§ 2000.1 Background and purpose.

The regulations in this part are issued under the authority of the Federal Fire Prevention and Control Act of 1974 [Pub. L. 93-498, 88 Stat. 1535, 15 U.S.C. 2201 et seq., 278f, 42 U.S.C. 290(a)]. That Act establishes two clases of honorary awards for public safety officers and directs the issuance of the necessary joint regulations by the Secretary of Commerce, the Secretary of Defense, and the Attorney General. The Secretary of Commerce has delegated authority, pursuant to DOO 25-6A for the issuance of the required regulations to the Administrator, National Fire Prevention and Control Administration. The Administrator has obtained the approval of the Secretary of Defense and the Attorney General to issue these regulations to implement the statutory provisions on behalf of the three agencies concerned.

§ 2000.2 Definitions.

(a) "Civil defense officer (or member of a recognized civil defense preparedness organization)" means any individual who is assigned to and is performing the assigned tasks of the unit or organization which has been given a mission under the direction or operational control of a Civil Defense Director/Coordinator in accordance with a Federal, State or local emergency

plan and sanctioned by the government concerned.

(b) "Firefighter" means a member, regardless of rank or duties, or any organization (including such Federal organizations) in any State consisting of personnel, apparatus, and equipment which has as its purpose protecting property and maintaining the safety and welfare of the public from the dangers of fire. This term includes volunteers or paid employees. The location of any such organization may include, but is not limited to, a Federal installation, a State, city, town, borough, parish, county, fire district, fire protection district, rural fire district or other special district.

(c) "Joint Board" means that Joint Public Safety Awards Board established by the Secretaries of Commerce, Defense and the Attorney General to carry out the purposes of the Federal Fire Prevention and Control Act of 1974 [Pub. L. 93-498, 88 Stat. 1535, 15 U.S.C. 2201 et seq., 278f, 42 U.S.C. 290(a)] and this part.

officer"

(d) "Law enforcement means a person involved in the control or reduction of crime and juvenile deliquency or enforcement of the criminal laws. This includes, but is not limited to police, corrections, probation, parole, and court officers, and Federal officers in such capacities.

(e) "Nominating Official" means the head of a Federal government department or agency, or his delegate(s), the governor or other head of a State, or the Chief executive or executives of any general governmental unit within any State.

(f) "President's Award" means the President's Award for Outstanding Public Safety Service, presented by the President of the United States to public safety officers for extraordinary valor in the line of duty or for outstanding contributions to public safety.

(g) "Public safety officer" means a person serving a public agency with or without compensation, as a firefighter, a civil defense officer (or member of a recognized civil defense preparedness organization), or a law enforcement officer, including a corrections or court officer.

(h) "Secretary" means either the Secretary of Commerce, the Secretary of Defense, or the Attorney General, individually.

(i) "Secretaries" means the Secretary of Commerce, the Secretary of Defense and the Attorney General, collectively.

(j) "Secretary's Award" means the Secretary's Award for Distinguished Public Safety Service, presented to public safety officers for distinguished service in the field of public safety.

(k) "State" means any State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, the Canal Zone, Guam, American Samoa, the Trust Territory of the Pacific Islands and any other territory or possession of the United States.

§ 2000.3 Nomination process.

(a) The Nominating Officials shall submit their nominations for the Secretary's Award to the appropriate Secretary depending upon the category of the nominee involved, as follows:

(1) A firefighter: U.S. Department of Commerce, Attention: Administrator, National Fire Prevention and Control Administration, P.O. Box 19518, Washington, D.C. 20036.

(2) A civil defense officer (or member of a recognized civil defense preparedness organization): Director, Defense Civil Preparedness Agency, U.S. Department of Defense, Washington, D.C. 20231.

(3) A law enforcement, corrections or court officer: Assistant Attorney General for Administration, Office of Management and Finance, U.S. Department of Justice, Washington, D.C. 20530.

(b) The Nominating Officials shall submit their nominations for the President's Award to the Executive Secretary, Joint Public Safety Awards Board, National Fire Prevention and Control Administration, P.O. Box 19518, Washington, D.C. 20036.

(c) All nominations shall be submitted in writing in accordance with the requirements prescribed in this section and § 2000.4 at the earliest practicable date after the performance of the act or acts for which the nomination is made. Nominations for each year shall

be made before November 15; any received thereafter will be considered as having been made for the following year.

(d) Nominations for the President's Award or the Secretary's Award should include the name of the candidate, his/her position, title and address, the public agency served, the locale where the candidate performs his/her duties, the name of the nominating official, a summary describing the outstanding contribution, distinguished service or extraordinary valor, and the dates relating thereto. The description should be sufficiently concise and specific to justify the request for recognition of the public safety officer through the presentation of either of the awards. Copies of any published factual accounts of the nominee's accomplishments should also be attached when available.

(e) An annual invitation shall be issued by the Joint Board for nominations for the President's Award and, on behalf of the respective Secretaries, for the Secretary's Award. Such invitation shall be issued by letter or by notice in appropriate publications of interest to the public safety community. However, nominating officials need not wait for such invitation but may nominate at the most appropriate time in accordance with the other provisions of this part.

§ 2000.4 Nomination and selection criteria.

