1.This Act may be cited as the
Federal Law Enforcement Congressional
Badge of Bravery Act of 2007
.
2.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.
3.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.
4.
(a)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)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)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).
5.Congressional
Badge of Bravery Board
(a)There is established within the Department
of Justice a Congressional Badge of Bravery Board (in this Act referred to as
the Board
).
(b)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)
(1)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)No
more than 5 Board members may be members of the Federal Law Enforcement
Officers Association.
(3)Board members shall be individuals with
knowledge or expertise, whether by experience or training, in the field of
Federal law enforcement.
(4)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)
(1)The Chairperson of the Board shall be a
Board member elected by a majority of the Board.
(2)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)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)
(1)
(A)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)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 AgenciesSubject 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 ConfidentialThe
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)
(1)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 EmployeesBoard 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)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.
6.Congressional
Badge of Bravery OfficeThere
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).
7.
(a)Presentation by
Member of CongressA 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 GeneralIf 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
ArrangementsThe 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.
8.For purposes of this Act:
(a)Federal Law
Enforcement OfficerThe 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)The term agency
head means the head of any executive, legislative, or judicial branch
Government entity that employs Federal law enforcement officers.