[Congressional Record Volume 144, Number 118 (Wednesday, September 9, 1998)]
[House]
[Pages H7439-H7440]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1230
            PUBLIC SAFETY OFFICER MEDAL OF VALOR ACT OF 1998

  Mr. HUTCHINSON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R.4090) to provide for a national medal for public safety 
officers who act with extraordinary valor above and beyond the call of 
duty, as amended.
  The Clerk read as follows:

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Public Safety Officer Medal 
     of Valor Act of 1998''.

     SEC. 2. AUTHORIZATION OF MEDAL.

       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, on the advice of the Medal of 
     Valor Review Board, for extraordinary valor above and beyond 
     the call of duty.

     SEC. 3. BOARD.

       (a) Board.--There is established a permanent Medal of Valor 
     Review Board (hereinafter in this Act referred to as the 
     ``Board''). The Board shall--
       (1) be composed of 11 members appointed in accordance with 
     subsection (b); and
       (2) conduct its business in accordance with this Act.
       (b) Membership.--
       (1) In general.--The members of the Board shall be 
     appointed as follows:
       (A) 2 shall be appointed by the Speaker of the House of 
     Representatives.
       (B) 2 shall be appointed by the minority leader of the 
     House of Representatives.
       (C) 2 shall be appointed by the Majority Leader of the 
     Senate.
       (D) 2 shall be appointed by the Minority Leader of the 
     Senate.
       (E) 3 shall be appointed by the President, one of whom 
     shall have substantial experience in firefighting, one of 
     whom shall have substantial experience in law enforcement, 
     and one of whom shall have substantial experience in 
     emergency services.
       (2) Persons eligible.--The members of the Board shall be 
     individuals who have knowledge or expertise, whether by 
     experience or training, in the field of public safety.
       (3) Term.--The term of a Board member is 4 years.
       (4) 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.
       (5) Operation of the board.--
       (A) Meetings.--The Board shall meet at the call of the 
     Chairman and not less than twice each year. The initial 
     meeting of the Board shall be conducted not later than 30 
     days after the appointment of the last member of the Board.
       (B) Quorum; voting; rules.--A majority of the members of 
     the Board 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 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 is not 
     required to choose any names, but is limited to a maximum 
     number of 6 recipients. 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.

       For the purposes of this Act:
       (1) Public safety officer.--The term ``Public Safety 
     Officer'' has the same meaning given that term in section 
     1204 of the Omnibus Crime Control and Safe Streets Act of 
     1968.
       (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. OFFICE.

       There is established within the Department of Justice a 
     national medal office. The office shall staff the Medal of 
     Valor Review Board and establish criteria and procedures for 
     the submission of recommendations of nominees for the Medal 
     of Valor.

     SEC. 8. CONFORMING REPEAL.

       Section 15 of the Federal Fire Prevention and Control Act 
     of 1974 is repealed.

     SEC. 9. CONSULTATION REQUIREMENT.

       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.

  The SPEAKER pro tempore (Mr. Gillmor). Pursuant to the rule, the 
gentleman from Arkansas (Mr. Hutchinson) and the gentleman from 
Massachusetts (Mr. Frank) each will control 20 minutes.
  The Chair recognizes the gentleman from Arkansas (Mr. Hutchinson).


                             general leave

  Mr. HUTCHINSON. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arkansas?
  There was no objection.
  Mr. HUTCHINSON. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, last month we honored two men whose sacrifices right 
here in the Capitol were both shocking and supreme. Our two heroic 
Capitol Hill police officers, Detective John Gibson and Officer Jacob 
Chestnut, could never have imagined that tragic Friday morning that a 
violent gunman would take away their lives and destroy their families' 
dreams.
  The terrible truth is that each and every day a police officer dons 
that familiar blue uniform could be that officer's last day. In our 
hearts we all know this, and yet we allow ourselves to be lulled into 
complacency and to forget. But the spouses and children of a police 
officer can never forget. They must live with the daily fear of the 
sudden and painful disintegration of their family.
  When those greatest fears are realized and an officer is slain, we 
rightly honor him or her for that final sacrifice. Every year, we set 
aside one week to celebrate the lives and work of police officers 
slain, and we forever pay tribute to their memories by adding their 
name to the memorial wall.
  But is that enough? I believe that we can and should do more. In the 
military, we recognize many acts of heroism and valor with special 
medals and ribbons. As we are all aware, the Nation's highest combat 
medal, the Medal of Honor, is given to a member of the military who has 
demonstrated ``conspicuous gallantry and intrepidity at the risk of 
life above and beyond the call of duty.''
  The American public knows of this prestigious honor and of the many 
others bestowed by the military, for example the Purple Heart and the 
Silver Star. Yet we do not offer a similarly high honor to public 
safety officers.
  Mr. Speaker, today I bring before the House H.R. 4090, the ``Public 
Safety Officer Medal of Valor Act.'' It is long past due for the 
Federal Government to

