[House Report 107-15]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     107-15

======================================================================



 
            PUBLIC SAFETY OFFICER MEDAL OF VALOR ACT OF 2001

                                _______
                                

 March 12, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 802]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 802) to authorize the Public Safety Officer Medal of 
Valor, and for other purposes, 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 the Legislation..........................     2
Hearings.........................................................     4
Committee Consideration..........................................     4
Vote of the Committee............................................     4
Committee Oversight Findings.....................................     4
Performance Goals and Objectives.................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     5
Constitutional Authority Statement...............................     5
Section-by-Section Analysis and Discussion.......................     6
Changes in Existing Law Made by the Bill, as Reported............     7

                          Purpose and Summary

    H.R. 802, the ``Public Safety Officer Medal of Valor Act of 
2001,'' establishes a national medal, to be given by the 
President in the name of the United States Congress, to public 
safety officers who display extraordinary valor above and 
beyond the call of duty. The Public Safety Medal of Valor will 
be the highest national award for valor by a public safety 
officer. The Attorney General will select the recipients of the 
medal each year and may select not more than five recipients in 
any year. The legislation creates a Medal of Valor Review 
Board, composed of members appointed by Congress and the 
President, to make recommendations to the Attorney General as 
to persons deserving of the medal. The Board will be staffed by 
a new office within the Department of Justice known as the 
National Medal of Valor Office.

                Background and Need for the Legislation

    There are many national medals given out by the Federal 
Government to both military personnel and civilians for acts of 
heroism and bravery. The first medals were awarded during the 
Revolutionary War when Congress voted to award gold medals to 
outstanding military leaders.\1\
---------------------------------------------------------------------------
    \1\ Frank C. Foster and Lawrence H. Borts, U.S. Military Medals 
1939 to Present 5 (1994)
---------------------------------------------------------------------------
    The Presidential Medal of Freedom is, perhaps, the most 
well-known civilian medal.\2\ Of course, medals are most often 
given by the military to its members. Several awards for valor 
are authorized, with specific conditions placed on the awarding 
of the medal. 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, established during the Civil War, and which is ``given 
in the name of the Congress of the United States.'' For this 
reason it is generally referred to, erroneously, as the 
Congressional Medal of Honor. Also well-known are the Navy 
Cross and the Distinguished Service Cross. Other famous 
decorations include the Silver Star, the Bronze Star Medal, and 
the Purple Heart.
---------------------------------------------------------------------------
    \2\ See generally, Evans Kerrigan, American Medals and Decorations 
(1990).
---------------------------------------------------------------------------
    To be considered to receive 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 military medal always presented by the President; it 
is the only military medal 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.\3\
---------------------------------------------------------------------------
    \3\ Foster, at 16-19; Kerrigan at 9-18.
---------------------------------------------------------------------------
    As well known as these medals are, and while they have long 
been awarded to members of the military, the Federal Government 
does not award a medal of such significance to public safety 
officers who commit comparable acts of heroism and bravery. 
Many individual Federal agencies do award medals to their law 
enforcement officers who demonstrate heroism. For example, the 
Federal Bureau of Investigation awards 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 to its employees for acts of heroism and 
meritorious achievement. At all levels of State and local 
government, extraordinary acts of heroism by public safety 
officers also are rewarded with public recognition and praise.
    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.
    Yet, there is no American national medal for valor by non-
military personnel. In the 105th Congress, legislation was 
introduced by Rep. Bill McCollum (R-FL) to establish such a 
medal. That bill (H.R. 4090) was passed by the House by voice 
vote but did not become law. In the 106th Congress, similar 
legislation (H.R. 46) was also introduced by Rep. McCollum and 
passed by the House by a recorded vote of 412-2. While that 
bill also passed the Senate, it was significantly amended in 
that body by the adoption of several non-germane amendments. 
The 106th Congress adjourned before the House act on those 
amendments to H.R. 46.
    H.R. 802, the ``Public Safety Officer Medal of Valor Act of 
2001,'' is an attempt to rectify the lack of a national medal 
of valor for public safety officers. The bill establishes a 
national medal, to be given by the President in the name of the 
United States Congress, to a public safety officer who has 
displayed extraordinary valor above and beyond the call of 
duty. Under the bill, the Attorney General is charged with 
selecting the recipients of the medal and is limited to 
selecting not more than five recipients in a given year. In 
extraordinary circumstances, however, the Attorney General may 
increase the number of medals to be awarded in a particular 
year.
    The legislation creates a Medal of Valor Review Board 
composed of eleven members appointed by Congress and the 
President. The members of the Review Board, who shall serve 4 
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 of Valor 
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.
    H.R. 802 requires the Attorney General to consult with the 
Institute of Heraldry within the Department of Defense 
regarding theappropriate 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 bill also requires the Attorney General to consider 
suggestions received by the Department of Justice regarding the design 
of the medal, including suggestions received by person not employed by 
the Department. The Attorney General is not obligated to make any 
changes based on such suggestions, however, nor is the Attorney General 
required to respond to any submitted proposals.
    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 the bill, H.R. 802 in the 107th 
Congress. The Committee's Subcommittee on Crime held hearings 
on similar bills in the 106th and 105th Congresses.

