[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2565 Enrolled Bill (ENR)]

        S.2565

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight


                                 An Act


 
To establish an awards mechanism to honor exceptional acts of bravery in 
 the line of duty by Federal, State, and local law enforcement officers.

    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 ``Law Enforcement Congressional Badge 
of Bravery Act of 2008''.
SEC. 2. DEFINITIONS.
    In this Act:
        (1) Federal agency head.--The term ``Federal agency head'' 
    means the head of any executive, legislative, or judicial branch 
    Government entity that employs Federal law enforcement officers.
        (2) Federal board.--The term ``Federal Board'' means the 
    Federal Law Enforcement Congressional Badge of Bravery Board 
    established under section 103(a).
        (3) Federal board members.--The term ``Federal Board members'' 
    means the members of the Federal Board appointed under section 
    103(c).
        (4) Federal law enforcement badge.--The term ``Federal Law 
    Enforcement Badge'' means the Federal Law Enforcement Congressional 
    Badge of Bravery described in section 101.
        (5) Federal law enforcement officer.--The term ``Federal law 
    enforcement officer''--
            (A) means a Federal employee--
                (i) who has statutory authority to make arrests or 
            apprehensions;
                (ii) who is authorized by the agency of the employee to 
            carry firearms; and
                (iii) whose duties are primarily--

                    (I) engagement in or supervision of the prevention, 
                detection, investigation, or prosecution of, or the 
                incarceration of any person for, any violation of law; 
                or
                    (II) the protection of Federal, State, local, or 
                foreign government officials against threats to 
                personal safety; and

            (B) includes a law enforcement officer employed by the 
        Amtrak Police Department or Federal Reserve.
        (6) Office.--The term ``Office'' means the Congressional Badge 
    of Bravery Office established under section 301(a).
        (7) State and local board.--The term ``State and Local Board'' 
    means the State and Local Law Enforcement Congressional Badge of 
    Bravery Board established under section 203(a).
        (8) State and local board members.--The term ``State and Local 
    Board members'' means the members of the State and Local Board 
    appointed under section 203(c).
        (9) State and local law enforcement badge.--The term ``State 
    and Local Law Enforcement Badge'' means the State and Local Law 
    Enforcement Congressional Badge of Bravery described in section 
    201.
        (10) State or local agency head.--The term ``State or local 
    agency head'' means the head of any executive, legislative, or 
    judicial branch entity of a State or local government that employs 
    State or local law enforcement officers.
        (11) State or local law enforcement officer.--The term ``State 
    or local law enforcement officer'' means an employee of a State or 
    local government--
            (A) who has statutory authority to make arrests or 
        apprehensions;
            (B) who is authorized by the agency of the employee to 
        carry firearms; and
            (C) whose duties are primarily--
                (i) engagement in or supervision of the prevention, 
            detection, investigation, or prosecution of, or the 
            incarceration of any person for, any violation of law; or
                (ii) the protection of Federal, State, local, or 
            foreign government officials against threats to personal 
            safety.

    TITLE I--FEDERAL LAW ENFORCEMENT CONGRESSIONAL BADGE OF BRAVERY

    SEC. 101. 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 Federal Law 
Enforcement Congressional Badge of Bravery to a Federal law enforcement 
officer who is cited by the Attorney General, upon the recommendation 
of the Federal Board, for performing an act of bravery while in the 
line of duty.
    SEC. 102. NOMINATIONS.
    (a) In General.--A Federal agency head may nominate for a Federal 
Law Enforcement Badge an individual--
        (1) who is a Federal law enforcement officer working within the 
    agency of the Federal agency head making the nomination; and
        (2) who--
            (A)(i) sustained a physical injury while--

                    (I) engaged in the lawful duties of the individual; 
                and
                    (II) performing an act characterized as bravery by 
                the Federal agency head making the nomination; and

