[House Report 105-667]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-667
_______________________________________________________________________


 
            PUBLIC SAFETY OFFICER MEDAL OF VALOR ACT OF 1998

                                _______
                                

 July 31, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


   Mr. McCollum, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4090]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred 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, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
  Purpose and Summary............................................     3
  Background and Need for Legislation............................     4
  Hearings.......................................................     5
  Committee Consideration........................................     5
  Vote of the Committee..........................................     5
  Committee Oversight Findings...................................     5
  Committee on Government Reform and Oversight Findings..........     6
  New Budget Authority and Tax Expenditures......................     6
  Congressional Budget Office Estimate (CBO Letter)..............     6
  Constitutional Authority Statement.............................     7
  Section-by-Section Analysis and Discussion.....................     7
  Changes in Existing Law Made by the Bill, as Reported..........     9

  The amendment is as follows:
  Strike out 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 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.

                          Purpose and Summary

    H.R. 4090, the Public Safety Officer Medal of Valor Act of 
1998,'' establishes a medal, given by the President in the name 
of the Congress of the United States, to a public safety 
officer who is recognized by the Attorney General for 
extraordinary valor above and beyond the call of duty. The 
Attorney General is limited to naming not more than six medal 
recipients in a given year.
    The legislation creates the Medal of Valor Review Board 
composed of eleven members appointed by Congress and the 
President. The members of the Review Board, who shall serve 
four year terms, shall be persons with knowledge or experience 
in the field of public safety, including firefighter, law 
enforcement and emergency services expertise. Each year, the 
Board will be charged with reviewing applications and 
determining which names to present to the Attorney General for 
approval. They may conduct hearings and take testimony as 
necessary. The Board will be staffed by a new office within the 
Department of Justice, known as the National Medal Office. The 
Committee expects that this office shall consist of a few 
persons who will be available to review material, acquire 
background information and otherwise assist the Medal of Valor 
Review Board.

                Background and Need for the Legislation

    At all levels of State and local government, extraordinary 
acts of heroism by public safety officers are rewarded with 
public recognition and praise. At the federal level, many 
agencies award their own medals to law enforcement officers who 
demonstrate heroism. For example, the Federal Bureau of 
Investigation gives a Medal of Valor for ``exceptional acts of 
heroism or voluntary risk of personal safety and life, and the 
act must have occurred in the direct line of duty or within the 
scope of FBI employment and in the face of criminal 
adversaries.'' The agency also gives the Shield of Bravery, the 
Medal of Meritorious Achievement, and the FBI Star. 
Additionally, the FBI Memorial Star is presented to a surviving 
relative of an honored fallen agent.
    Many other countries recognize their public safety officers 
with a national medal. Great Britain presents the ``Queen's 
Fire Service Medal'' and the ``Queen's Police Medal'' for 
public safety officers who commit acts of extraordinary 
heroism. Canada awards the ``Police Exemplary Service Medal'' 
and the ``Royal Canadian Mounted Police Long Service Medal.'' 
The ``Australian Police Medal'' is awarded for distinguished 
service, and India gives the ``Police Exemplary Service 
Medal.'' Many other countries, including France, Italy, Belgium 
and Korea, award public safety officers who commit acts of 
extraordinary heroism and valor with a national medal.
    H.R. 4090, the ``Public Safety Officer Medal of Valor,'' is 
an attempt to rectify the failure of the United States to award 
a national medal to public safety officers. The Committee notes 
that there was an earlier attempt to create such a prestigious 
award, but that legislation did not garner the enthusiasm and 
interest which the Committee expects will be generated by H.R. 
4090. H.R. 4090 repeals that earlier law, and replaces it with 
the new structure within the Department of Justice.
    The significance of this medal must also be viewed within 
the larger context of national medals. There are many national 
medals given out by the Federal Government to both military 
personnel and civilians for acts of heroism and bravery. 
Protocol regarding these awards is strictly observed, and 
military personnel are careful to wear medals properly and in 
order. The most famous of these is the Medal of Honor, ``given 
in the name of the Congress of the United States.'' (For this 
reason it is generally referred to as the Congressional Medal 
of Honor.) Also well-known are the ``crosses,'' i.e., the Navy 
Cross and the Distinguished Flying Cross. Other famous 
decorations include the Purple Heart and the Prisoner of War 
Medal. Many other medals are equally prestigious but less 
familiar to the general public.
    To be considered as a recipient of the Medal of Honor, a 
person must have demonstrated ``Conspicuous Gallantry and 
Intrepidity at the Risk of Life, Above and Beyond the Call of 
Duty, in Action Involving Actual Conflict with an Opposing 
Armed Force.'' The Medal of Honor is unique in many respects: 
it is the only medal presented by the President; it is worn 
around the neck; and receipt qualifies the honoree for a 
special lifetime pension. To be considered for the 
Distinguished Service Cross, a person must demonstrate 
``Extraordinary Heroism in Connection with Military Operations 
Against an Opposing Armed Force.'' The Silver Star, awarded for 
``Gallantry in Action Against an Opposing Armed Force,'' stands 
as the United States'' third highest award for combat valor. 
Significantly, the Federal Government does not award a medal of 
such high caliber to public safety officers who commit 
comparable acts of heroism and bravery.
    H.R. 4090 requires the Attorney General to consider 
suggestions received by the Department of Justice regarding the 
design of the medal. However, the Attorney General is not 
obligated to make any changes based on such suggestions, nor is 
the Attorney General required to respond to any submitted 
proposals. However, the Attorney General is required to consult 
with the Institute of Heraldry within the Department of Defense 
regarding the appropriate design, shape, size, and color of the 
medal, as well as any other issues the Institute may raise. As 
the office charged with creation of nearly every medal or seal 
awarded or used by the Federal Government, including all 
military medals, the Institute of Heraldry is uniquely 
positioned to aid the Attorney General with the creation of 
this medal. The Institute can help ensure that the Medal of 
Valor will not conflict with any previously created medal.
    The Fraternal Order of Police, the National Association of 
Police Organizations, the National Troopers Coalition, the Law 
Enforcement Alliance of America, and the Federal Law 
Enforcement Officers Association support passage of this 
legislation.

