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Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Public Safety Officer Medal of Valor
Act of 2001''.

SEC. 2. AUTHORIZATION OF MEDAL.

After September 1, 2001, 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, upon the recommendation of the Medal of Valor
Review Board, for extraordinary valor above and beyond the call of
duty. The Public Safety Medal of Valor shall be the highest national
award for valor by a public safety officer.

SEC. 3. MEDAL OF VALOR BOARD.

(a) Establishment of Board.--There is established a Medal of Valor
Review Board (hereinafter in this Act referred to as the ''Board''),
which shall be composed of 11 members appointed in accordance with
subsection (b) and shall conduct its business in accordance with this
Act.
(b) Membership.--
(1) Members.--The members of the Board shall be individuals
with knowledge or expertise, whether by experience or training,
in the field of public safety, of which--
(A) two shall be appointed by the majority leader
of the Senate;
(B) two shall be appointed by the minority leader
of the Senate;
(C) two shall be appointed by the Speaker of the
House of Representatives;
(D) two shall be appointed by the minority leader
of the House of Representatives; and
(E) three shall be appointed by the President,
including one with experience in firefighting, one with
experience in law enforcement, and one with experience
in emergency services.
(2) Term.--The term of a Board member shall be 4 years.
(3) Vacancies.--Any vacancy in the membership of the Board
shall not affect the powers of the Board and shall be filled in
the same manner as the original appointment.
(4) Operation of the board.--
(A) Chairman.--The Chairman of the Board shall be
elected by the members of the Board from among the
members of the Board.
(B) Meetings.--The Board shall conduct its first
meeting not later than 90 days after the appointment of
the last member appointed of the initial group of
members appointed to the Board. Thereafter, the Board
shall meet at the call of the Chairman of the Board.
The Board shall meet not less often than twice each
year.
(C) Voting and rules.--A majority of the members
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 applications received by the National
Medal of Valor Office. Not more often than once each year, the Board
shall present to the Attorney General the name or names of those it
recommends as Medal of Valor recipients. In a given year, the Board
shall not be required to select any recipients but may not select more
than 5 recipients. The Attorney General may in extraordinary cases
increase the number of recipients in a given year. 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, administer such oaths, take such
testimony, and receive 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 mileage 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 necessary to carry out its duties. Upon the request of
the Board, the head of such department or agency may furnish 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 equivalent 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) 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 government, 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 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.

SEC. 5. DEFINITIONS.

In this Act:
(1) Public safety officer.--The term ''public safety
officer'' means a person serving a public agency, with or
without compensation, as a firefighter, law enforcement
officer, or emergency services officer, as determined by the
Attorney General. For the purposes of this paragraph, the term
''law enforcement officer'' includes a person who is a
corrections or court officer or a civil defense officer.
(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.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Attorney General
such sums as may be necessary to carry out this Act.

SEC. 7. NATIONAL MEDAL OF VALOR OFFICE.

There is established within the Department of Justice a National
Medal of Valor Office. The Office shall provide staff support to the
Board to establish criteria and procedures for the submission of
recommendations of nominees for the Medal of Valor and for the final
design of the Medal of Valor.

SEC. 8. CONFORMING REPEAL.

Section 15 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2214) is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
''(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 Director's Award For Distinguished
Public Safety Service ('Director's Award').'';
(2) in subsection (b)--
(A) by striking paragraph (1); and
(B) by striking ''(2)'';
(3) by striking subsections (c) and (d) and redesignating
subsections (e), (f), and (g) as subsections (c), (d), and (e),
respectively; and
(4) in subsection (c), as so redesignated--
(A) by striking paragraph (1); and
(B) by striking ''(2)''.

SEC. 9. CONSULTATION REQUIREMENT.

The Board shall consult with the Institute of Heraldry within the
Department of Defense regarding the design and artistry of the Medal of
Valor. The Board may 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 Senate May 14, 2001.

Attest:

Secretary.
107th CONGRESS

1st Session

S. 39

_______________________________________________________________________

AN ACT

To provide a national medal for public safety officers who act with
extraordinary valor above and beyond the call of duty, and for other
purposes.

