[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\
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\1\ Frank C. Foster and Lawrence H. Borts, U.S. Military Medals
1939 to Present 5 (1994)
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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.
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\2\ See generally, Evans Kerrigan, American Medals and Decorations
(1990).
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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\
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\3\ Foster, at 16-19; Kerrigan at 9-18.
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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.