[Federal Register Volume 61, Number 183 (Thursday, September 19, 1996)] [Rules and Regulations] [Pages 49259-49261] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-23881] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Office of Justice Programs 28 CFR Part 50 [OJP No. 1078] RIN 1121-AA37 Young American Medals Program AGENCY: United States Department of Justice, Office of Justice Programs. ACTION: Interim rule with request for comments. ----------------------------------------------------------------------- SUMMARY: The United States Department of Justice, Office of Justice Programs (OJP), is publishing this Interim Rule to implement the Young American Medals Program authorized by 42 U.S.C. 1921 et seq. This Interim Rule provides an outline of the program governing awards of the Young American Medals for Bravery and Service. EFFECTIVE DATES: This Interim Rule is effective September 19, 1996. Comments must be submitted on or before November 18, 1996. ADDRESSES: All comments concerning the Interim Rule should be addressed to the Young American Medals Coordinator, Office of Justice Programs, 633 Indiana Avenue, N.W., Room 408, Washington, D.C. 20531. FOR FURTHER INFORMATION CONTACT: Ellen Wesley at (202) 616-3558. SUPPLEMENTARY INFORMATION: Youth Medals Congress authorized the Department of Justice to promulgate rules and regulations establishing medals under the Youth Medals Act, codified at 42 U.S.C. 1921 et seq. The Act establishes two medals: the Young American Medal for Bravery, 42 U.S.C. 1921, and the Young American Medal for Service, 42 U.S.C. 1922. The method of selecting the recipients is based on criteria specified by the Act; the criteria for the two medals are different. The Young American Medal for Bravery is awarded to a person who has exhibited exceptional courage, extraordinary decisiveness, presence of mind, and unusual swiftness of action, regardless of his or her own personal safety, and who was eighteen years of age or younger at the time of the occurrence. The Young American Medal for Service is awarded to a person who has displayed outstanding character and service and who was eighteen years of age or younger at the time of the contribution. The Young American Medals Committee is a part of the Office of the Attorney General. The Committee is authorized to issue regulations relating to the establishment of the two medals and, pursuant to that authority, is issuing the following Interim Rule. Request for Comment The Office of Justice Programs seeks to fulfill Congressional intent by soliciting, encouraging, and incorporating comments on all aspects of this program while ensuring that the statutory requirements are applied appropriately to all applicants. Regulatory Flexibility Act The Assistant Attorney General, Office of Justice Programs, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this Interim Rule and, by approving it, certifies that the Interim Rule will not have a significant economic impact on a substantial number of small entities. The Assistant Attorney General, Office of Justice Programs determined: (1) Interim Rule provides the outline of a program governing the award of medals to individuals for bravery or service; and (2) the award of such medals impose no requirements on small businesses or on other small entities. [[Page 49260]] Paperwork Reduction Act In addition, no information requirements are contained in this interim rule. Any information collection requirements contained in future application notices for this program will be reviewed by OMB, as required by provisions of the Paperwork Reduction Act, 44 U.S.C. 3504(h). Executive Order 12866 This Interim Rule has been drafted and reviewed in accordance with Executive Order 12866, Sec. 1(b), Principles of Regulation. The Office of Justice Programs has determined that this Interim Rule is not a ``significant regulatory action'' under Executive Order 12866, Sec. 3(f), Regulatory Planning and Review, and accordingly this Interim Rule has not been reviewed by the Office of Management and Budget. List of Subjects in 28 CFR Part 50 Medals. Accordingly, Title 28, Part 50 of the Code of Federal Regulations is amended by adding new Section 50.22 as set forth below: PART 50--[AMENDED] 1. The authority citation for part 50 is revised to read as follows: Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; AND 42 U.S.C. 1921 et seq., 1973c. 2. A new Sec. 50.22 is added to read as follows: Sec. 50.22 Young American Medals Program Authority: The United States Department of Justice is authorized under 42 U.S.C. 1921 et seq. to promulgate rules and regulations establishing medals, one for bravery and one for service. This authority was enacted by Chapter 520, of Pub. L. 81-638 (August 3, 1950). (a) Scope. There are hereby established two medals, one to be known as the Young American Medal for Bravery and the other to be known as the Young American Medal for Service. (b) Young American Medal for Bravery (1)(i) The Young American Medal for Bravery may be awarded to a person-- (A) Who during a given calendar year has exhibited exceptional courage, attended by extraordinary decisiveness, presence of mind, and unusual swiftness of action, regardless of his or her own personal safety, in an effort to save or in saving the life of any person or persons in actual imminent danger; (B) Who was eighteen years of age or younger at the time of the occurrence; and (C) Who habitually resides in the United States (including its territories and possessions), but need not be a citizen thereof. (ii) These conditions must be met at the time of the event. (2) The act of bravery must have been public in nature and must have been acknowledged by the Governor, Chief Executive Officer of a State, county, municipality, or other political subdivision, or by a civic, educational, or religious institution, group, or society. (3) No more than two such medals may be awarded in any one calendar year. (c) Young American Medal for Service (1) The Young American Medal for Service may be awarded to any citizen of the United States eighteen years of age or younger at the time of the occurrence, who has achieved outstanding or unusual recognition for character and service during a given calendar year. (2) Character attained and service accomplished by a candidate for this medal must have been such as to make his or her achievement worthy of public report. The outstanding and unusual recognition of the candidate's character and service must have been public in nature and must have been acknowledged by the Governor, Chief Executive Officer of a State, county, municipality, or other political subdivision, or by a civic, educational, or religious institution, group, or society. (3) The recognition of the character and service upon which the award of the Medal for Service is based must have been accorded separately and apart from the Young