                (ii) put the individual at personal risk when the 
            injury described in clause (i) occurred; or
            (B) while not injured, performed an act characterized as 
        bravery by the Federal agency head making the nomination that 
        placed the individual at risk of serious physical injury or 
        death.
    (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 performed the act of 
    bravery 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 performed the act of bravery 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 performed the act of bravery described in subsection 
    (a); and
        (7) the number of years of Government service by the nominee as 
    of the date when such nominee performed the act of bravery 
    described in subsection (a).
    (c) Submission Deadline.--A Federal agency head shall submit each 
nomination under subsection (a) to the Office not later than February 
15 of the year following the date on which the nominee performed the 
act of bravery described in subsection (a).
    SEC. 103. FEDERAL LAW ENFORCEMENT CONGRESSIONAL BADGE OF BRAVERY 
      BOARD.
    (a) Establishment.--There is established within the Department of 
Justice a Federal Law Enforcement Congressional Badge of Bravery Board.
    (b) Duties.--The Federal Board shall do the following:
        (1) Design the Federal Law Enforcement Badge with appropriate 
    ribbons and appurtenances.
        (2) Select an engraver to produce each Federal Law Enforcement 
    Badge.
        (3) Recommend recipients of the Federal Law Enforcement Badge 
    from among those nominations timely submitted to the Office.
        (4) Annually present to the Attorney General the names of 
    Federal law enforcement officers who the Federal Board recommends 
    as Federal Law Enforcement Badge recipients in accordance with the 
    criteria described in section 102(a).
        (5) After approval by the Attorney General--
            (A) procure the Federal Law Enforcement Badges from the 
        engraver selected under paragraph (2);
            (B) send a letter announcing the award of each Federal Law 
        Enforcement Badge to the Federal agency head who nominated the 
        recipient of such Federal Law Enforcement Badge;
            (C) send a letter to each Member of Congress representing 
        the congressional district where the recipient of each Federal 
        Law Enforcement Badge resides to offer such Member an 
        opportunity to present such Federal Law Enforcement Badge; and
            (D) make or facilitate arrangements for presenting each 
        Federal Law Enforcement Badge in accordance with section 104.
        (6) Set an annual timetable for fulfilling the duties described 
    in this subsection.
    (c) Membership.--
        (1) Number and appointment.--The Federal Board shall be 
    composed of 7 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) Two members of the Federal Law Enforcement Officers 
        Association appointed by the Executive Board of the Federal Law 
        Enforcement Officers Association.
            (E) Two members of the Fraternal Order of Police appointed 
        by the Executive Board of the Fraternal Order of Police.
        (2) Limitation.--Not more than--
            (A) 2 Federal Board members may be members of the Federal 
        Law Enforcement Officers Association; and
            (B) 2 Federal Board members may be members of the Fraternal 
        Order of Police.
        (3) Qualifications.--Federal 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 Federal Board member shall be 
    appointed for 2 years and may be reappointed. A vacancy in the 
    Federal Board shall not affect the powers of the Federal Board and 
    shall be filled in the same manner as the original appointment.
    (d) Operations.--
        (1) Chairperson.--The Chairperson of the Federal Board shall be 
    a Federal Board member elected by a majority of the Federal Board.
        (2) Meetings.--The Federal Board shall conduct its first 
    meeting not later than 90 days after the appointment of a majority 
    of Federal Board members. Thereafter, the Federal 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 Federal Board members 
    shall constitute a quorum to conduct business, but the Federal 
    Board may establish a lesser quorum for conducting hearings 
    scheduled by the Federal Board. The Federal Board may establish by 
    majority vote any other rules for the conduct of the business of 
    the Federal Board, if such rules are not inconsistent with this 
    title or other applicable law.
    (e) Powers.--
        (1) Hearings.--
            (A) In general.--The Federal Board may hold hearings, sit 
        and act at times and places, take testimony, and receive 
        evidence as the Federal Board considers appropriate to carry 
        out the duties of the Federal Board under this title. The 
        Federal Board may administer oaths or affirmations to witnesses 
        appearing before it.
            (B) Witness expenses.--Witnesses requested to appear before 
        the Federal 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 Federal Board.
        (2) Information from federal agencies.--Subject to sections 
    552, 552a, and 552b of title 5, United States Code--
            (A) the Federal Board may secure directly from any Federal 
        department or agency information necessary to enable it to 
        carry out this title; and
            (B) upon request of the Federal Board, the head of that 
        department or agency shall furnish the information to the 
        Federal Board.
        (3) Information to be kept confidential.--The Federal 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), each 
    Federal Board member 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 Federal Board member is engaged in the performance of 
    the duties of the Federal Board.
        (2) Prohibition of compensation for government employees.--
    Federal Board members who serve as officers or employees of the 
    Federal Government or a State or a local government may not receive 
    additional pay, allowances, or benefits by reason of their service 
    on the Federal Board.
        (3) Travel expenses.--Each Federal 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. 104. PRESENTATION OF FEDERAL LAW ENFORCEMENT BADGES.
    (a) Presentation by Member of Congress.--A Member of Congress may 
present a Federal Law Enforcement Badge to any Federal Law Enforcement 
Badge recipient who resides in such Member's congressional district. If 
both a Senator and Representative choose to present a Federal Law 
Enforcement Badge, such Senator and Representative shall make a joint 
presentation.
    (b) Presentation by Attorney General.--If no Member of Congress 
chooses to present the Federal Law Enforcement Badge as described in 
subsection (a), the Attorney General, or a designee of the Attorney 
General, shall present such Federal Law Enforcement Badge.
    (c) Presentation Arrangements.--The office of the Member of 
Congress presenting each Federal Law Enforcement Badge may make 
arrangements for the presentation of such Federal Law Enforcement 
Badge, and if a Senator and Representative choose to participate 
jointly as described in subsection (a), the Members shall make joint 
arrangements. The Federal Board shall facilitate any such presentation 
arrangements as requested by the congressional office presenting the 
Federal Law Enforcement Badge and shall make arrangements in cases not 
undertaken by Members of Congress.