                        Committee Consideration

    On March 8, 2001, the Committee met in open session and 
ordered favorably reported the bill H.R. 802 without amendment 
by voice vote, a quorum being present.

                         Vote of the Committee

    No recorded votes were taken on the bill, H.R. 802.

                      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.

                    Performance Goals and Objectives

    The Committee sets as a performance goal that the President 
award at least one Public Safety Office Medal of Valor each 
year. The Committee sets as a performance objective for the 
National Medal of Valor Review Board that the Board meet at 
least once each year to review nominations for the medal. The 
Committee sets as a performance objective for the National 
Medal of Valor Office that all nominations received in a year 
be reviewed by staff, and investigated to the extent 
appropriate.

               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. 802, 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 9, 2001.
Hon. F. James Sensenbrenner, Jr., 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. 802, the Public 
Safety Officer Medal of Valor Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure.

H.R. 802--Public Safety Officer Medal of Valor Act of 2001.

    H.R. 802 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 five candidates to the 
Attorney General each year.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 802 would cost about $250,000 
annually. CBO expects 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. 802 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, 
who can be reached at 226-2860. This estimate was approved by 
Robert A. Sunshine, 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, clause 3 of the 
Constitution.

               Section-by-Section Analysis and Discussion

    Section 1. Short Title. This section states that this act 
may be cited as the ``Public Safety Officer Medal of Valor Act 
of 2001.''
    Section 2. Authorization of Medal. This section establishes 
the Medal of Valor. It provides 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. It also 
makes it clear that this medal is to be the highest national 
award for valor by a public safety officer.
    Section 3. Medal of Valor 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 4 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 90 days after the 
appointment of the last member of the initial group of members 
appointed to 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 five nominees. In extraordinary cases, 
the Attorney General may increase this number.
    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 appearing before the Board are to be 
paid per diem andmileage allowances as provided in title 28 of 
the Untied States Code, 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. The Board is required to keep confidential information 
regarding an on-going investigation or which is otherwise 
required to be kept confidential by law. 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 section 5315 of title 5 of the 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. Section 5 of the bill defines the 
terms ``public safety officer'' and ``state'' as used in the 
bill.
    Section 6. Authorization of Appropriations. This section 
authorizes to be appropriated to the Attorney General such sums 
as may be necessary to carry out the act.
    Section 7. National Medal of Valor Office. This section 
establishes within the Department of Justice a National Medal 
of Valor Office. The office is to provide staff support to 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, new 
matter is printed in italics, 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 Director's Award For Distinguished Public 
        Safety Service (``Director's Award'').]
    (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 
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 Director's Award shall be presented by the 
Director or by the Attorney General to public safety officers 
for distinguished service in the field of public safety.
    [(c) Selection.--The Director 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 
Director's Awards presented.]
    [(e)] (c) 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 Director 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 Director's Award shall consist of an appropriate 
citation.
    [(f)] (d) Regulations.--The Director and the Attorney 
General are authorized and directed to issue jointly such 
regulations as may be necessary to carry out this section.
    [(g)] (e) 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.



