[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