Answer: Public Safety Officer Medal of Valor Act of 2001 - Allows the President to award, and present in the name of the Congress, a Medal of Valor to a public safety officer cited by the Attorney General, upon the recommendation of the Medal of Valor Review Board, for extraordinary valor above and beyond the call of duty. Provides that the Public Safety Medal of Valor shall be the highest national award for valor by a public safety officer.Establishes a Medal of Valor Review Board to select candidates to receive the Medal from among applications received by the National Medal of Valor Office. Requires the Board to consult with the Institute of Heraldry in the Department of Defense regarding the design of the Medal.Authorizes appropriations.Establishes within the Department of Justice a National Medal of Valor Office to provide staff support to the Board to establish criteria and procedures for the submission of nominee recommendations for the Medal and for the final design of the Medal.Amends the Fire Prevention and Control Act of 1974 to establish an honorary Director's (Director of the Federal Emergency Management Agency) Award for Distinguished Public Safety Service for the recognition of outstanding and distinguished service by public safety officers (repeals provisions regarding the President's Award for Outstanding Public Safety Service and the Secretary of Commerce's Award for Distinguished Public Safety Service).

Question: SECTION 1. AMENDMENT AND EXTENSION OF IRISH PEACE PROCESS CULTURAL AND
TRAINING PROGRAM.

(a) Irish Peace Process Cultural and Training Program Act.--
(1) Program participant requirements.--Section 2(a) of the
Irish Peace Process Cultural and Training Program Act of 1998 (8
U.S.C. 1101 note) is amended by adding at the end the following:
''(5) Program participant requirements.--An alien entering the
United States as a participant in the program shall satisfy the
following requirements:
''(A) The alien shall be a citizen of the United Kingdom or
the Republic of Ireland.
''(B) The alien shall be between 21 and 35 years of age on
the date of departure for the United States.
''(C) The alien shall have resided continuously in a
designated county for not less than 18 months before such date.
''(D) The alien shall have been continuously unemployed for
not less than 12 months before such date.
''(E) The alien may not have a degree from an institution
of higher education.''.
(2) Extension of program.--Section 2 of the Irish Peace Process
Cultural and Training Program Act of 1998 (8 U.S.C. 1101 note) is
amended--
(A) in subsection (a)(3), by striking ''the third program
year and for the 4 subsequent years,'' and inserting ''each
program year,''; and
(B) by amending subsection (d) to read as follows:
''(d) Sunset.--
''(1) Effective October 1, 2008, the Irish Peace Process
Cultural and Training Program Act of 1998 is repealed.
''(2) Effective October 1, 2008, section 101(a)(15)(Q) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Q)) is
amended--
''(A) by striking 'or' at the end of clause (i);
''(B) by striking '(i)' after '(Q)'; and
''(C) by striking clause (ii).''.
(3) Cost-sharing.--Section 2 of the Irish Peace Process
Cultural and Training Program Act of 1998 (8 U.S.C. 1101 note), as
amended by paragraph (2), is further amended--
(A) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(B) by inserting after subsection (b), the following new
subsection:
''(c) Cost-sharing.--The Secretary of State shall verify that the
United Kingdom and the Republic of Ireland continue to pay a reasonable
share of the costs of the administration of the cultural and training
programs carried out pursuant to this Act.''.
(4) Technical amendments.--The Irish Peace Process Cultural and
Training Program Act of 1998 (8 U.S.C. 1101 note) is amended--
(A) by striking ''Attorney General'' each place such term
appears and inserting ''Secretary of Homeland Security''; and
(B) by striking ''Immigration and Naturalization Service''
each place such term appears and inserting ''Department of
Homeland Security''.
(b) Immigration and Nationality Act.--
(1) Requirements for nonimmigrant status.--Section
101(a)(15)(Q) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(Q)) is amended--
(A) by striking ''Attorney General'' each place such term
appears and inserting ''Secretary of Homeland Security''; and
(B) in clause (ii)(I)--
(i) by striking ''35 years of age or younger having a
residence'' and inserting ''citizen of the United Kingdom
or the Republic of Ireland, 21 to 35 years of age,
unemployed for not less than 12 months, and having a
residence for not less than 18 months''; and
(ii) by striking ''36 months)'' and inserting ''24
months)''.
(2) Foreign residence requirement.--Section 212 of the
Immigration and Nationality Act (8 U.S.C. 1182) is amended--
(A) by redesignating the subsection (p) as added by section
1505(f) of Public Law 106-386 (114 Stat. 1526) as subsection
(s); and
(B) by adding at the end the following:
''(t)(1) Except as provided in paragraph (2), no person admitted
under section 101(a)(15)(Q)(ii)(I), or acquiring such status after
admission, shall be eligible to apply for nonimmigrant status, an
immigrant visa, or permanent residence under this Act until it is
established that such person has resided and been physically present in
the person's country of nationality or last residence for an aggregate
of at least 2 years following departure from the United States.
''(2) The Secretary of Homeland Security may waive the requirement
of such 2-year foreign residence abroad if the Secretary determines
that--
''(A) departure from the United States would impose exceptional
hardship upon the alien's spouse or child (if such spouse or child
is a citizen of the United States or an alien lawfully admitted for
permanent residence); or
''(B) the admission of the alien is in the public interest or
the national interest of the United States.''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.

