89–006

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

2

1Frank C. Foster and Lawrence H. Borts, U.S. Military Medals 1939 to Present 5 (1994)

2See generally, Evans Kerrigan, American Medals and Decorations (1990).

3Foster, at 16–19; Kerrigan at 9–18.

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

The Presidential Medal of Freedom is, perhaps, the most wellknown 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.

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

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

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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 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

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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.

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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, payas-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.

6

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 and

mileage 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.

7

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. ø(a) ESTABLISHMENT.—There are hereby established

two classes of honorary awards for the recognition of outstanding

and distinguished service by public safety officers—

8

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

Service (‘‘President’s Award’’); and

ø(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.—ø(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 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.

ø(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.

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 Director’s

Awards presented.¿

ø(e)¿ (c) AWARD.—ø(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 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

ø(B) an appropriate citation.¿

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

ø(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.

ø(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.

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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:]

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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?

19

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.

Æ