[Congressional Record Volume 147, Number 39 (Thursday, March 22, 2001)]
[House]
[Pages H1066-H1068]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            PUBLIC SAFETY OFFICER MEDAL OF VALOR ACT OF 2001

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 802) to authorize the Public Safety Officer Medal of 
Valor, and for other purposes, as amended.
  The Clerk read as follows:

                                H.R. 802

       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 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

[[Page H1067]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentleman from Virginia (Mr. 
Scott) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. 
Sensenbrenner).


                             General Leave

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on H.R. 802.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 802, the Public Safety Officer Medal of Valor Act 
of 2001, was introduced by the gentleman from Texas (Mr. Smith), 
chairman of the Subcommittee on Crime, together with the gentleman from 
Virginia (Mr. Scott), the ranking minority member of the Subcommittee 
on Crime.
  This bill establishes a National Medal of Valor to be awarded each 
year by the President in the name of Congress to public safety officers 
who have displayed the highest degree of valor in the performance of 
their duties.
  The bill is substantially similar to H.R. 802, introduced in the 
106th and 105th Congresses. In the 106th Congress, the Committee on the 
Judiciary reported H.R. 46 by voice vote, and the bill passed the House 
by a recorded vote of 412 to 2. In the 105th Congress, the committee 
reported H.R. 4090 by voice vote, and the House passed the bill by 
voice vote as well. Unfortunately, neither bill became law. H.R. 802 
presently before us was ordered favorably reported by voice vote out of 
the Committee on the Judiciary on March 8.
  Mr. Speaker, many countries award a national medal to public safety 
officers for heroism in the line of duty. Unfortunately, the United 
States does not. This bill would rectify that shortcoming. I believe it 
fitting and proper that our Nation honor those public safety officers 
who demonstrate the highest forms of heroism and valor in the course of 
their duties. I urge all of my colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise to join my colleagues in support of H.R. 802. I 
am a cosponsor of the bill, along with many other members of the 
Committee on the Judiciary. This bill would establish a public safety 
officer Medal of Valor to be awarded periodically to selected public 
safety officers for ``extraordinary valor above and beyond the call of 
duty.''
  It provides for the Department of Justice to solicit, to review, and 
to screen nominations from the law enforcement community for the award. 
Final decisions on the award would be made by the board, to be 
appointed by the President and bipartisan congressional leadership.
  The Public Safety Medal of Honor will be the highest national award 
for valor by a public safety officer. This bill will not only allow 
members of the public safety community to recognize extraordinary 
heroism within the profession, but will establish a mechanism giving 
that heroism the public recognition it deserves.
  I urge Members to vote for the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman 
from Texas (Mr. Smith).
  Mr. SMITH of Texas. Mr. Speaker, I thank the chairman of the 
Committee on the Judiciary for yielding me time.
  Mr. Speaker, many countries recognize their public safety officers 
with a national medal. In the United States, many State and local 
governments recognize extraordinary act of heroism by their public 
safety officers. At the Federal level, however, there is no national 
medal that may be awarded to public safety officers, regardless of 
which level of government employs them.
  Mr. Speaker, this bill will establish a medal to be given by the 
President to a public safety officer who has displayed extraordinary 
valor above and beyond the call of duty. The Attorney General will 
select the recipients of the medal, and no more than five medals may be 
awarded in any given year.
  Mr. Speaker, I am pleased that the Fraternal Order of Police, the 
National Troopers Coalition, the International Brotherhood of Police 
Officers, and the Federal Law Enforcement Officers Association, among 
others, support this legislation. I urge my colleagues to support it as 
well.
  Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this is an excellent award. The public safety officers 
to be considered will be fire fighters, law enforcement officers, and 
emergency service officers as determined by the Attorney General. This 
award is an extremely important award. I urge Members to support the 
legislation.
  Mr. BACA. Mr. Speaker, I rise in support of H.R. 802, the Public 
Safety Officer Medal of Valor Act. It is appropriate that the President 
award a medal to a law enforcement officer who has performed with 
bravery beyond the call of duty.
  Our public safety officers put their lives on the line each and every 
day, performing acts of selfless heroism.
  For this reason I was proud to sponsor legislation last year, which I 
am reintroducing this year, to provide low-cost housing to public 
safety workers in our communities.
  The families of police officers live in fear of a knock at the door, 
the cap carried silently in hand, as they are informed that an officer 
has paid a lasting price, made the ultimate sacrifice.
  Our men and women of law enforcement know of this very real 
possibility, and yet they strive to be the very best at protecting the 
public. As a husband, father, and grandfather, I am thankful that our 
law enforcement officers are there to keep our streets safe.
  I am grateful that if a home burns, our firefighters will selflessly 
speed to the scene, rescuing the injured, the trapped, the elderly, the 
inform.
  Our emergency personnel, who administered CPR, drive ambulances, and 
handle our medical emergencies are also to be saluted for all of their 
sacrifices.
  This bill is a fitting salute to members of law enforcement, and it 
deserves our strong support.
  Mr. HOYER. Mr. Speaker, I rise today in strong support of H.R. 802. 
This important piece of legislation will authorize our President to 
award the Medal of Valor to an outstanding public safety officer who 
has demonstrated valor above and beyond the call of duty. The Medal of 
Valor, which would be awarded to an outstanding firefighter, law 
enforcement official or emergency service provider, will shed a 
positive spotlight on professionals who risk their lives so that we can 
have a civil and safe society. Their achievements also are a reminder 
of the many ways in which public safety professionals are making our 
communities safer and better places to live every day.
  Mr. Speaker, each day the brave men and women in the areas of public 
safety serve every neighborhood, city, and state without looking for 
any recognition or awards, Although serving the public can be a 
thankless existence at times, I believe the time is long overdue to 
recognize and celebrate the achievements of our public safety officers. 
As the Co-Chair of the Congressional Fire Services Caucus and an active 
member of the Law Enforcement Caucus, I have the privilege of working 
with these modern-day heroes and heroines on issues that will 
ultimately assist them in making each and everyone of our communities a 
better place to live.