Answer: Amends the Irish Peace Process Cultural and Training Program Act of 1998 (IPPCTPA) and the Immigration and Nationality Act (INA) to revise the nonimmigrant alien eligibility qualifications for participants in the Irish Peace Process Cultural and Training Program. Sets a minimum age of 21 (retaining the current age 35 maximum) and requires that the individual: (1) be a citizen of the United Kingdom or the Republic of Ireland; (2) have been unemployed continuously for at least 12 months; (3) have resided continuously for at least 18 months in Northern Ireland or one of designated border counties of the Republic of Ireland; and (4) not have a degree from an institution of higher education.

Requires the Department of Homeland Security to report to Congress each program year (currently, the third program year and the four subsequent years) on the number of aliens admitted under the program who have overstayed their visas.

Extends the authority of the IPPCTPA through FY 2008.

Requires the Secretary of State to verify that the United Kingdom and the Republic of Ireland continue to pay a reasonable share of costs for administration of IPPCTPA programs.

Amends the INA to reduce from 36 to 24 months the temporary period of the visit to the United States for participation in the program.

Denies any such person eligibility to apply for nonimmigrant status, an immigrant visa, or permanent residence until he or she has resided and been physically present in the country of nationality or last residence for an aggregate of a least two years following departure from the United States. Authorizes the Secretary of Homeland Security to waive this requirement if: (1) departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a U.S. citizen or a lawfully resident alien); or (2) the admission of the alien is in the U.S. public or national interest.

Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Stable Oil Supply (SOS) Home Heating
Act''.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds that--
(1) more than 35 percent of families in the northeastern
United States depend on oil to heat their homes each winter,
and most of those families have no practical alternative to
paying the going price for heating oil or seeking public or
private assistance to pay for heating oil;
(2) consumers experienced sudden and dramatic increases in
prices for home heating oil during the winters of 1989, 1996,
and 1999, causing hardship to families and other people of the
United States, including people on fixed and low incomes,
people living in rural areas, the elderly, farmers, truckers
and the driving public, and governments that pay home heating
oil bills;
(3) a substantial part of each sudden increase in home
heating oil prices has been caused by vastly inadequate
supplies of home heating oil accumulated during the summer,
fall, and winter months by importers, refiners, and
wholesalers; and
(4) increased stability in home heating oil prices is
necessary to maintain the economic vitality of the Northeast.
(b) Purpose.--The purpose of this Act is to ensure that minimally
adequate stocks of home heating oil are accumulated in the Northeast to
meet reasonably foreseeable demand during each winter while protecting
consumers from sudden increases in the price of home heating oil.

SEC. 3. DEFINITIONS.

