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.
1.This Act may be cited as the
Law Enforcement Congressional Badge of
Bravery Act of 2008
.
2.In this Act:
(1)The term Federal
agency head means the head of any executive, legislative, or judicial
branch Government entity that employs Federal law enforcement officers.
(2)The term Federal Board means the Federal Law
Enforcement Congressional Badge of Bravery Board established under section
103(a).
(3)The term Federal Board members means the
members of the Federal Board appointed under section 103(c).
(4)Federal Law Enforcement
BadgeThe term Federal Law Enforcement Badge means
the Federal Law Enforcement Congressional Badge of Bravery described in section
101.
(5)Federal Law Enforcement
OfficerThe 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)The
term Office means the Congressional Badge of Bravery Office
established under section 301(a).
(7)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
membersThe 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 BadgeThe 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
headThe 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 officerThe 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.
<enum>I</enum><header>Federal Law Enforcement
Congressional Badge of Bravery</header>
<section id="idd35bb32a-326f-4334-bcc5-97b2078763b6"><enum>101.</enum><header>Authorization of a
Badge</header><text display-inline="no-display-inline">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.</text>
</section><section id="id394005e9-2def-4c1f-9c2a-9fad8d170ebe"><enum>102.</enum><header>Nominations</header>
<subsection id="idba2c9741-4cf5-4509-9d47-d59608662cf5"><enum>(a)</enum><header>In
General</header><text display-inline="yes-display-inline">A Federal agency head
may nominate for a Federal Law Enforcement Badge an individual—</text>
<paragraph display-inline="no-display-inline" id="idb1ce0490-6624-4426-8aab-fb6a5394dca2"><enum>(1)</enum><text display-inline="yes-display-inline">who is a Federal law enforcement officer
working within the agency of the Federal agency head making the nomination;
and</text>
</paragraph><paragraph id="id97aee6eb-3cce-4799-8f39-dce7de19e399"><enum>(2)</enum><text display-inline="yes-display-inline">who—</text>
<subparagraph id="id1349d95f-e074-4093-836e-45677c1667eb"><enum>(A)</enum><clause commented="no" display-inline="yes-display-inline" id="id22c3241c-4360-4a65-a8f1-665367406325"><enum>(i)</enum><text display-inline="yes-display-inline">sustained a physical injury while—</text>
<subclause changed="added" committee-id="SSJU00" id="idd978d51b-331b-4984-bad4-dd6946ddc207" reported-display-style="italic"><enum>(I)</enum><text>engaged in the lawful
duties of the individual; and</text>
</subclause><subclause changed="added" committee-id="SSJU00" id="id4b03d0f8-bd4e-404f-9094-a13d38309979" reported-display-style="italic"><enum>(II)</enum><text>performing an act
characterized as bravery by the Federal agency head making the nomination;
and</text>
</subclause></clause><clause changed="added" committee-id="SSJU00" id="id3167c8fc-c4b0-4116-9b6c-632791910e1f" reported-display-style="italic"><enum>(ii)</enum><text display-inline="yes-display-inline">put the individual at personal risk when
the injury described in clause (i) occurred; or</text>
</clause></subparagraph><subparagraph id="idaffbfd1e-3da4-448b-b955-b7efd418d098"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph></subsection><subsection id="id8eb1f19e-1883-44e8-b0a3-b47bcccc6514"><enum>(b)</enum><header>Contents</header><text>A
nomination under subsection (a) shall include—</text>
<paragraph id="ida06e2f7c-aee4-4bdd-bc56-8ef3ac9548ff"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="id0f456233-91d8-47b8-a615-8eb2063dd4e9"><enum>(2)</enum><text>the full name of the
nominee;</text>
