[Congressional Record Volume 147, Number 65 (Monday, May 14, 2001)]
[Senate]
[Pages S4896-S4897]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            PUBLIC SAFETY OFFICER MEDAL OF VALOR ACT OF 2001

  Mr. JEFFORDS. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of Calendar No. 37, S. 39.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The assistant legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     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

[[Page S4897]]

       (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.

  Mr. LEAHY. Mr. President, I am pleased that the Senate is taking up 
the Public Safety Officer Medal of Valor Act, S. 39, which was 
introduced by Senator Stevens, and its House counterpart, H.R. 802, 
which already passed the House of Representatives in March. I am proud 
to be a cosponsor of this important piece of legislation.
  I congratulate Senator Stevens for introducing the measure and thank 
him for his leadership. We had worked together on a number of law 
enforcement matters and the senior Senator from Alaska is a stalwart 
supporter of the men and women who put themselves at risk to protect us 
all. I looked forward to enactment of this measure and to seeing the 
extraordinary heroism of our police, firefighters and correctional 
officers recognized with the Medal of Valor.
  On May 18, 1999, I was privileged to be on the floor of the Senate 
when we proceeded to consider S. 39 and passed it unanimously. I took 
that occasion to commend Senator Stevens and all who had worked so hard 
to move this measure in a timely way. That was almost two years ago, 
during National Police Week of 1999. The measure was sent to the House 
where it lay dormant for the rest of the last Congress. That delay was 
most unfortunate.
  Again, in this Congress, I have worked with Senator Stevens, Senator 
Hatch, and others to prefect the final version of this bill and finally 
get it enacted into law. We have crafted bipartisan improvements to 
ensure that the Medal of Valor Board will work effectively and 
efficiently with the National Medal of Valor Office within the 
Department of Justice. Our legislation should establish both of these 
entities and it is essential that they work well together to design the 
Medal of Valor and to create the criteria and procedures for 
recommendations of nominees for the award. The men and women who will 
be honored by the Medal of Valor for their brave deeds deserve nothing 
less.
  I look forward to the President signing the Public Safety Officer 
Medal of Valor Act into law.
  Mr. JEFFORDS. Mr. President, I ask unanimous consent that the 
committee substitute be agreed to, the bill be read the third time and 
passed, the motion to reconsider be laid upon the table, and that any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 39), as amended, was read the third time and passed.

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