worker who died in the line of duty.
A section by section analysis of the bill is as follows:
Section 1. Designates the bill as the ``Fallen Heroes Flag
Act of 2009''.
Section 2. Subsection (a) entitles the family of a
firefighter, law enforcement officer, emergency technician or
other rescue worker who died in the line of duty to request a
Capitol-flown flag with a certificate described in Subsection
(c).
Subsection (b) assures that the flag will be provided
without cost to the requesting family.
Subsection (c) describes the certificate to accompany the
flag as an expression of sympathy on behalf of the House of
Representatives. It will be signed by the Speaker of the House
and the Representative providing the flag.
Subsection (d) defines the term ``Capitol-flown flag'' as a
United States flag flown over the United States Capitol in
honor of the deceased individual for whom such flag is
requested; and the term ``Representative'' to include a
Delegate or Resident Commissioner to the Congress.
Section 3. subsection (a) requires the Clerk of the House
of Representatives to issue regulations and procedures for
carrying out this act.
Subsection (b) requires that the regulations issued by the
Clerk be approved by the Committee on House Administration.
Section 4. authorizes appropriations from applicable
accounts of the House of Representatives for fiscal year 2009
and each succeeding fiscal year.
Section 5. states that this bill will take effect
immediately after the procedures created by the Clerk are
approved by the Committee on House Administration.
MATTERS REQUIRED UNDER RULES OF THE HOUSE
Committee votes
Clause 3(b) of House Rule XIII requires the results of each
recorded vote on an amendment or motion to report, together
with the names of those voting for and against, to be printed
in the committee report. No recorded votes were taken during
the committee's consideration of H.R. 415.
Constitutional authority
Clause 3(d)(1) of House Rule XIII requires each committee
report on a public bill or joint resolution to include a
statement citing the specific constitutional power(s) granted
to the Congress on which the Committee relies for enactment of
the measure under consideration.
The Committee cites the legislative power broadly granted
to Congress in Article I.
Congressional Budget Office estimate
Clause 3(c)(3) of House Rule XIII requires the report of a
committee on a measure which has been approved by the committee
to include a cost estimate prepared by the Director of the
Congressional Budget Office pursuant to section 402 of the CBA,
if timely submitted. The Director submitted the following
estimate:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 30, 2009.
Hon. Robert A. Brady,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 415, the Fallen
Heroes Flag Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Matthew
Pickford and Deborah Reis.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 415--Fallen Heroes Flag Act of 2009
H.R. 415 would authorize members of the U.S. House of
Representatives to provide, free of charge, U.S. flags flown
over the U.S. Capitol to the immediate families of fire
fighters, law enforcement officers, and other rescue workers
who died in the line of duty. (Currently, representatives may
provide flags, but at a price to the requestor--usually about
$24 plus shipping costs.) The bill would require the Clerk of
the House of Representatives to establish procedures, request
forms, and guidelines for providing the flags and accompanying
certificates.
Based on the current costs of obtaining and mailing flags
and on the small number of likely recipients in any given year,
CBO estimates that implementing H.R. 415 would not have a
significant impact on discretionary spending. Depending on
whether the new regulations would allow families of individuals
who died before the bill's enactment to request a flag, it is
possible that the costs of providing flags could be higher in
the first few years of the program (to process a potential
backlog of such requests), but we estimate that, even in those
years, total annual costs would be insignificant. The bill
would have no effect on direct spending or revenues.
H.R. 415 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 contacts for this estimate are Matthew
Pickford and Deborah Reis. The estimate was approved by Theresa
Gullo, Deputy Assistant Director for Budget Analysis.
Oversight findings
Clause 3(c)(1) of rule XIII requires each committee report
to contain oversight findings and recommendations required
pursuant to clause 2(b)(1) of House rule X. The Committee on
House Administration has general oversight responsibility for
the Office of the Clerk.
In the course of the Committee's continuing oversight of
the Office of the Clerk, the Committee noted the benefit of
honoring the service of rescue workers.
Federal mandates
Section 423 of the CBA requires a committee report on any
public bill or joint resolution that includes a federal mandate
to include specific information about such mandates. The
Committee states that H.R. 415 includes no federal mandates.
Preemption clarification
Section 423 of the CBA requires a committee report on any
public bill or joint resolution to include a committee
statement on the extent to which the measure is intended to
preempt state or local law. The Committee states that H.R. 415
is not intended to preempt any state or local law.
Statement of general performance goals and objectives
Clause 3(c)(4) of House rule XIII requires a committee
report on a measure to include a statement of general
performance goals and objectives. The Committee finds that the
objective of H.R. 415 is to honor the service and sacrifice of
rescue workers.
Congressional ``earmarks''
Clause 9 of House rule XXI requires a committee report on a
bill or joint resolution to contain an identification of
congressional ``earmarks,'' limited tax benefits, limited
tariff benefits, and the names of requesting Members. H.R. 415
contains no such items.