(a) Nominations for the President's or Secretary's Award shall be made on the basis of, and in conformity with, the following uniform criteria:

(1) President's Award. Documentation accompanying the nomination for the President's Award must indicate not only that the nominee unquestionably meets the standards established for the Secretary's Award (see paragraph (a)(2) of this section), but also deserves greater public recognition than that afforded by the Secretary's Award because he/she has demonstrated unique qualities of courage, imagination or ability, which have resulted in outstanding contributions to the public safety.

(2) Secretary's Award. The documentation that accompanies the nomination for the Secretary's Award must clearly show that the public safety officer's qualifying service or act is marked by courage, imagination or ability or has resulted in a significant contribution to the public safety accomplished through an originality of effort which far exceeds the expected quality of performance of the normal duties assigned to the nominee.

(b) A nomination shall specify whether it is being submitted for the President's Award or the Secretary's Award.

§ 2000.5 Joint Public Safety Awards Board.

(a) A Joint Public Safety Awards Board (Joint Board) is hereby established to fulfill the responsibilities of the Secretaries by administering the process of nomination for the President's Award and by participating in the selection process with the Executive Office of the President. The Joint Board shall consist of nine representatives who are of appropriate rank (at or equivalent to grades GS-14 or above). Three persons shall represent each of the three Secretaries. The representatives serving on the Joint Board shall select one of their number to act as the chairperson.

(b) Representatives on the Joint Board shall serve in addition to their regular duties and without additional compensation. Consistent with the requirements of this part, the members of the Joint Board shall establish the procedures by which the selections for the President's Award shall be made to assure the timely presentation of public safety awards.

(c) A Department of Commerce employee shall act as the Executive Secretary of the Joint Board. The Executive Secretary shall perform such functions as are appropriate to the Board's responsibilities, including the receipt of all nominations, and the communication of nomination information, for the purpose of receiving comments thereon, from members of the public safety community pursuant to § 2000.5(e).

(d) The Joint Board shall review the nominations for the President's Award and shall recommend to the Secretaries by February 1 of each year, those nominees determined by it to merit consideration for the President's Award together with the reasons therefor. The Secretaries shall then recommend to the President those nominees determined by them to merit the President's Award, together with the reasons therefor.

(e) The Joint Board may request that persons representing a cross-section of the national public safety community comment upon nominations made to the Board for the President's Award. Both the request for comments and the comments themselves shall be made in writing.

§ 2000.6 Design and procurement of awards.

(a) The Joint Board shall consult with the Department of the Treasury and the Executive Office of the President in regard to the design and procurement of the appropriate citations and medal for the President's Award in accordance with applicable laws and regulations.

(b) Insofor as practicable, the designs for the Secretary's Award of the three Departments shall be coordinated so as to avoid distinctly different recognition of the various public safety officers.

§ 2000.7 Selection process.

(a) President's Award. Nominations for the President's Award shall be reviewed, and winners selected by the President (or his designee) in accordance with the requirements of § 2000.3, the criteria in § 2000.4(a)(1), and the procedures of § 2000.5.

(b) Secretary's Award. Upon receipt of nominations for the Secretary's Award, the appropriate Secretary shall cause an evaluation and selection of the nominees in accordance with the requirements of § 2000.3 and the criteria prescribed in § 2000.4(a) (2).

(c) In reviewing a Secretary's Award nomination, the appropriate Secretary may request that persons representing the relevant segment of the national public safety community comment

upon the nomination and accompanying documentation. Both the request for comments and the comments themselves shall be made in writing.

(d) Individuals nominated for the President's Award who are considered not to meet the criteria for the Award by the Joint Board or who are not recommended to or selected by the President shall be automatically considered by the appropriated Secretary for presentation of the Secretary's Award. (e) Individual nominated for a Secretary's Award may be considered by the Joint Board for the President's Award if the appropriate Secretary determines that consideration for the President's Award is merited.

§ 2000.8 Presentation of awards.

(a) Presentation of the President's Award shall be made at such time, place and circumstance as the Executive Office of the President directs. There shall not be more than twelve (12) President's Awards given out during any calendar year.

(b) Presentation of the Secretary's Award shall be made by the appropriate Secretary or a designee at such time, place and circumstance as the appropriate Secretary determines.

§ 2000.9 Funding.

(a) President's Award. The costs involved in designing and striking the cast for the medal to be presented in conjunction with the President's Award shall be prorated among the three Departments concerned. The cost of producing the medal and printing the certificate for a recipient shall be borne by the Department of Commerce if the recipient is a firefighter, by the Department of Defense if the recipient is a civil defense officer, or by the Department of Justice if the recipient is a law enforcement officer.

(b) Secretary's Award. All expenses in connection with the Secretary's Award shall be borne by the appropriate Department.

§ 2000.10 Effective date.

(a) These regulations are effective on January 1, 1978.

(b) Nominations may only be submitted on or after that date for acts,

Section 11 of the Federal Fire Prevention and Control Act of 1974 (Pub. L. 93-498, 88 Stat. 1535, 15 U.S.C. 2201 et seq., 278f, 42 U.S.C. 290(a)), provides that "each fire service that engages in the fighting of a fire on property which is under the jurisdiction of the United States may file a claim with the Administrator [NFPCA] for the amount of direct expenses and direct losses incurred by such fire service as a result of fighting such fire." This part, 45 CFR Part 2010, implements section 11 of the Act and governs the submission, determination, and appeal of claims under section 11. § 2010.02 Scope.

Fire services, in any State, may file claims for reimbursement under section 11 and this part for the direct expenses and losses which are additional