                                Hearings

    The Committee's Subcommittee on Crime held one day of 
hearings on ``Congressional Recognition for Acts of Exceptional 
Valor by Public Safety Officers,'' on May 14, 1998. Testimony 
was received from five witnesses, representing five 
organizations.

                        Committee Consideration

    On June 19, 1998, the Subcommittee on Crime met in open 
session and ordered reported favorably a Committee Print, which 
was later introduced as H.R. 4090, by a voice vote, a quorum 
being present. On July 16, 1998, the Committee met in open 
session and ordered reported favorably the bill H.R. 4090 with 
amendment by voice vote, a quorum being present.

                         Vote of the Committee

    There were no recorded votes.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House Rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets forth 
H.R. 4090, the following estimate and comparison prepared by 
the Director of the Congressional Budget Office under section 
403 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 24, 1998.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4090, Public 
Safety Officer Medal of Valor Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Mark 
Grabowicz and Joanna Wilson.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

H.R. 4090--Public Safety Officer Medal of Valor Act of 1998

    H.R. 4090 would authorize the award of a medal to public 
safety officers cited by the Attorney General for extraordinary 
valor above and beyond the call of duty. The bill would create 
a Medal of Valor Review Board composed of 11 members appointed 
by the Congress and the President. The board would be supported 
by a new office within the Department of Justice. It would be 
authorized to conduct hearings and collect information from 
federal agencies to evaluate the applications of prospective 
recipients and could recommend up to six candidates to the 
Attorney General each year.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 4090 would cost roughly 
$250,000 annually. CBO assumes that the board would rely 
primarily on hearings and testimony provided by witnesses and 
would meet no more than 10 days each year. We expect that the 
new office at the Department of Justice would provide only 
administrative services. The bill would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply.
    H.R. 4090 contains no intergovernmental or private-sector 
mandates as defined in Unfunded Mandates Reform Act and would 
have no impact on state, local, or tribal governments.
    The CBO staff contacts for this estimate are Mark Grabowicz 
and Joanna Wilson. This estimate was approved by Paul N. Van de 
Water, Assistant Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to rule XI, clause 2(l)(4) of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, section 8 of the Constitution.

                      Section-by-Section Analysis

Sec. 1. Short title

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

Sec. 2. Authorization of Medal

    This section establishes the Medal of Valor. It states that 
the President may award, and present in the name of the 
Congress of the United States, a medal 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

