[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4056 Referred in Senate (RFS)]

  2d Session
                                H. R. 4056


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 16, 2008

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
   To establish an awards mechanism to honor Federal law enforcement 
                 officers injured in the line of duty.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Law Enforcement Officers 
Congressional Badge of Bravery Act of 2008''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) According to the Department of Justice, in the past 7 
        years, an average of 150 Federal law enforcement officers per 
        year sustained physical injuries while dealing with an 
        assaultive subject.
            (2) More than 70 Federal agencies employ Federal law 
        enforcement officers but only 2 such agencies have an awards 
        mechanism to recognize Federal law enforcement officers who are 
        injured in the line of duty.
            (3) In contrast to the lack of an awards mechanism for 
        Federal law enforcement officers, the President awards the 
        Purple Heart for military personnel wounded or killed during 
        armed service, and most State and local police departments have 
        commendations and medals for officers who are injured in the 
        line of duty.
            (4) Formal congressional recognition does not exist to 
        honor Federal law enforcement officers who are injured in the 
        line of duty.
            (5) It is appropriate for Congress to recognize and honor 
        the brave men and women in Federal law enforcement who are 
        injured while putting themselves at personal risk in the line 
        of duty.

SEC. 3. AUTHORIZATION OF A BADGE.

    The Attorney General may award, and a Member of Congress or the 
Attorney General may present, in the name of Congress a Congressional 
Badge of Bravery (in this Act referred to as the ``Badge'') to a 
Federal law enforcement officer who is cited by the Attorney General, 
upon the recommendation of the Congressional Badge of Bravery Board, 
for sustaining a physical injury on or after January 1, 2007, while in 
the line of duty.

SEC. 4. NOMINATIONS.

    (a) In General.--An agency head may nominate for a Badge an 
individual who meets the following criteria:
            (1) The individual is a Federal law enforcement officer 
        working within the agency of the agency head making the 
        nomination.
            (2) The individual sustained a physical injury while in the 
        line of duty.
            (3) The individual faced personal risk when the injury 
        described in paragraph (2) occurred.
            (4) The injury described in paragraph (2) occurred during 
        some form of conduct characterized as bravery by the agency 
        head making the nomination.
    (b) Contents.--A nomination under subsection (a) shall include--
            (1) a written narrative, of not more than 2 pages, 
        describing the circumstances under which the nominee sustained 
        a physical injury described in subsection (a) and how the 
        circumstances meet the criteria described in such subsection;
            (2) the full name of the nominee;
            (3) the home mailing address of the nominee;
            (4) the agency in which the nominee served on the date when 
        such nominee sustained a physical injury described in 
        subsection (a);
            (5) the occupational title and grade or rank of the 
        nominee;
            (6) the field office address of the nominee on the date 
        when such nominee sustained a physical injury described in 
        subsection (a); and
            (7) the number of years of service in the Federal 
        government by the nominee as of the date when such nominee 
        sustained a physical injury described in subsection (a).
    (c) Submission Deadline.--
            (1) Injuries sustained before august 15.--In the case of an 
        individual who sustained a physical injury described in 
        subsection (a) on or after January 1 of a year and before 
        August 15 of such year, to nominate such individual under such 
        subsection for a Badge, an agency head shall submit such 
        nomination to the Congressional Badge of Bravery Board by 
        February 15 of the following year.
            (2) Injuries sustained on or after august 15.--In the case 
        of an individual who sustained a physical injury described in 
        subsection (a) on or after August 15 of a year, to nominate 
        such individual under such subsection for a Badge, an agency 
        head shall submit such nomination to the Congressional Badge of 
        Bravery Board by February 15 of the second year following the 
        date on which the individual sustained such physical injury.

SEC. 5. CONGRESSIONAL BADGE OF BRAVERY BOARD.