[[Page H7440]]

pay tribute to acts of extraordinary valor committed by public safety 
officers. They gave their utmost and now so should their government in 
honoring them.
  H.R. 4090 will establish a medal given by the President in the name 
of the Congress to a public safety officer who is cited by the Attorney 
General for extraordinary valor above and beyond the call of duty. The 
legislation creates a Medal of Valor review board composed of 11 
members appointed by Congress and the President who will serve 4-year 
terms. The members of the board shall be persons with knowledge or 
expertise in the field of public safety. The board will be staffed by a 
new office within the Department of Justice called the National Medal 
Office. The board would be charged with reviewing the applications 
which the office receives each year, to select which names to present 
to the Attorney General as nominees for the Medal of Valor. They may 
conduct hearings and take testimony as necessary.
  In a given year, the board may choose not to select any names, but it 
is limited to no more than six per year. This way the medal is truly 
for extraordinary valor above and beyond the call of duty. I believe 
that limiting the number of medals given each year will help retain the 
high honor which I envision the award to represent.
  Mr. Speaker, White House supports passage of this long overdue 
legislation. And also I would like to thank the Fraternal Order of 
Police, the National Association of Police Organizations, the National 
Troopers Coalition, the National Law Enforcement Alliance of America, 
and the Federal Law Enforcement Officers Association for their support.
  Mr. Speaker, we all look forward to that momentous day when not one 
new name is added to the Law Enforcement Officers Memorial Wall. While 
we continue to nurture that hope, we will let this medal represent our 
gratitude and respect to heroic law enforcement officers all across 
this Nation. I urge my colleagues to pass H.R. 4090.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FRANK of Massachusetts. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I am very pleased on behalf of the minority to give my 
strong support to this legislation. The gentleman from Arkansas (Mr. 
Hutchinson), who is one of the sponsors, very eloquently outlined what 
the bill does.
  We have been the beneficiaries in recent years in particular of the 
excellent work done by law enforcement people. There is no greater 
responsibility for government than the protection of its citizens. 
Until fairly recently, there were serious gaps in our ability to 
provide that protection in many parts of this country. We still are not 
where we should be. But across this country there has been significant 
improvements in this government and State and local government's 
ability to protect its citizens against those who would prey on them. 
And, obviously, one of those entities most responsible for this are law 
enforcement officers.
  We have ended a sterile debate, I hope, as to whether we needed more 
law enforcement officers or better procedures. Obviously, the answer is 
both. And to a great extent we have had both. I do want to note that 
providing well-trained, well-equipped law enforcement officers in 
adequate numbers is a function of government. It is supported by taxes. 
It is one of those things which, if we are going to do it well we will 
have to have a government that has the resources to provide it, because 
this is not something that we can do in our own individual capacities.
  As part of that effort, it is entirely appropriate that we single out 
for a medal of this sort individual officers who from time to time show 
extraordinary valor. We should be very clear, there are no nonvalorous 
people in law enforcement. One does not strap on a weapon and put 
themselves out front as a target for the criminal element; one does not 
insert themselves as a shield between law-abiding citizens and their 
property and those who would viciously take advantage of it if they are 
not a person of valor.
  We saw that in the murder of those two brave officers here in the 
Capitol that my colleague alluded to. The first one noted, Officer 
Chestnut, was at his post and he was unfortunately the target. Because 
we say to law enforcement officials, ``Arm yourself and put yourself 
out there,'' and sadly we have no alternative to this, the vicious will 
get the first shot. So we do not mean to suggest by this that we are 
singling out those who are brave and not others. There is an inherent 
bravery in anyone who undertakes that job of being a law enforcement 
officer. And that is why it is appropriate that we talk here about 
extraordinary demonstrations of bravery.
  So as a way of honoring all those in law enforcement who literally 
put their lives at risk every single day to protect the rest of us, as 
we were so tragically reminded here, and to recognize as a mark of the 
gratitude of a generous society those extraordinary efforts, this is an 
entirely reasonable piece of legislation and I support it.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HUTCHINSON. Mr. Speaker, I thank the gentleman from Massachusetts 
(Mr. Frank) for his excellent words in support of this legislation, and 
I wholeheartedly agree with his comments.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arkansas (Mr. Hutchinson) that the House suspend the 
rules and pass the bill, H.R. 4090, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________