69–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 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

REPORT

[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.
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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
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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.
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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 con-
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duct 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 con-
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ducted 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 § 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 § 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
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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

øPUBLIC SAFETY AWARDS

øSEC. 15. (a) ESTABLISHMENT.—There are hereby established two

classes of honorary awards for the recognition of outstanding and

distinguished service by public safety officers—

ø(1) the President’s Award for Outstanding Public Safety

Service (‘‘President’s Award’’); and

ø(2) the Secretary’s Award For Distinguished Public Safety

Service (‘‘Secretary’s Award’’).

ø(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.

ø(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.

ø(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.

ø(d) LIMITATION.—(1) There shall not be presented in any one

calendar year in excess of twelve President’s Awards.

ø(2) There shall be no limitation on the number of Secretary’s

Awards presented.

ø(e) AWARD.—(1) Each President’s Award shall consist of—

ø(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
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ø(B) an appropriate citation.

ø(2) Each Secretary’s Award shall consist of an appropriate citation.

ø(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.

ø(g) DEFINITIONS.—As used in this section, the term ‘‘public safety officer’’ means a person serving a public agency, with or without

compensation, as—

ø(1) a firefighter;

ø(2) a law enforcement officer, including a corrections or

court officer; or

ø(3) a civil defense officer.¿

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