   TITLE II--STATE AND LOCAL LAW ENFORCEMENT CONGRESSIONAL BADGE OF 
                                BRAVERY

    SEC. 201. 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 State and Local 
Law Enforcement Congressional Badge of Bravery to a State or local law 
enforcement officer who is cited by the Attorney General, upon the 
recommendation of the State and Local Board, for performing an act of 
bravery while in the line of duty.
    SEC. 202. NOMINATIONS.
    (a) In General.--A State or local agency head may nominate for a 
State and Local Law Enforcement Badge an individual--
        (1) who is a State or local law enforcement officer working 
    within the agency of the State or local agency head making the 
    nomination; and
        (2) who--
            (A)(i) sustained a physical injury while--

                    (I) engaged in the lawful duties of the individual; 
                and
                    (II) performing an act characterized as bravery by 
                the State or local agency head making the nomination; 
                and

                (ii) put the individual at personal risk when the 
            injury described in clause (i) occurred; or
            (B) while not injured, performed an act characterized as 
        bravery by the State or local agency head making the nomination 
        that placed the individual at risk of serious physical injury 
        or death.
    (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 performed the act of 
    bravery 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 performed the act of bravery 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 performed the act of bravery described in subsection 
    (a); and
        (7) the number of years of government service by the nominee as 
    of the date when such nominee performed the act of bravery 
    described in subsection (a).
    (c) Submission Deadline.--A State or local agency head shall submit 
each nomination under subsection (a) to the Office not later than 
February 15 of the year following the date on which the nominee 
performed the act of bravery described in subsection (a).
    SEC. 203. STATE AND LOCAL LAW ENFORCEMENT CONGRESSIONAL BADGE OF 
      BRAVERY BOARD.
    (a) Establishment.--There is established within the Department of 
Justice a State and Local Law Enforcement Congressional Badge of 
Bravery Board.
    (b) Duties.--The State and Local Board shall do the following:
        (1) Design the State and Local Law Enforcement Badge with 
    appropriate ribbons and appurtenances.
        (2) Select an engraver to produce each State and Local Law 
    Enforcement Badge.
        (3) Recommend recipients of the State and Local Law Enforcement 
    Badge from among those nominations timely submitted to the Office.
        (4) Annually present to the Attorney General the names of State 
    or local law enforcement officers who the State and Local Board 
    recommends as State and Local Law Enforcement Badge recipients in 
    accordance with the criteria described in section 202(a).
        (5) After approval by the Attorney General--
            (A) procure the State and Local Law Enforcement Badges from 
        the engraver selected under paragraph (2);
            (B) send a letter announcing the award of each State and 
        Local Law Enforcement Badge to the State or local agency head 
        who nominated the recipient of such State and Local Law 
        Enforcement Badge;
            (C) send a letter to each Member of Congress representing 
        the congressional district where the recipient of each State 
        and Local Law Enforcement Badge resides to offer such Member an 
        opportunity to present such State and Local Law Enforcement 
        Badge; and
            (D) make or facilitate arrangements for presenting each 
        State and Local Law Enforcement Badge in accordance with 
        section 204.
        (6) Set an annual timetable for fulfilling the duties described 
    in this subsection.
    (c) Membership.--
        (1) Number and appointment.--The State and Local Board shall be 
    composed of 9 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) Two members of the Fraternal Order of Police appointed 
        by the Executive Board of the Fraternal Order of Police.
            (E) One member of the National Association of Police 
        Organizations appointed by the Executive Board of the National 
        Association of Police Organizations.
            (F) One member of the National Organization of Black Law 
        Enforcement Executives appointed by the Executive Board of the 
        National Organization of Black Law Enforcement Executives.
            (G) One member of the International Association of Chiefs 
        of Police appointed by the Board of Officers of the 
        International Association of Chiefs of Police.
            (H) One member of the National Sheriffs' Association 
        appointed by the Executive Committee of the National Sheriffs' 
        Association.
        (2) Limitation.--Not more than 5 State and Local Board members 
    may be members of the Fraternal Order of Police.
        (3) Qualifications.--State and Local Board members shall be 
    individuals with knowledge or expertise, whether by experience or 
    training, in the field of State and local law enforcement.
        (4) Terms and vacancies.--Each State and Local Board member 
