[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2565 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2565

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2008

  Mr. Biden (for himself, Mr. Sununu, and Mr. Specter) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish an awards mechanism to honor exceptional acts of bravery 
        in the line of duty by Federal 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 ``Federal Law Enforcement 
Congressional Badge of Bravery Act of 2007''.

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 for acts of bravery.
            (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 performing an act of bravery while in the line of duty.

SEC. 4. NOMINATIONS.

    (a) In General.--An agency head may nominate for a Badge an 
individual--
            (1) who is a Federal law enforcement officer working within 
        the agency of the agency head making the nomination; and
            (2) who--
                    (A)(i) sustained a physical injury while--
                                    (I) engaged in his or her lawful 
                                duties; and
                                    (II) performing an act 
                                characterized as bravery by the agency 
                                head making the nomination; and
                            (ii) put himself or herself at personal 
                        risk when the injury described in clause (i) 
                        occurred; or
                    (B) while not injured, performed an act 
                characterized as bravery by the agency head making the 
                nomination that placed that 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.--An agency head shall submit each 
nomination under subsection (a) to the Congressional Badge of Bravery 
Office by February 15 of the year following the date on which the 
nominee performed the act of bravery described in subsection (a).

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 Board shall do the following:
            (1) Design the Badge with appropriate ribbons and 
        appurtenances.
            (2) Select an engraver to produce each Badge.
            (3) Recommend recipients of the Badge from among those 
        nominations timely submitted to the Congressional Badge of 
        Bravery Office.
            (4) Annually present to the Attorney General the names of 
        Federal law enforcement officers who the Board recommends as 
        Badge recipients in accordance with the criteria described in 
        section 4(a).
            (5) After approval by the Attorney General--
                    (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 recipient of 
                such Badge;
                    (C) send a letter to each Member of Congress 
                representing the congressional district where the 
                recipient of each Badge resides to offer such Member an 
                opportunity to present such Badge; and
                    (D) make or facilitate arrangements for presenting 
                each Badge in accordance with section 7.
            (6) 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) Limitation.--No more than 5 Board members may be 
        members of the Federal Law Enforcement Officers Association.
            (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.
    (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), each 
        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 Board member is engaged in the performance of the 
        duties of the Board.
            (2) Prohibition of compensation for government employees.--
        Board members who serve as officers or employees of Federal, a 
        State, or a local government may not receive additional pay, 
        allowances, or benefits by reason of their service on the 
        Board.
            (3) 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. CONGRESSIONAL BADGE OF BRAVERY OFFICE.

    There is established within the Department of Justice a 
Congressional Badge of Bravery Office (in this Act referred to as the 
``Office''). The Office shall--
            (1) receive nominations from agency heads on behalf of the 
        Board and deliver such nominations to the Board at Board 
        meetings described in section 5(d)(2); and
            (2) provide staff support to the Board to carry out the 
        duties described in section 5(b).

SEC. 7. 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 Members 
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.

SEC. 8. 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.
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