</paragraph><paragraph id="id1921479b-3c70-4aa1-8b6e-2d254418c6a1"><enum>(3)</enum><text>the home mailing address
of the nominee;</text>
</paragraph><paragraph id="idabddc6d7-8890-4ca0-914c-10c57bdc41d7"><enum>(4)</enum><text display-inline="yes-display-inline">the agency in which the nominee served on
the date when such nominee performed the act of bravery described in subsection
(a);</text>
</paragraph><paragraph id="id6e27a3bf-5d6d-48b6-a647-eabd85d08f63"><enum>(5)</enum><text>the occupational title
and grade or rank of the nominee;</text>
</paragraph><paragraph id="id6e5ca6df-bc61-40d0-8202-cc177ade02fc"><enum>(6)</enum><text display-inline="yes-display-inline">the field office address of the nominee on
the date when such nominee performed the act of bravery described in subsection
(a); and</text>
</paragraph><paragraph id="iddf43de3d-047d-4dfa-9f8b-ec5a7cc2f44a"><enum>(7)</enum><text display-inline="yes-display-inline">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).</text>
</paragraph></subsection><subsection id="id16f0b400-0890-46a2-a980-d8925a6e2a2b"><enum>(c)</enum><header>Submission
Deadline</header><text display-inline="yes-display-inline">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).</text>
</subsection></section><section id="id22adf11b-6a2f-4c1c-893a-a8351ae4fb46"><enum>103.</enum><header>Federal Law
Enforcement Congressional Badge of Bravery Board</header>
<subsection id="id2bd9134e-d73d-4cf2-8346-2f085fa43a0d"><enum>(a)</enum><header>Establishment</header><text display-inline="yes-display-inline">There is established within the Department
of Justice a Federal Law Enforcement Congressional Badge of Bravery
Board.</text>
</subsection><subsection display-inline="no-display-inline" id="id90d40154-41e6-4363-ae23-230110be44dd"><enum>(b)</enum><header>Duties</header><text>The
Federal Board shall do the following:</text>
<paragraph id="ideee2a1a3-e813-48ed-8fc9-d0fd95c11320"><enum>(1)</enum><text display-inline="yes-display-inline">Design the Federal Law Enforcement Badge
with appropriate ribbons and appurtenances.</text>
</paragraph><paragraph id="id130897f5-39c9-4a58-b744-2f7086e91349"><enum>(2)</enum><text display-inline="yes-display-inline">Select an engraver to produce each Federal
Law Enforcement Badge.</text>
</paragraph><paragraph id="id85153c25-7435-480c-b668-43e5dc5a53a2"><enum>(3)</enum><text>Recommend recipients of
the Federal Law Enforcement Badge from among those nominations timely submitted
to the Office.</text>
</paragraph><paragraph id="ida6715eea-8b37-4865-a89c-6a5901fb667b"><enum>(4)</enum><text>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).</text>
</paragraph><paragraph id="ida792fe11-321f-4022-b474-60475c0fd2f4"><enum>(5)</enum><text>After approval by the
Attorney General—</text>
<subparagraph id="idf4a8be19-9d62-410c-a792-dce7dbaf069b"><enum>(A)</enum><text display-inline="yes-display-inline">procure the Federal Law Enforcement Badges
from the engraver selected under paragraph (2);</text>
</subparagraph><subparagraph id="idbefdd3b8-5813-4533-9f50-2ad1797738e8"><enum>(B)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="idee6e2d4c-2a75-4091-81e0-ce5400c63713"><enum>(C)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph id="id8c17bbaf-75dd-4c68-ae53-7702e06115ba"><enum>(D)</enum><text display-inline="yes-display-inline">make or facilitate arrangements for
presenting each Federal Law Enforcement Badge in accordance with section
104.</text>
</subparagraph></paragraph><paragraph id="id797e5654-8686-4620-aba3-26a1fd7740e4"><enum>(6)</enum><text display-inline="yes-display-inline">Set an annual timetable for fulfilling the
duties described in this subsection.</text>
</paragraph></subsection><subsection id="id516d02d6-b1b7-4d55-9bd1-549ed5bb3829"><enum>(c)</enum><header>Membership</header>
<paragraph id="id0c552a7a-7f45-4399-afb2-c58b6a49c6f8"><enum>(1)</enum><header>Number and