American Medals program and must not have been accorded for the specific and announced purpose of rendering a candidate eligible, or of adding to a candidate's qualifications, for the award of the Young American Medal for Service. (4) No more than two such medals may be awarded in any one calendar year. (d) Eligibility (1) The act or acts of bravery and the recognition for character and service that make a candidate eligible for the respective medals must have occurred during the calendar year for which the award is made. (2) A candidate may be eligible for both medals in the same year. Moreover, the receipt of either medal in any year will not affect a candidate's eligibility for the award of either or both of the medals in a succeeding year. (3) Acts of bravery performed and recognition of character and service achieved by persons serving in the Armed Forces, which arise from or out of military duties, shall not make a candidate eligible for either of the medals, provided, however, that a person serving in the Armed Forces shall be eligible to receive either or both of the medals if the act of bravery performed or the recognition for character and service achieved is on account of acts and service performed or rendered outside of and apart from military duties. (e) Request for Information (1) A recommendation in favor of a candidate for the award of a Young American Medal for Bravery or for Service must be accompanied by: (i) a full and complete statement of the candidate's act or acts of bravery or recognized character and service (including the times and places) that supports qualification of the candidate to receive the appropriate medal; (ii) statements by witnesses or persons having personal knowledge of the facts surrounding the candidate's act or acts of bravery or recognized character and service, as required by the respective medals; (iii) a certified copy of the candidate's birth certificate, or, if no birth certificate is available, other authentic evidence of the date and place of the candidate's birth; and (iv) a biographical sketch of the candidate, including information as to his or her citizenship or habitual residence, as may be required by the respective medals. (f) Procedure (1)(i) All recommendations and accompanying documents and papers should be submitted to the Governor or Chief Executive Officer of the State, territory, or possession of the United States where the candidate's act or acts of bravery or recognized character and service were demonstrated. In the case of the District of Columbia, the recommendations should be submitted to the Mayor of the District of Columbia. (ii) If the act or acts of bravery or recognized character and service did not occur within the boundaries of any State, territory, or possession of the United States, the papers should be submitted to the Governor or Chief Executive Officer of the territory or other possession of the United States wherein the candidate habitually maintains his or her residence. (2) The Governor or Chief Executive Officer, after considering the various recommendations received after the close of the pertinent calendar year, may nominate therefrom no more than two [[Page 49261]] candidates for the Young American Medal for Bravery and no more than two candidates for the Young American Medal for Service. Nominated individuals should have, in the opinion of the appropriate official, shown by the facts and circumstances to be the most worthy and qualified candidates from the jurisdiction to receive consideration for awards of the above-named medals. (3) Nominations of candidates for either medal must be submitted no later than 120 days after notification that the Department of Justice is seeking nominations under this program for a specific calendar year. Each nomination must contain the necessary documentation establishing eligibility, must be submitted by the Governor or Chief Executive Officer, together with any comments, and should be submitted to the address published in the notice. (4) Nominations of candidates for medals will be considered only when received from the Governor or Chief Executive Officer of a State, territory, or possession of the United States. (5) The Young American Medals Committee will select, from nominations properly submitted, those candidates who are shown by the facts and circumstances to be eligible for the award of the medals. The Committee shall make recommendations to the Attorney General based on its evaluation of the nominees. Upon consideration of these recommendations, the Attorney General may select up to the maximum allowable recipients for each medal for the calendar year. (g) Presentation (1) The Young American Medal for Bravery and the Young American Medal for Service will be presented personally by the President of the United States to the candidates selected. These medals will be presented in the name of the President and the Congress of the United States. Presentation ceremonies shall be held at such times and places selected by the President in consultation with the Attorney General. (2) The Young American Medals Committee will officially designate two adults (preferably the parents of the candidate) to accompany each candidate selected to the presentation ceremonies. The candidates and persons designated to accompany them will be furnished transportation and other appropriate allowances. (3) There shall be presented to each recipient an appropriate Certificate of Commendation stating the circumstances under which the act of bravery was performed or describing the outstanding recognition for character and service, as appropriate for the medal awarded. The Certificate will bear the signature of the President of the United States and the Attorney General of the United States. (4) There also shall be presented to each recipient of a medal, a miniature replica of the medal awarded in the form of a lapel pin. (h) Posthumous Awards In cases where a medal is awarded posthumously, the Young American Medals Committee will designate the father or mother of the deceased or other suitable person to receive the medal on behalf of the deceased. The decision of the Young American Medals Committee in designating the person to receive the posthumously awarded medal, on behalf of the deceased, shall be final. (i) Young American Medals Committee The Young American Medals Committee shall be represented by the following: (1) Director of the FBI, Chairman; (2) Administrator of the Drug Enforcement Administration, Member; (3) Director of the U.S. Marshals Service, Member; and (4) Assistant Attorney General, Office of Justice Programs, Member and Executive Secretary. Dated: September 13, 1996. Laurie Robinson, Assistant Attorney General, Office of Justice Programs, Executive Secretary, Young American Medals Committee. [FR Doc. 96-23881 Filed 9-18-96; 8:45 am] BILLING CODE 4410-18-P