    (a) Establishment.--There is established within the Department of 
Justice a Congressional Badge of Bravery Board (in this Act referred to 
as the ``Board'').
    (b) Duties.--The duties of the Board are the following:
            (1) Design the Badge with appropriate ribbons and 
        appurtenances.
            (2) Select an engraver to produce each Badge.
            (3) Not later than July 15 of each year, from among the 
        nominations timely submitted to the Congressional Badge of 
        Bravery Board by February 15th of such year, endorse as 
        recipients of the Badge such nominations who meet the criteria 
        described in section 4(a) and submit to the Attorney General a 
        list of such nominations so endorsed.
            (4) After submission to the Attorney General of the list 
        described in paragraph (3)--
                    (A) procure the Badges from the engraver selected 
                under paragraph (2);
                    (B) send a letter announcing the award of each 
                Badge to the agency head who nominated the endorsed 
                recipient of such Badge;
                    (C) send a letter to each Member of Congress 
                representing the congressional district where the 
                endorsed recipient of each Badge resides to offer such 
                Member an opportunity to present such Badge;
                    (D) provide for the presentation of each Badge in 
                accordance with section 7; and
                    (E) provide for the posting of the name of each 
                endorsed recipient of the Badge on the public Internet 
                site of the Department of Justice in a manner that 
                acknowledges the Federal service and bravery of each 
                such recipient.
            (5) Set an annual timetable for fulfilling the duties 
        described in this subsection.
    (c) Membership.--
            (1) Number and appointment.--The Board shall be composed of 
        7 members (in this Act referred to as the ``Board members'') 
        appointed as follows:
                    (A) One member jointly appointed by the majority 
                leader and minority leader of the Senate.
                    (B) One member jointly appointed by the Speaker and 
                minority leader of the House of Representatives.
                    (C) One member from the Department of Justice 
                appointed by the Attorney General.
                    (D) Four members of the Federal Law Enforcement 
                Officers Association appointed by the Executive Board 
                of the Federal Law Enforcement Officers Association.
            (2) Limitations.--
                    (A) Applicable to members of the federal law 
                enforcement officers association.--No more than 5 Board 
                members may be members of the Federal Law Enforcement 
                Officers Association.
                    (B) Applicable to nominating officials.--In the 
                case of a Board member who is an agency head, if such 
                member nominates an individual under section 4(a), such 
                member may not participate in any evaluation or 
                recommendation process of the Board with respect to 
                such individual.
            (3) Qualifications.--Board members shall be individuals 
        with knowledge or expertise, whether by experience or training, 
        in the field of Federal law enforcement.
            (4) Terms and vacancies.--Each Board member shall be 
        appointed for 2 years and may be reappointed. A vacancy in the 
        Board shall not affect the powers of the Board and shall be 
        filled in the same manner as the original appointment.
    (d) Operations.--
            (1) Chairperson.--The Chairperson of the Board shall be a 
        Board member elected by a majority of the Board.
            (2) Meetings.--The Board shall conduct its first meeting 
        not later than 90 days after the appointment of a majority of 
        Board members. Thereafter, the Board shall meet at the call of 
        the Chairperson, or in the case of a vacancy of the position of 
        Chairperson, at the call of the Attorney General.
            (3) Voting and rules.--A majority of Board 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 business of the Board, if such 
        rules are not inconsistent with this Act or other applicable 
        law.
            (4) Staff.--The Board may appoint and fix the pay of 
        additional qualified personnel as the Board considers 
        appropriate to assist it in carrying out its duties under 
        subsection (b).
    (e) Powers.--
            (1) Hearings.--
                    (A) In general.--The Board may hold hearings, sit 
                and act at times and places, take testimony, and 
                receive evidence as the Board considers appropriate to 
                carry out the duties of the Board under this Act. The 
                Board may administer oaths or affirmations to witnesses 
                appearing before it.
                    (B) 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.
            (2) Information from federal agencies.--Subject to sections 
        552, 552a, and 552b of title 5, United States Code--
                    (A) the Board may secure directly from any Federal 
                department or agency information necessary to enable it 
                to carry out this Act; and
                    (B) upon request of the Board, the head of that 
                department or agency shall furnish the information to 
                the Board.
            (3) 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.
    (f) Compensation.--
            (1) In general.--Except as provided in paragraph (2), Board 
        members shall serve without pay.
            (2) Travel expenses.--Each Board member shall receive 
        travel expenses, including per diem in lieu of subsistence, in 
        accordance with applicable provisions under subchapter I of 
        chapter 57 of title 5, United States Code.

SEC. 6. PRESENTATION OF BADGES.

    (a) Presentation by Member of Congress.--A Member of Congress may 
present a Badge to any Badge recipient who resides in such Member's 
congressional district. If both a Senator and Representative choose to 
present a Badge, such Senator and Representative shall make a joint 
presentation.
    (b) Presentation by Attorney General.--If no Member of Congress 
chooses to present the Badge as described in subsection (a), the 
Attorney General, or a designee of the Attorney General, shall present 
such Badge.
    (c) Presentation Arrangements.--The office of the Member of 
Congress presenting each Badge may make arrangements for the 
presentation of such Badge, and if a Senator and Representative choose 
to participate jointly as described in subsection (a), the Senator and 
Representative shall make joint arrangements. The Board shall 
facilitate any such presentation arrangements as requested by the 
congressional office presenting the Badge and shall make arrangements 
in cases not undertaken by Members of Congress.
    (d) Limitation.--A Badge may not be awarded under this section 
during the 60-day period before the date of a Congressional election.

SEC. 7. DEFINITIONS.

    For purposes of this Act:
     (a) Federal Law Enforcement Officer.--The term ``Federal law 
enforcement officer'' means a Federal employee--
            (1) who has statutory authority to make arrests;
            (2) who is authorized by his or her agency to carry 
        firearms; and
            (3) whose duties are primarily--
                    (A) the investigation, apprehension, or detention 
                of individuals suspected or convicted of a Federal 
                criminal offense; or
                    (B) the protection of Federal officials against 
                threats to personal safety.
    (b) Agency Head.--The term ``agency head'' means the head of any 
executive, legislative, or judicial branch government entity that 
employs Federal law enforcement officers.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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

            Passed the House of Representatives April 15, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.