Appointment</header><text display-inline="yes-display-inline">The Federal Board
shall be composed of 7 members appointed as follows:</text>
<subparagraph id="id7e97a4dc-535a-44e3-9402-34c2dc2c7ca5"><enum>(A)</enum><text display-inline="yes-display-inline">One member jointly appointed by the
majority leader and minority leader of the Senate.</text>
</subparagraph><subparagraph id="idfd1fbf58-60cb-48ee-857d-320f8fc31d76"><enum>(B)</enum><text>One member jointly
appointed by the Speaker and minority leader of the House of
Representatives.</text>
</subparagraph><subparagraph id="idfc6ca128-8aca-4b9a-b16a-a23080714535"><enum>(C)</enum><text>One member from the
Department of Justice appointed by the Attorney General.</text>
</subparagraph><subparagraph id="idedf098c4-2680-4835-b676-cf22a017d609"><enum>(D)</enum><text>Two members of the
Federal Law Enforcement Officers Association appointed by the Executive Board
of the Federal Law Enforcement Officers Association.</text>
</subparagraph><subparagraph id="id365D79AB61694C58A0B95D60CB0227E4"><enum>(E)</enum><text>Two members of the
Fraternal Order of Police appointed by the Executive Board of the Fraternal
Order of Police.</text>
</subparagraph></paragraph><paragraph id="id016d0bd8-0d86-45bd-a4ae-1c755489e7b2"><enum>(2)</enum><header>Limitation</header><text>Not
more than—</text>
<subparagraph id="id9EFEA68A087B419F9526DBD43BDAEC2D"><enum>(A)</enum><text>2 Federal Board members
may be members of the Federal Law Enforcement Officers Association; and</text>
</subparagraph><subparagraph id="idE16E8FE198F34297BFE5DF8CD73EA76E"><enum>(B)</enum><text>2 Federal Board members
may be members of the Fraternal Order of Police.</text>
</subparagraph></paragraph><paragraph id="id09d73ed9-e04c-4fb6-921c-ac879ae3ef6b"><enum>(3)</enum><header>Qualifications</header><text display-inline="yes-display-inline">Federal Board members shall be individuals
with knowledge or expertise, whether by experience or training, in the field of
Federal law enforcement.</text>
</paragraph><paragraph id="idff2b14a2-8d3c-4d98-beed-c53ef3c86934"><enum>(4)</enum><header>Terms and
Vacancies</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="id2e0b723b-cfd3-4ccd-9885-779fe76c37c3"><enum>(d)</enum><header>Operations</header>
<paragraph id="id9c0ed616-8de9-4e39-a690-cbf9d9cbb0b4"><enum>(1)</enum><header>Chairperson</header><text display-inline="yes-display-inline">The Chairperson of the Federal Board shall
be a Federal Board member elected by a majority of the Federal Board.</text>
</paragraph><paragraph id="id1d861744-5d3b-484a-a95d-642aa139140e"><enum>(2)</enum><header>Meetings</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="idd00190e5-aa9c-4ef6-af22-65e45588edc9"><enum>(3)</enum><header>Voting and
Rules</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="id883e89c9-f069-455d-9cd5-e0f56cea025a"><enum>(e)</enum><header>Powers</header>
<paragraph id="idf3f08cdc-0121-4b0b-af5e-adcae3595f87"><enum>(1)</enum><header>Hearings</header>
<subparagraph id="id8f44d459-95c4-4188-8a7a-2ced465c6f49"><enum>(A)</enum><header>In
General</header><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph id="id1a779ca3-f719-4d10-9125-aefe2b814c05"><enum>(B)</enum><header>Witness
Expenses</header><text>Witnesses requested to appear before the Federal Board
may be paid the same fees as are paid to witnesses under
<external-xref legal-doc="usc" parsable-cite="usc/28/1821">section
1821</external-xref> of title 28, United States Code. The per diem and mileage
allowances for witnesses shall be paid from funds appropriated to the Federal
Board.</text>
</subparagraph></paragraph><paragraph id="idee71806c-b959-426f-9927-c8f0e2485fa5"><enum>(2)</enum><header>Information from
Federal Agencies</header><text display-inline="yes-display-inline">Subject to
sections 552, 552a, and 552b of title 5, United States Code—</text>