[[Page H1068]]

  Mr. Speaker, I urge all of my colleagues to send a strong message to 
our public safety officers by supporting this legislation.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in support of 
H.R. 802, Public Safety Officer Medal of Valor. I am pleased that this 
legislation has moved through the Congress on an expedited process. I 
have strongly supported similar legislation in the past and I am proud 
to do so again.
  H.R. 802 would establish a Public Safety Officer Medal of Valor to be 
awarded periodically to a selected public safety officer ``for 
extraordinary valor above and beyond the call of duty.'' The bill 
provides for the Department of Justice to solicit, review and screen 
nominations for the award. Final decisions on the award would be made 
by the board to be appointed by the President and both parties' 
congressional leadership.
  This bill would also possibly honor many fallen heroes of the Houston 
Police Department who were killed in the line of duty while protecting 
society. Officer like Troy Alan Blando assigned to the auto theft 
division, who was killed on May 19, 1999 when he was attempting to 
arrest a suspect driving a stolen Lexus. The suspect fired a 40 caliber 
Glock, striking Officer Blando once in the chest. Officer Blando made 
it back to his vehicle and radioed for back-up, giving other units his 
location and a description of the suspect. Officers arrived on the 
scene within seconds and arrested the fleeing suspect. Offer Blando 
died in route to Ben Taub Hospital. Officer Blando was a 19 year 
veteran of the Houston Police Department.
  Officer K.D. Kinkaid was killed on May 23, 1998 while he was off duty 
and driving in his truck with his wife. As they drove past an on-coming 
vehicle, an object struck the windshield of the truck. Officer Kinkaid 
turned around and followed the other vehicle. The other vehicle stopped 
and Officer Kinkaid exited his truck and approached the driver's side. 
Officer Kinkaid identified himself as a police officer and proceeded to 
question the suspects in the vehicle. One of the suspects shot Officer 
Kinkaid and they fled the scene in the vehicle. Officer Kinkaid died 
from the gunshot wound a few days later.
  Officer C.H. Trinh died on April 6, 1997 while working at his 
parents' convenience store when a man walked in and attempted to rob 
him. Officer Trinh was shot in the head and died at the scene. The 
suspect who was later caught, confessed to the killing, telling police 
he had entered the store with a handgun and jumped the counter. He 
stated that after taking some of Officer Trinh's jewelry, Tong demanded 
his wallet. When he saw Officer Trinh's police badge he got scared and 
shot the officer.
  Officer D.S. Erickson was killed on December 24, 1995 while she was 
working an extra job directing traffic outside a local church on 
Christmas Eve. She was struck by a passing vehicle. She was transported 
to the hospital but died during surgery.
  Officer G.P. Gaddis was murdered on January 31, 1994 by one of two 
suspects he was transporting to jail for aggravated robbery. Both 
suspects had been searched and handcuffed behind their backs prior to 
being placed in the back seat of the patrol car. One of the suspects 
wiggled his hands, still cuffed, to his front, and retrieved a .380 
hidden on his person. He then shot Officer Gaddis in the back of the 
head as he was driving down the road. The patrol car crashed into a 
house and the suspect escaped from the wrecked car, but was arrested a 
short distance away from the scene.
  These are some of the sorrowing stories of officers who have lost 
their lives in my home city of Houston. Presently, 95 police officers 
from the Houston Police Department have been killed in the line of 
duty.
  H.R. 802 is an important initiative because there are many officers 
that act heroically everyday but never receive their due credit. They 
must be recognized for their invaluable service because they accomplish 
so much for communities throughout the nation. These are important 
issues of substantial concern. For this reason, H.R. 802 has garnered 
bipartisan support by my colleagues.
  In the 106th Congress, a similar bill, H.R. 46, was marked up on 
March 24, 1999 in the Subcommittee on Crime of the Judiciary Committee. 
The bill was marked up by the Full Committee and was ordered to be 
reported by voice vote. The bill passed in the House and was later 
added into an omnibus Senate bill with several controversial 
provisions. While changes were made by the Senate to address 
objectionable parts of the bill so that it could be taken up in the 
House by unanimous consent, it was not brought before the House 
adjournment sine die. That was, obviously, unfortunate and can be 
rectified today.
  I urge my colleagues to support the legislation.
  Mr. SCOTT. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. SENSENBRENNER. 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 Wisconsin (Mr. Sensenbrenner) that the House suspend the 
rules and pass the bill, H.R. 802, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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