Section 152 of the Energy Policy and Conservation Act (15 U.S.C.
6232) is amended--
(1) by redesignating paragraphs (2), (3), (4), (5), (6),
(7), (8), (9), (10), and (11) as paragraphs (3), (4), (5), (8),
(9), (10), (11), (12), (13), and (14);
(2) by inserting after paragraph (1) the following:
''(2) Home heating oil.--
''(A) In general.--The term 'home heating oil'
means distillate fuel oil.
''(B) Inclusions.--The term 'home heating oil'
includes No. 1 and No. 2 diesel and fuel oils.'';
(3) by inserting after paragraph (5) (as redesignated by
paragraph (1)) the following:
''(6) Northeast.--The term 'Northeast' means the States of
Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, Pennsylvania, and New Jersey.
''(7) Primary heating oil inventory.--
''(A) In general.--The term 'primary heating oil
inventory' means a heating oil inventory held by an
importer, refiner, or wholesaler.
''(B) Exclusion.--The term 'primary heating oil
inventory' does not include any inventory held by a
retailer for the direct sale to an end user of home
heating oil.''; and
(4) by adding at the end the following:
''(15) Wholesaler.--The term 'wholesaler' means any person
that--
''(A) owns, operates, leases, or otherwise controls
a bulk terminal having a total petroleum storage
capacity of 50,000 barrels or more;
''(B) stores home heating oil; and
''(C)(i) resells petroleum products to retail
businesses that market the petroleum products to end
users; or
''(ii) receives petroleum products by tanker,
barge, or pipeline.
''(16) Winter season.--The term 'winter season' means the
months of November through March.''.

SEC. 4. HOME HEATING OIL RESERVE FOR THE NORTHEAST.

Part B of the Energy Policy and Conservation Act (15 U.S.C. 6231 et
seq.) is amended by inserting after section 157 the following:

''SEC. 157A. VOLUNTARY PLANS FOR HOME HEATING OIL RESERVE.

''(a) Submission and Development of Voluntary Plans.--Importers,
refiners, and wholesalers that hold primary heating oil inventories for
sale to markets in the Northeast, acting individually or in 1 or more
groups, should, for the purposes of ensuring stability in energy fuel
markets and protecting consumers from dramatic swings in price--
''(1) develop voluntary plans, in consultation with
interested individuals from nonprofit organizations and the
public and private sectors, to maintain readily available
minimum product inventories of heating oil in the Northeast,
possibly in combination with the hedging of future inventories,
to mitigate the risk of severe price increases to consumers and
to reduce adverse impacts on the regional and national
economies; and
''(2) submit the voluntary plans to the Secretary not later
than 180 days after the date of enactment of this section.
''(b) Certification and Report.--
''(1) In general.--If the Secretary determines that a plan
submitted under subsection (a)--
''(A) is likely to achieve the purposes of this
Act, the Secretary shall so certify, and the importer,
refiner, or wholesaler shall implement the plan; or
''(B) is not likely to achieve the purposes of this
section, the Secretary shall issue a statement
explaining why the plan does not appear likely to
achieve those purposes.
''(2) Report.--Not later than 240 days after the date of
enactment of this section, the Secretary shall submit to
Congress a report describing the findings and reasons for a
certification or failure to certify a plan under this
subsection.
''(c) Defense to Antitrust Actions.--
''(1) In general.--There shall be available as a defense to
a civil or criminal action brought under the antitrust laws (or
any similar State law) with respect to an action taken to
develop and carry out a voluntary plan under subsection (a) by
an importer, refiner, or wholesaler the fact that--
''(A) the action is taken--
''(i) in the course of developing the
voluntary plan; and
''(ii) in the course of carrying out the
voluntary plan, if the voluntary plan is
certified by the Secretary under subsection
(b);
''(B) the action is not taken for the purpose of
injuring competition; and
''(C) the importer, refiner, or wholesaler is in
compliance with this section.
''(2) Limitation.--Except in the case of an action taken to
develop a voluntary plan, the defense provided in paragraph (1)
shall be available only if the person asserting the defense
demonstrates that the action was specified in, or within the
reasonable contemplation of, a voluntary plan certified by the
Secretary.
''(3) Burden of proof.--A person interposing the defense
under paragraph (1) shall have the burden of proof, except that
the burden shall be on the person against which the defense is
asserted with respect to whether an action is taken for the
purpose of injuring competition.
''(d) Report.--Not later than 1 year after the date of enactment of
this section, and annually thereafter, the Secretary shall submit to
Congress a report describing the results of the implementation of all
voluntary plans certified under this section, including specific
compliance by importers, refiners, and wholesalers that serve the
Northeast market with respect to the adequacy of the home heating oil
supply.
''(e) Plan Adopted by Secretary.--If, by the date that is 240 days
after the date of enactment of this section, for each importer,
refiner, and wholesaler in the Northeast, a certified plan is not
implemented in accordance with subsection (b), the Secretary shall
adopt and implement a plan in accordance with section 157B.