<subparagraph id="idc294a8b7-735d-4b0c-9d54-f6bb38c28203"><enum>(A)</enum><text display-inline="yes-display-inline">the Federal Board may secure directly from
any Federal department or agency information necessary to enable it to carry
out this title; and</text>
</subparagraph><subparagraph id="idb463db12-46e8-47bb-8ea8-b532803028c5"><enum>(B)</enum><text display-inline="yes-display-inline">upon request of the Federal Board, the head
of that department or agency shall furnish the information to the Federal
Board.</text>
</subparagraph></paragraph><paragraph id="id1b33baba-cd24-472e-8207-0046d51f09fe"><enum>(3)</enum><header>Information to be Kept
Confidential</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="id1b05d291-5454-4c8a-9662-d305a9aa64d8"><enum>(f)</enum><header>Compensation</header>
<paragraph id="id86edadc1-3529-4ae8-8724-d655e867896d"><enum>(1)</enum><header>In
General</header><text>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 <external-xref legal-doc="usc" parsable-cite="usc/5/5315">section
5315</external-xref> 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.</text>
</paragraph><paragraph id="idc3b989f3-3b95-4a91-bc4a-3bbe91aae537"><enum>(2)</enum><header>Prohibition of
Compensation for Government Employees</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id0bd9b80c-692f-4af8-bdc3-eb8dde9538a8"><enum>(3)</enum><header>Travel
Expenses</header><text display-inline="yes-display-inline">Each Federal Board
member shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under subchapter I of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/57">chapter
57</external-xref> of title 5, United States Code.</text>
</paragraph></subsection></section><section id="idf72a5538-f735-4119-83c5-5528770ad791"><enum>104.</enum><header>Presentation of
Federal Law Enforcement Badges</header>
<subsection id="id047a696c-0d40-4333-894c-6d40c6ef9bfb"><enum>(a)</enum><header>Presentation by Member
of Congress</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="id08031994-3b17-4f38-925a-da5bee4b3512"><enum>(b)</enum><header>Presentation by
Attorney General</header><text>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.</text>
</subsection><subsection id="id67d3f20c-c23e-4c99-896e-8267f03043c2"><enum>(c)</enum><header>Presentation
Arrangements</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><enum>II</enum><header>State and Local Law
Enforcement Congressional Badge of Bravery</header>
<section id="id57533AF91E8E438AAD499547FBB04F3E"><enum>201.</enum><header>Authorization of a
Badge</header><text display-inline="no-display-inline">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.</text>
</section><section id="idB3BCC1D323E24ACA8E54632D3078FE04"><enum>202.</enum><header>Nominations</header>
<subsection id="id5DB7B26ED8604DFE8883F22AE7E48EF2"><enum>(a)</enum><header>In
General</header><text display-inline="yes-display-inline">A State or local
agency head may nominate for a State and Local Law Enforcement Badge an
individual—</text>
<paragraph display-inline="no-display-inline" id="id4CB0C87001EB4B309554738F84D7A74E"><enum>(1)</enum><text display-inline="yes-display-inline">who is a State or local law enforcement
officer working within the agency of the State or local agency head making the
nomination; and</text>
</paragraph><paragraph id="id5A3DAFAC4E7B45D5B010620379F6C285"><enum>(2)</enum><text display-inline="yes-display-inline">who—</text>
<subparagraph id="id7268AC209B224129A4EE338BCFE84BD6"><enum>(A)</enum><clause commented="no" display-inline="yes-display-inline" id="idEE6D1E26DB5B45219FCAECFE5C776F1C"><enum>(i)</enum><text display-inline="yes-display-inline">sustained a physical injury while—</text>
<subclause changed="added" committee-id="SSJU00" id="id797F5AE82B40438BACB47B356710911A" reported-display-style="italic"><enum>(I)</enum><text>engaged in the lawful
duties of the individual; and</text>