    Subsection (a) establishes a permanent Medal of Valor 
Review Board composed of eleven members.
    Subsection (b) describes who shall be eligible for Board 
membership. The Board shall be composed of persons who have 
knowledge or expertise in the field of public safety, and 
members shall serve four year terms. Board members shall be 
appointed as follows: two by the Speaker of the House of 
Representatives; two by the Minority Leader of the House of 
Representatives; two by the Majority Leader of the Senate; two 
by the Minority Leader of the Senate; and three by the 
President of the United States. The President is required to 
appoint one person who has substantial experience in 
firefighting, one person who has substantial experience in law 
enforcement, and one person who has substantial experience in 
emergency services. The Committee intends that this limitation 
on the President's choices will ensure that all segments of 
public safety are represented byat least one member on the 
Review Board. 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 thirty days after the appointment of the last 
member of the Board.
    Subsection (c) directs the Board to select candidates as 
recipients of the Medal of Valor from among those applications 
received by the National Medal Office. Once each year, the 
Board shall present the name or names of those persons it 
recommends to the Attorney General. In a given year, the Board 
is not required to select any names, but also is limited to 
selecting not more than six nominees.
    Subsection (d) permits the Board to hold hearings, sit and 
act at such times and places, administer such oaths, and take 
such testimony and evidence as it considers advisable to carry 
out its duties. Witnesses requested to appear before the Board 
may be paid the same fees as are paid to witnesses under 
Sec. 1821, title 28, United States Code. The per diem and 
milage allowances for witnesses shall be paid from funds 
appropriated to the Board.
    Subsections (e) and (f) permit the Board to request any 
information it deems necessary from any Federal department or 
agency. A department or agency which provides information to 
the Board may require that the information be kept 
confidential. The Committee intends that this provision will 
allow potential recipients or other appropriate persons to 
testify before the Board without fear that sensitive law 
enforcement information will become available to the public.

Sec. 4. Board Personnel Matters

    This section provides that each member of the Board shall 
be compensated at a rate equal to the daily equivalent of the 
annual rate of basic pay prescribed under Sec. 5315, 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. However, 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. 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

    This section defines ``public safety officer'' and 
``state'' for purposes of this legislation.

Sec. 6. Authorization of Appropriations

    This section authorizes to be appropriated to the Attorney 
General such sums as may be necessary.

Sec. 7. Office

    This section establishes 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. The Committee expects that only a small number of staff 
will be necessary to carry out the purposes of this Act.

Sec. 8. Conforming Repeal

    This section repeals section 15 of the Federal Fire 
Prevention and Control Act of 1974. The Committee intends this 
legislation to replace that earlier attempt by Congress to 
create a national medal for law enforcement, and thus, this 
section is necessary as a conforming change.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets):

   SECTION 15 OF THE FEDERAL FIRE PREVENTION AND CONTROL ACT OF 1974

                         [public safety awards

  [Sec. 15. (a) Establishment.--There are hereby established 
two classes of honorary awards for the recognition of 
outstanding and distinguished service by public safety 
officers--
          [(1) the President's Award for Outstanding Public 
        Safety Service (``President's Award''); and
          [(2) the Secretary's Award For Distinguished Public 
        Safety Service (``Secretary's Award'').
  [(b) Description.--(1) The President's Award shall be 
presented by the President of the United States to public 
safety officers for extraordinary valor in the line of duty or 
for outstanding contribution to public safety.
  [(2) The Secretary's Award shall be presented by the 
Secretary or by the Attorney General to public safety officers 
for distinguished service in the field of public safety.
  [(c) Selection.--The Secretary and the Attorney General shall 
advise and assist the President in the selection of individuals 
to whom the President's Award shall be tendered and in the 
course of performing such duties they shall seek and review 
nominations for such awards which are submitted to them by 
Federal, State, county, and local government officials. They 
shall annually transmit to the President the names of those 
individuals determined by them to merit the award, together 
with the reasons therefor. Recipients of the President's Award 
shall be selected by the President.
  [(d) Limitation.--(1) There shall not be presented in any one 
calendar year in excess of twelve President's Awards.
  [(2) There shall be no limitation on the number of 
Secretary's Awards presented.
  [(e) Award.--(1) Each President's Award shall consist of--
          [(A) a medal suitably inscribed, bearing such devices 
        and emblems, and struck from such material as the 
        Secretary of the Treasury, after consultation with the 
        Secretary and the Attorney General deems appropriate. 
        The Secretary of the Treasury shall cause the medal to 
        be struck and furnished to the President; and
          [(B) an appropriate citation.
  [(2) Each Secretary's Award shall consist of an appropriate 
citation.
  [(f) Regulations.--The Secretary and the Attorney General are 
authorized and directed to issue jointly such regulations as 
may be necessary to carry out this section.
  [(g) Definitions.--As used in this section, the term ``public 
safety officer'' means a person serving a public agency, with 
or without compensation, as--
          [(1) a firefighter;
          [(2) a law enforcement officer, including a 
        corrections or court officer; or
          [(3) a civil defense officer.]

                                
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