[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 39 Reported in Senate (RS)]






                                                        Calendar No. 37
107th CONGRESS
  1st Session
                                 S. 39

  To provide a national medal for public safety officers who act with 
 extraordinary valor above and beyond the call of duty, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2001

 Mr. Stevens (for himself, Mr. Murkowski, Mr. Inouye, Mr. Cleland, Mr. 
Reid, Mr. Bingaman, Mr. Biden, Mr. Thurmond, Mr. Daschle, Mrs. Murray, 
  Mrs. Boxer, Mr. Leahy, Mr. Bennett, Mr. Shelby, Mr. McConnell, Mr. 
Helms, Mr. Frist, Mr. Harkin, Mr. Kerry, Mr. Kennedy, Mr. Specter, Mr. 
    DeWine, Ms. Snowe, Mr. Jeffords, Mr. Johnson, Mr. Grassley, Mr. 
  Feingold, Mr. Nelson of Nebraska, and Ms. Cantwell) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                              May 10, 2001

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To provide a national medal for public safety officers who act with 
 extraordinary valor above and beyond the call of duty, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be referred to as the 
``Public Safety Medal of Valor Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Authorization of Medal of Valor.
<DELETED>Sec. 3. Medal of Valor Review Board.
<DELETED>Sec. 4. Board personnel matters.
<DELETED>Sec. 5. National medal office.
<DELETED>Sec. 6. Definitions.
<DELETED>Sec. 7. Authorization of appropriations.
<DELETED>Sec. 8. Conforming repeal.
<DELETED>Sec. 9. Consultation requirement.

<DELETED>SEC. 2. AUTHORIZATION OF MEDAL OF VALOR.</DELETED>

<DELETED>    The President may award, and present in the name of 
Congress, a Medal of Valor of appropriate design, with ribbons and 
appurtenances, to a public safety officer who is cited by the Attorney 
General, upon the recommendation of the Medal of Valor Review Board, 
for extraordinary valor above and beyond the call of duty. The Public 
Safety Medal of Valor is the highest national award for valor by a 
public safety officer.</DELETED>

<DELETED>SEC. 3. MEDAL OF VALOR REVIEW BOARD.</DELETED>

<DELETED>    (a) Establishment of Board.--There is hereby established a 
Medal of Valor Review Board (hereafter in this Act referred to as the 
``Board''), which shall be composed of 11 members appointed in 
accordance with subsection (b), and shall conduct its business in 
accordance with this Act.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) Members.--The members of the Board shall be 
        individuals with knowledge or expertise, whether by experience 
        or training, in the field of public safety, of which--
        </DELETED>
                <DELETED>    (A) two shall be appointed by the Majority 
                Leader of the Senate;</DELETED>
                <DELETED>    (B) two shall be appointed by the Minority 
                Leader of the Senate;</DELETED>
                <DELETED>    (C) two shall be appointed by the Speaker 
                of the House of Representatives;</DELETED>
                <DELETED>    (D) two shall be appointed by the Minority 
                Leader of the House of Representatives; and</DELETED>
                <DELETED>    (E) three shall be appointed by the 
                President, including one with experience in 
                firefighting, one with experience in law enforcement, 
                and one with experience in emergency 
                services.</DELETED>
        <DELETED>    (2) Term.--The term of a Board member shall be 4 
        years.</DELETED>
        <DELETED>    (3) Vacancies.--Any vacancy in the membership of 
        the Board shall not affect the powers of the Board and shall be 
        filled in the same manner as the original 
        appointment.</DELETED>
        <DELETED>    (4) Operation of the board.--</DELETED>
                <DELETED>    (A) Meetings.--The Board shall meet at the 
                call of the Chairman, who shall be elected by the 
                Board, and shall meet not less than twice each year. 
                The initial meeting of the Board shall be conducted not 
                later than 90 days after the appointment of the last 
                member of the Board.</DELETED>
                <DELETED>    (B) Voting and rules.--A majority of the 
                members shall constitute a quorum to conduct business, 
                but the Board may establish a lesser quorum for 
                conducting hearings scheduled by the Board. The Board 
                may establish by majority vote any other rules for the 
                conduct of the Board's business, if such rules are not 
                inconsistent with this Act or other applicable 
                law.</DELETED>
<DELETED>    (c) Duties.--The Board shall select candidates as 
recipients of the Medal of Valor from among applications received by 
the National Medal Office. Not more than once each year, the Board 
shall present to the Attorney General the name or names of persons it 
recommends as Medal of Valor recipients. In a given year, the Board is 
not required to select any recipients, but is limited to a maximum 
number of 10 recipients. The Attorney General may in extraordinary 
cases increase the number of recipients in a given year. The Board 
shall set an annual timetable for fulfilling its duties under this 
Act.</DELETED>
<DELETED>    (d) Hearings.--</DELETED>
        <DELETED>    (1) In general.--The Board may hold such hearings, 
        sit and act at such times and places, administer such oaths, 
        take such testimony, and receive such evidence as the Board 
        considers advisable to carry out its duties.</DELETED>
        <DELETED>    (2) Witness expenses.--Witnesses requested to 
        appear before the Board may be paid the same fees as are paid 
        to witnesses under section 1821 of title 28, United States 
        Code. The per diem and mileage allowances for witnesses shall 
        be paid from funds appropriated to the Board.</DELETED>
<DELETED>    (e) Information From Federal Agencies.--The Board may 
secure directly from any Federal department or agency such information 
as the Board considers necessary to carry out its duties. Upon the 
request of the Board, the head of such department or agency may furnish 
such information to the Board.</DELETED>
<DELETED>    (f) Information To Be Kept Confidential.--The Board shall 
not disclose any information which may compromise an ongoing law 
enforcement investigation or is otherwise required by law to be kept 
confidential.</DELETED>