</subclause><subclause changed="added" committee-id="SSJU00" id="id83FA3CDBB2DA40CF827CE32E167D61E1" reported-display-style="italic"><enum>(II)</enum><text>performing an act
characterized as bravery by the State or local agency head making the
nomination; and</text>
</subclause></clause><clause changed="added" committee-id="SSJU00" id="id8FDD1187EE134C3095D606BE167F3256" reported-display-style="italic"><enum>(ii)</enum><text display-inline="yes-display-inline">put the individual at personal risk when
the injury described in clause (i) occurred; or</text>
</clause></subparagraph><subparagraph id="id5AB7D0F5A1604F8FA73B714A69425538"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph></subsection><subsection id="id2A5905E3CF9D4EA59106EC0E70D66C8D"><enum>(b)</enum><header>Contents</header><text>A
nomination under subsection (a) shall include—</text>
<paragraph id="id11D8A704124548E79C891A6EEA02C527"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="idE9DCCB42ED5740FB962ED5FC49BB4AB9"><enum>(2)</enum><text>the full name of the
nominee;</text>
</paragraph><paragraph id="id53AAC11949AF436A9E14D9F199F0FC4D"><enum>(3)</enum><text>the home mailing address
of the nominee;</text>
</paragraph><paragraph id="idE20849DD8242474389377E331CA1F52D"><enum>(4)</enum><text display-inline="yes-display-inline">the agency in which the nominee served on
the date when such nominee performed the act of bravery described in subsection
(a);</text>
</paragraph><paragraph id="idCD6887769EC547698F52E6176E924883"><enum>(5)</enum><text>the occupational title
and grade or rank of the nominee;</text>
</paragraph><paragraph id="idAA0F6B81BDCC4DAF8C2103DE38EB7CD8"><enum>(6)</enum><text display-inline="yes-display-inline">the field office address of the nominee on
the date when such nominee performed the act of bravery described in subsection
(a); and</text>
</paragraph><paragraph id="id15A712DBE05749389CAE9E62ED107C24"><enum>(7)</enum><text display-inline="yes-display-inline">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).</text>
</paragraph></subsection><subsection id="idBE9D2650665241BEBD0817B6C6707AA1"><enum>(c)</enum><header>Submission
Deadline</header><text display-inline="yes-display-inline">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).</text>
</subsection></section><section id="id8D93E19F67314B4A95E3E58631D89647"><enum>203.</enum><header>State and Local Law
Enforcement Congressional Badge of Bravery Board</header>
<subsection id="idAF3C37329E004BCFAF06D734EF236957"><enum>(a)</enum><header>Establishment</header><text display-inline="yes-display-inline">There is established within the Department
of Justice a State and Local Law Enforcement Congressional Badge of Bravery
Board.</text>
</subsection><subsection display-inline="no-display-inline" id="id9073918F7AC647AD8872DD8DCD5FAE3A"><enum>(b)</enum><header>Duties</header><text>The
State and Local Board shall do the following:</text>
<paragraph id="id4CA7EEF5789640549C3EF94D19A5B87F"><enum>(1)</enum><text display-inline="yes-display-inline">Design the State and Local Law Enforcement
Badge with appropriate ribbons and appurtenances.</text>
</paragraph><paragraph id="idBEAD5DB016C54994B1BCAC263B48001D"><enum>(2)</enum><text display-inline="yes-display-inline">Select an engraver to produce each State
and Local Law Enforcement Badge.</text>
</paragraph><paragraph id="id2980D7D6F1D940659F982BA6195B8F25"><enum>(3)</enum><text>Recommend recipients of
the State and Local Law Enforcement Badge from among those nominations timely
submitted to the Office.</text>
</paragraph><paragraph id="idAADE15C4F8524BCEB377D617181EFFF2"><enum>(4)</enum><text>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).</text>
</paragraph><paragraph id="id6D9B6A4A31194D48B7C56DAEAB809598"><enum>(5)</enum><text>After approval by the
Attorney General—</text>
