[House Report 106-83]
[From the U.S. Government Publishing Office]
106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-83
=======================================================================
PUBLIC SAFETY OFFICER MEDAL OF VALOR ACT OF 1999
_______
April 12, 1999.--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. 46]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 46) 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 without amendment and recommend that the bill
do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Vote of the Committee............................................ 4
Committee Oversight Findings..................................... 4
Committee on Government Reform Findings.......................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Estimate (CBO Letter)................ 4
Constitutional Authority Statement............................... 5
Section-by-Section Analysis and Discussion....................... 5
Changes in Existing Law Made by the Bill, as Reported............ 7
Purpose and Summary
H.R. 46, the ``Public Safety Officer Medal of Valor Act of
1999,'' establishes a medal, given by the President in the name
of the United States Congress, 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. 46, 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.
46. This legislation 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. 46 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, the International Brotherhood
of Police Officers, and the Federal Law Enforcement Officers
Association support passage of this legislation.
Hearings
No hearings were held on H.R. 46. In the 105th Congress,
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 March 24, 1999, the Committee met in open session and
ordered favorably reported the bill H.R. 46 without amendment
by voice vote, a quorum being present.
Vote of the Committee
There were no recorded votes.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII 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 Findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 3(c)(4) of rule XIII of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 46, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 26, 1999.
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. 46, the Public
Safety Officer Medal of Valor Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 46--Public Safety Officer Medal of Valor Act of 1999
H.R. 46 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. 46 would cost about $250,000
annually. CBO assumes tht 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 spending or receipts;
therefore, pay-as-you-go procedures would not apply.
H.R. 46 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would have no impact on the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Mark Grabowicz.
This estimate was approved by Robert A. Sunshine, Deputy
Assistant Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII 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
Secion 1 Short Title: This section states that this Act may
be cited as the ``Public Safety Officer Medal of Valor Act of
1999.''
Secion 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.
Secion 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 by at 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.
Section 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.
Section 5. Definitions: This section defines ``public
safety officer'' and ``state'' for purposes of this
legislation. The Committee intends that this legislation shall
encompass all levels of federal, state and local law
enforcement, including State Department Diplomatic Security
Service personnel.
Section 6. Authorization of Appropriations: This section
authorizes to be appropriated to the Attorney General such sums
as may be necessary.
Section 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.
Section 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.
Section 9. Consultation Requirement: This section directs
the Attorney General to consult with the Institute of Heraldry
within the Department of Defense regarding the design and
artistry of the Medal of Valor. The Attorney General is also
permitted, but not required, to consider suggestions received
by the Department of Justice from the public regarding the
design of the medal.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) 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 and
existing law in which no change is proposed is shown in roman):
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.]