IIA
105TH CONGRESS
2D SESSION
H. R. 4090
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 10, 1998
Received; read twice and referred to the Committee on the Judiciary
AN ACT
To provide for a national medal for public safety officers
who act with extraordinary valor above and beyond the
call of duty.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Public Safety Officer
Medal of Valor Act of 1998’’.
SEC. 2. AUTHORIZATION OF MEDAL.
The President may award, and present in the name
of Congress, a Medal of Valor 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.
SEC. 3. BOARD.
(a) BOARD.—There is established a permanent Medal
of Valor Review Board (hereinafter in this Act referred
to as the ‘‘Board’’). The Board shall—
(1) be composed of 11 members appointed in
accordance with subsection (b); and
(2) conduct its business in accordance with this
Act.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The members of the Board
shall be appointed as follows:
(A) Two shall be appointed by the Speaker
of the House of Representatives.
(B) Two shall be appointed by the minority
leader of the House of Representatives.
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(C) Two shall be appointed by the Majority
Leader of the Senate.
(D) Two shall be appointed by the Minor-
ity Leader of the Senate.
(E) Three shall be appointed by the Presi-
dent, one of whom shall have substantial experi-
ence in firefighting, one of whom shall have
substantial experience in law enforcement, and
one of whom shall have substantial experience
in emergency services.
(2) PERSONS ELIGIBLE.—The members of the
Board shall be individuals who have knowledge or
expertise, whether by experience or training, in the
field of public safety.
(3) TERM.—The term of a Board member is 4
years.
(4) VACANCIES.—Any vacancy in the member-
ship of the Board shall not affect the powers of the
Board and shall be filled in the same manner as the
original appointment.
(5) OPERATION OF THE BOARD.—
(A) MEETINGS.—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 30
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days after the appointment of the last member
of the Board.
(B) QUORUM; VOTING; RULES.—A major-
ity of the members of the Board shall constitute
a quorum to conduct business, but the Board
may establish a lesser quorum for conducting
hearings scheduled by the Board. The Board
may establish by majority vote any other rules
for the conduct of the Board’s business, if such
rules are not inconsistent with this Act or other
applicable law.
(c) DUTIES.—The Board shall select candidates as
recipients of the Medal of Valor from among those applica-
tions received by the National Medal Office. Not more
often than once each year, the Board shall present to the
Attorney General the name or names of those it rec-
ommends as Medal of Valor recipients. In a given year,
the Board is not required to choose any names, but is lim-
ited to a maximum number of 6 recipients. The Board
shall set an annual timetable for fulfilling its duties under
this Act.
(d) HEARINGS.—
(1) IN GENERAL.—The Board may hold such
hearings, sit and act at such times and places, ad-
minister such oaths, take such testimony, and re-
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ceive such evidence as the Board considers advisable
to carry out its duties.
(2) WITNESS EXPENSES.—Witnesses requested
to appear before the Board may be paid the same
fees as are paid to witnesses under section 1821 of
title 28, United States Code. The per diem and mile-
age allowances for witnesses shall be paid from
funds appropriated to the Board.
(e) INFORMATION FROM FEDERAL AGENCIES.—The
Board may secure directly from any Federal department
or agency such information as the Board considers nec-
essary to carry out its duties. Upon the request of the
Board, the head of such department or agency may fur-
nish such information to the Board.
(f) INFORMATION TO BE KEPT CONFIDENTIAL.—
The Board shall not disclose any information which may
compromise an ongoing law enforcement investigation or
is otherwise required by law to be kept confidential.
SEC. 4. BOARD PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—(1) Except as
provided in paragraph (2), each member of the Board
shall be compensated at a rate equal to the daily equiva-
lent of the annual rate of basic pay prescribed for level
IV of the Executive Schedule under section 5315 of title
5, United States Code, for each day (including travel time)
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during which such member is engaged in the performance
of the duties of the Board.
(2) All members of the Board who serve as officers
or employees of the United States, a State, or a local gov-
ernment, shall serve without compensation in addition to
that received for those services.
(b) TRAVEL EXPENSES.—The members of the Board
shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agen-
cies 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.
SEC. 5. DEFINITIONS.
For the purposes of this Act:
(1) PUBLIC
SAFETY
OFFICER.—The term
‘‘Public Safety Officer’’ has the same meaning given
that term in section 1204 of the Omnibus Crime
Control and Safe Streets Act of 1968.
(2) STATE.—The term ‘‘State’’ means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
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SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attor-
ney General such sums as may be necessary to carry out
this Act.
SEC. 7. OFFICE.
There is established within the Department of Justice
a national medal office. The office shall staff the Medal
of Valor Review Board and establish criteria and proce-
dures for the submission of recommendations of nominees
for the Medal of Valor.
SEC. 8. CONFORMING REPEAL.
Section 15 of the Federal Fire Prevention and Con-
trol Act of 1974 is repealed.
SEC. 9. CONSULTATION REQUIREMENT.
The Attorney General shall consult with the Institute
of Heraldry within the Department of Defense regarding
the design and artistry of the Medal of Valor. The Attor-
ney General shall also consider suggestions received by the
Department of Justice regarding the design of the medal,
including those made by persons not employed by the
Department.
Passed the House of Representatives September 9,
1998.
Attest:
ROBIN H. CARLE,
Clerk.