    shall be appointed for 2 years and may be reappointed. A vacancy in 
    the State and Local Board shall not affect the powers of the State 
    and Local Board and shall be filled in the same manner as the 
    original appointment.
    (d) Operations.--
        (1) Chairperson.--The Chairperson of the State and Local Board 
    shall be a State and Local Board member elected by a majority of 
    the State and Local Board.
        (2) Meetings.--The State and Local Board shall conduct its 
    first meeting not later than 90 days after the appointment of a 
    majority of State and Local Board members. Thereafter, the State 
    and Local 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 State and Local Board 
    members shall constitute a quorum to conduct business, but the 
    State and Local Board may establish a lesser quorum for conducting 
    hearings scheduled by the State and Local Board. The State and 
    Local Board may establish by majority vote any other rules for the 
    conduct of the business of the State and Local Board, if such rules 
    are not inconsistent with this title or other applicable law.
    (e) Powers.--
        (1) Hearings.--
            (A) In general.--The State and Local Board may hold 
        hearings, sit and act at times and places, take testimony, and 
        receive evidence as the State and Local Board considers 
        appropriate to carry out the duties of the State and Local 
        Board under this title. The State and Local Board may 
        administer oaths or affirmations to witnesses appearing before 
        it.
            (B) Witness expenses.--Witnesses requested to appear before 
        the State and Local 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 State and Local Board.
        (2) Information from federal agencies.--Subject to sections 
    552, 552a, and 552b of title 5, United States Code--
            (A) the State and Local Board may secure directly from any 
        Federal department or agency information necessary to enable it 
        to carry out this title; and
            (B) upon request of the State and Local Board, the head of 
        that department or agency shall furnish the information to the 
        State and Local Board.
        (3) Information to be kept confidential.--The State and Local 
    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), each 
    State and Local Board member 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 State and Local Board member is engaged in the 
    performance of the duties of the State and Local Board.
        (2) Prohibition of compensation for government employees.--
    State and Local Board members who serve as officers or employees of 
    the Federal Government or a State or a local government may not 
    receive additional pay, allowances, or benefits by reason of their 
    service on the State and Local Board.
        (3) Travel expenses.--Each State and Local 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. 204. PRESENTATION OF STATE AND LOCAL LAW ENFORCEMENT BADGES.
    (a) Presentation by Member of Congress.--A Member of Congress may 
present a State and Local Law Enforcement Badge to any State and Local 
Law Enforcement Badge recipient who resides in such Member's 
congressional district. If both a Senator and Representative choose to 
present a State and Local Law Enforcement Badge, such Senator and 
Representative shall make a joint presentation.
    (b) Presentation by Attorney General.--If no Member of Congress 
chooses to present the State and Local Law Enforcement Badge as 
described in subsection (a), the Attorney General, or a designee of the 
Attorney General, shall present such State and Local Law Enforcement 
Badge.
    (c) Presentation Arrangements.--The office of the Member of 
Congress presenting each State and Local Law Enforcement Badge may make 
arrangements for the presentation of such State and Local Law 
Enforcement Badge, and if a Senator and Representative choose to 
participate jointly as described in subsection (a), the Members shall 
make joint arrangements. The State and Local Board shall facilitate any 
such presentation arrangements as requested by the congressional office 
presenting the State and Local Law Enforcement Badge and shall make 
arrangements in cases not undertaken by Members of Congress.

            TITLE III--CONGRESSIONAL BADGE OF BRAVERY OFFICE

    SEC. 301. CONGRESSIONAL BADGE OF BRAVERY OFFICE.
    (a) Establishment.--There is established within the Department of 
Justice a Congressional Badge of Bravery Office.
    (b) Duties.--The Office shall--
        (1) receive nominations from Federal agency heads on behalf of 
    the Federal Board and deliver such nominations to the Federal Board 
    at Federal Board meetings described in section 103(d)(2);
        (2) receive nominations from State or local agency heads on 
    behalf of the State and Local Board and deliver such nominations to 
    the State and Local Board at State and Local Board meetings 
    described in section 203(d)(2); and
        (3) provide staff support to the Federal Board and the State 
    and Local Board to carry out the duties described in section 103(b) 
    and section 203(b), respectively.

                               Speaker of the House of Representatives.

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