<DELETED>SEC. 4. BOARD PERSONNEL MATTERS.</DELETED>

<DELETED>    (a) Compensation of Board Members.--</DELETED>
        <DELETED>    (1) Non-government.--Except as provided in 
        paragraph (2), each member of the Board shall be compensated at 
        a rate equal to the daily equivalent of the annual rate of 
        basic pay prescribed for level IV of the Executive Schedule 
        under section 5315 of title 5, United States Code, for each day 
        (including travel time) during which such member is engaged in 
        the performance of the duties of the Board.</DELETED>
        <DELETED>    (2) Government.--All members of the Board who 
        serve as officers or employees of the United States, a State, 
        or local government, shall serve without compensation in 
        addition to that received for those services.</DELETED>
<DELETED>    (b) Travel Expenses.--The members of the Board shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter 1 of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of service for the 
Board.</DELETED>

<DELETED>SEC. 5. NATIONAL MEDAL OFFICE.</DELETED>

<DELETED>    There is established within the Department of Justice a 
national medal office. The office shall generally support the Board and 
shall, with the concurrence of the Board, establish criteria and 
procedures for the submission of recommendations of nominees for the 
Medal of Valor.</DELETED>

<DELETED>SEC. 6. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this Act--</DELETED>
        <DELETED>    (1) the term ``public safety officer'' means a 
        person serving a public agency, with or without compensation, 
        as a firefighter, law enforcement officer (including a 
        corrections or court officer or a civil defense officer), or 
        emergency services officer, as defined by the Attorney General 
        in implementing this Act; and</DELETED>
        <DELETED>    (2) the term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, and the Commonwealth of the Northern Mariana 
        Islands.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated to the Attorney 
General such sums as may be necessary to carry out this Act.</DELETED>

<DELETED>SEC. 8. CONFORMING REPEAL.</DELETED>

<DELETED>    Section 15 of the Federal Fire Prevention and Control Act 
of 1974 is repealed.</DELETED>

<DELETED>SEC. 9. CONSULTATION REQUIREMENT.</DELETED>

<DELETED>    The Attorney General shall consult with the Institute of 
Heraldry within the Department of Defense regarding the design and 
artistry of the Medal of Valor. The Attorney General shall also 
consider suggestions received by the Department of Justice regarding 
the design of the medal, including those made by persons not employed 
by the Department.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Safety Officer Medal of Valor 
Act of 2001''.

SEC. 2. AUTHORIZATION OF MEDAL.

    After September 1, 2001, the President may award, and present in 
the name of Congress, a Medal of Valor of appropriate design, with 
ribbons and appurtenances, to a public safety officer who is cited by 
the Attorney General, upon the recommendation of the Medal of Valor 
Review Board, for extraordinary valor above and beyond the call of 
duty. The Public Safety Medal of Valor shall be the highest national 
award for valor by a public safety officer.

SEC. 3. MEDAL OF VALOR BOARD.