                            BUSINESS MEETING

                        THURSDAY, MARCH 8, 2001

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The committee met, pursuant to notice, at 10 a.m., in Room 
2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner (chairman of the committee) presiding.
    Pursuant to notice, I now call up the bill H.R. 802, the 
Public Safety Officer Medal of Valor Act, for purposes of 
markup and move its favorable recommendation to the House.
    [H.R. 802 follows:]
    
    
    Chairman Sensenbrenner. Without objection, the bill will be 
considered as read and open for amendment at any point.
    I recognize myself for 5 minutes.
    This bill was introduced by the gentleman from Texas, Mr. 
Smith, the chairman of the Subcommittee on Crime. It would 
establish a national medal of honor 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. Bills substantially similar to 
H.R. 802 were introduced in the 106th and 105th Congress.
    In the last Congress, the committee reported H.R. 46 by 
voice vote, and the bill passed the House by a recorded vote of 
412 to 2.
    In the 105th, the committee reported H.R. 4090 by a voice 
vote, and the House passed it by a voice vote as well. 
Unfortunately, neither bill became law, and I yield to the 
gentleman from Texas to explain the bill.
    Mr. Smith. Mr. Chairman, I introduced H.R. 802, the Public 
Safety Officer Medal of Valor Act, together with the ranking 
member of the Crime Subcommittee, Mr. Scott.
    The bill establishes, as you just said, a national medal of 
honor to be awarded each year to a very small number of public 
safety officers who displayed the highest degree of valor in 
the performance of their duties.
    A bill substantially similar to H.R. 802 was introduced in 
both the 106th and 105th Congresses by Representative Bill 
McCollum, my predecessor as chairman of the Crime Subcommittee.
    Mr. Chairman, as you pointed out, both of these bills 
passed overwhelmingly. Many countries recognize that public 
safety officers with a national--excuse me--recognize public 
safety officers in this way. In the United States, many State 
and local Governments recognize extraordinary acts of heroism 
by public safety officers with public recognition. At the 
Federal level, many agencies award their own medals to law 
enforcement officers who demonstrate heroism, but there is no 
national medal which may be awarded to public safety officers, 
regardless of which level of Government employs them.
    H.R. 802 would remedy that shortcoming. This bill would 
establish a medal to be given by the President, in the name of 
the United States Congress, to the 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. No more than five medals may be awarded in any given 
year.
    Mr. Chairman, 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, 
and I urge my colleagues to support it as well.
    Yield back.
    Chairman Sensenbrenner. I also yield back.
    The gentleman from Michigan?
    Mr. Conyers. I don't seek time.
    Chairman Sensenbrenner. Does anybody else seek time? The 
gentleman from Virginia?
    Mr. Scott. Mr. Chairman, as the ranking member of the Crime 
Subcommittee, I'd like to urge my colleagues to support the 
bill. I'm a co-sponsor, along with many others. And following 
the lead of the distinguished gentleman from California, all 
that needs to be said has already been said.
    Chairman Sensenbrenner. The gentleman's time has expired.
    Are there any amendments?
    Hearing none, the question occurs on the motion to report 
the bill H.R. 802 favorably.
    All of those in favor say aye.
    Opposed, no.
    The ayes have it. The motion to report favorably is 
adopted.
    Without objection, the chairman is authorized to move to go 
to conference, pursuant to House rules. Without objection, the 
staff is directed to make any technical and conforming changes, 
and all members will be given 2 days, as provided by House 
rules, in which to submit additional dissenting supplemental or 
minority views.

                                  