''SEC. 157B. HOME HEATING OIL RESERVE FOR THE NORTHEAST.

''(a) Establishment of Private Home Heating Oil Reserves.--If a
certified plan described in section 157A is not implemented in
accordance with that section for each importer, refiner, and wholesaler
that stores home heating oil for sale in the Northeast, not later than
300 days after the date of enactment of this section, the Secretary
shall establish a private home heating oil reserve for the Northeast in
accordance with this section.
''(b) Inventory.--
''(1) In general.--Except as provided in paragraph (2), the
Secretary shall periodically monitor supply levels as necessary
to ensure that each importer, refiner, and wholesaler of home heating
oil that stores home heating oil for sale in the Northeast shall have
in inventory and readily available to refiners in the Northeast a
quantity of home heating oil that the Secretary determines is equal to
the quantity that each importer, refiner, or wholesaler may reasonably
be expected to require to supply the needs of its customers during the
present or following winter season without subjecting consumers to
sudden price increases that are due in part to inadequate buildup of
heating oil inventories.
''(2) Limitation.--The Secretary shall not require any
importer, refiner, or wholesaler to store any product under
paragraph (1) in a quantity greater than 95 percent of the
average storage capacity for home heating oil reasonably
available to the importer, refiner, or wholesaler during the
preceding 2 years.
''(3) Increased inventory.--If the Secretary determines
that an inventory of home heating oil does not meet the
requirement of under paragraph (1), the Secretary may direct an
importer, refiner, or wholesaler to acquire, store, and
maintain in readily available inventories any quantity of home
heating oil that the Secretary determines to be necessary to
supply heating oil needs in the Northeast without subjecting
consumers to sudden price increases that are due in part to
inadequate buildup of heating oil inventories.
''(4) Regulations.--As soon as practicable after the date
of enactment of this section, the Secretary shall promulgate
regulations necessary to carry out this section, including
regulations that--
''(A) authorize civil penalties to enforce this
section; and
''(B) provide that the Secretary shall cooperate
with State energy authorities in carrying out this
section.
''(c) Excess Inventory.--At the end of each winter season, the
Administrator of the Environmental Protection Agency shall take
appropriate and reasonable action to enable importers, refiners, and
wholesalers of home heating oil to sell any remaining excess
inventories of heating oil that the importers, refiners, and
wholesalers may have.
''(d) Implementation.--In implementing this section, the Secretary
shall ensure, to the maximum extent practicable, that the manner of
implementation supports the maintenance of an economically sound and
competitive petroleum industry.
''(e) Report.--Not later than 1 year after the implementation of a
plan under this section, the Secretary shall submit to Congress a
report describing the results of the implementation of the plan,
including specific compliance by importers, refiners, and wholesalers
in the Northeast with respect to home heating oil supply buildup.''.

Answer:
Directs the Secretary of Energy to report to Congress regarding the certification status of submitted voluntary plans.
Provides a defense to an antitrust action brought against such voluntary plans.
Requires the Secretary, if a certified plan is not implemented for each such importer, refiner, and wholesaler, to establish a private home heating oil reserve for the Northeast, according to specified requirements.