[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.]

                                
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