    (a) Establishment of Board.--There is established a Medal of Valor 
Review Board (hereinafter in this Act referred to as the ``Board''), 
which shall be composed of 11 members appointed in accordance with 
subsection (b) and shall conduct its business in accordance with this 
Act.
    (b) Membership.--
            (1) Members.--The members of the Board shall be individuals 
        with knowledge or expertise, whether by experience or training, 
        in the field of public safety, of which--
                    (A) two shall be appointed by the majority leader 
                of the Senate;
                    (B) two shall be appointed by the minority leader 
                of the Senate;
                    (C) two shall be appointed by the Speaker of the 
                House of Representatives;
                    (D) two shall be appointed by the minority leader 
                of the House of Representatives; and
                    (E) three shall be appointed by the President, 
                including one with experience in firefighting, one with 
                experience in law enforcement, and one with experience 
                in emergency services.
            (2) Term.--The term of a Board member shall be 4 years.
            (3) Vacancies.--Any vacancy in the membership of the Board 
        shall not affect the powers of the Board and shall be filled in 
        the same manner as the original appointment.
            (4) Operation of the board.--
                    (A) Chairman.--The Chairman of the Board shall be 
                elected by the members of the Board from among the 
                members of the Board.
                    (B) Meetings.--The Board shall conduct its first 
                meeting not later than 90 days after the appointment of 
                the last member appointed of the initial group of 
                members appointed to the Board. Thereafter, the Board 
                shall meet at the call of the Chairman of the Board. 
                The Board shall meet not less often than twice each 
                year.
                    (C) Voting and rules.--A majority of the members 
                shall constitute a quorum to conduct business, but the 
                Board may establish a lesser quorum for conducting 
                hearings scheduled by the Board. The Board may 
                establish by majority vote any other rules for the 
                conduct of the Board's business, if such rules are not 
                inconsistent with this Act or other applicable law.
    (c) Duties.--The Board shall select candidates as recipients of the 
Medal of Valor from among those applications received by the National 
Medal of Valor Office. Not more often than once each year, the Board 
shall present to the Attorney General the name or names of those it 
recommends as Medal of Valor recipients. In a given year, the Board 
shall not be required to select any recipients but may not select more 
than 5 recipients. The Attorney General may in extraordinary cases 
increase the number of recipients in a given year. The Board shall set 
an annual timetable for fulfilling its duties under this Act.
    (d) Hearings.--
            (1) In general.--The Board may hold such hearings, sit and 
        act at such times and places, administer such oaths, take such 
        testimony, and receive such evidence as the Board considers 
        advisable to carry out its duties.
            (2) Witness expenses.--Witnesses requested to appear before 
        the Board may be paid the same fees as are paid to witnesses 
        under section 1821 of title 28, United States Code. The per 
        diem and mileage allowances for witnesses shall be paid from 
        funds appropriated to the Board.
    (e) Information From Federal Agencies.--The Board may secure 
directly from any Federal department or agency such information as the 
Board considers necessary to carry out its duties. Upon the request of 
the Board, the head of such department or agency may furnish such 
information to the Board.
    (f) Information To Be Kept Confidential.--The Board shall not 
disclose any information which may compromise an ongoing law 
enforcement investigation or is otherwise required by law to be kept 
confidential.

SEC. 4. BOARD PERSONNEL MATTERS.

    (a) Compensation of Members.--(1) Except as provided in paragraph 
(2), each member of the Board shall be compensated at a rate equal to 
the daily equivalent of the annual rate of basic pay prescribed for 
level IV of the Executive Schedule under section 5315 of title 5, 
United States Code, for each day (including travel time) during which 
such member is engaged in the performance of the duties of the Board.
    (2) All members of the Board who serve as officers or employees of 
the United States, a State, or a local government, shall serve without 
compensation in addition to that received for those services.
    (b) Travel Expenses.--The members of the Board shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of service for the Board.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Public safety officer.--The term ``public safety 
        officer'' means a person serving a public agency, with or 
        without compensation, as a firefighter, law enforcement 
        officer, or emergency services officer, as determined by the 
        Attorney General. For the purposes of this paragraph, the term 
        ``law enforcement officer'' includes a person who is a 
        corrections or court officer or a civil defense officer.
            (2) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, and the Commonwealth of the Northern Mariana Islands.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Attorney General 
such sums as may be necessary to carry out this Act.

SEC. 7. NATIONAL MEDAL OF VALOR OFFICE.

    There is established within the Department of Justice a National 
Medal of Valor Office. The Office shall provide staff support to the 
Board to establish criteria and procedures for the submission of 
recommendations of nominees for the Medal of Valor and for the final 
design of the Medal of Valor.

SEC. 8. CONFORMING REPEAL.

    Section 15 of the Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2214) is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection (a):
    ``(a) Establishment.--There is hereby established an honorary award 
for the recognition of outstanding and distinguished service by public 
safety officers to be known as the Director's Award For Distinguished 
Public Safety Service (`Director's Award').'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1); and
                    (B) by striking ``(2)'';
            (3) by striking subsections (c) and (d) and redesignating 
        subsections (e), (f), and (g) as subsections (c), (d), and (e), 
        respectively; and
            (4) in subsection (c), as so redesignated--
                    (A) by striking paragraph (1); and
                    (B) by striking ``(2)''.

SEC. 9. CONSULTATION REQUIREMENT.

    The Board shall consult with the Institute of Heraldry within the 
Department of Defense regarding the design and artistry of the Medal of 
Valor. The Board may also consider suggestions received by the 
Department of Justice regarding the design of the medal, including 
those made by persons not employed by the Department.




                                                        Calendar No. 37

107th CONGRESS

  1st Session

                                 S. 39

_______________________________________________________________________

                                 A BILL

  To provide a national medal for public safety officers who act with 
 extraordinary valor above and beyond the call of duty, and for other 
                               purposes.

_______________________________________________________________________

                              May 10, 2001

                       Reported with an amendment