<subparagraph id="id7DE061934889423CAD75A9D529370A9A"><enum>(A)</enum><text display-inline="yes-display-inline">procure the State and Local Law Enforcement
Badges from the engraver selected under paragraph (2);</text>
</subparagraph><subparagraph id="id9E1B3CF581AB4896B50B47CA921ACE7E"><enum>(B)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="idF4F47A529D1C4C519D00F7EDF1B8CA41"><enum>(C)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph id="id1000C35DCD224FBC9E662363AC9A460D"><enum>(D)</enum><text display-inline="yes-display-inline">make or facilitate arrangements for
presenting each State and Local Law Enforcement Badge in accordance with
section 204.</text>
</subparagraph></paragraph><paragraph id="idDBD00D3212754272BCF751C9DD510D35"><enum>(6)</enum><text display-inline="yes-display-inline">Set an annual timetable for fulfilling the
duties described in this subsection.</text>
</paragraph></subsection><subsection id="id90FF3FEC27D34C1DA52EFF4487F945ED"><enum>(c)</enum><header>Membership</header>
<paragraph id="id651A97AD92C54CE9ACCA8F75B5255CB5"><enum>(1)</enum><header>Number and
Appointment</header><text display-inline="yes-display-inline">The State and
Local Board shall be composed of 9 members appointed as follows:</text>
<subparagraph id="idB89337124C3C4A17988FC477B10B9A46"><enum>(A)</enum><text display-inline="yes-display-inline">One member jointly appointed by the
majority leader and minority leader of the Senate.</text>
</subparagraph><subparagraph id="idE2550E4FB5534E48ADAD8E4FAFAB3696"><enum>(B)</enum><text>One member jointly
appointed by the Speaker and minority leader of the House of
Representatives.</text>
</subparagraph><subparagraph id="id27B8BCE117E7492A92E75B059AC8AC94"><enum>(C)</enum><text>One member from the
Department of Justice appointed by the Attorney General.</text>
</subparagraph><subparagraph id="id28E97D50153D4EAE80A27E5A0624830A"><enum>(D)</enum><text>Two members of the
Fraternal Order of Police appointed by the Executive Board of the Fraternal
Order of Police.</text>
</subparagraph><subparagraph id="id04F6B6D113DF4267BD0E95680B22937F"><enum>(E)</enum><text>One member of the
National Association of Police Organizations appointed by the Executive Board
of the National Association of Police Organizations.</text>
</subparagraph><subparagraph id="id8ACA689ED0B3492CBA77E672B87065F9"><enum>(F)</enum><text>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.</text>
</subparagraph><subparagraph id="idCDA72A80BA124C7EA55CA8A14C49F7DF"><enum>(G)</enum><text>One member of the
International Association of Chiefs of Police appointed by the Board of
Officers of the International Association of Chiefs of Police.</text>
</subparagraph><subparagraph id="idDAA7DA40426B411681EF81299D2B3FDC"><enum>(H)</enum><text>One member of the
National Sheriffs' Association appointed by the Executive Committee of the
National Sheriffs' Association.</text>
</subparagraph></paragraph><paragraph id="idCB32CDE026244608A8CFE8235115EBB2"><enum>(2)</enum><header>Limitation</header><text>Not
more than 5 State and Local Board members may be members of the Fraternal Order
of Police.</text>
</paragraph><paragraph id="id803D26ED53D8483385DA4113EB8CE702"><enum>(3)</enum><header>Qualifications</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id9681EE7227A24064AE6BB92D764AFAA5"><enum>(4)</enum><header>Terms and
Vacancies</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="id7F04B8255F6449859F22B7E2FCF7E6EC"><enum>(d)</enum><header>Operations</header>
<paragraph id="id3BBA8E46A1DD4BD4B1AFDF45C595D65C"><enum>(1)</enum><header>Chairperson</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="idE8AF1C934D2D480CA50C8CE6B98FC77C"><enum>(2)</enum><header>Meetings</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id72DFBDF5BF7045FCBB3065204024FD7A"><enum>(3)</enum><header>Voting and
Rules</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="id68C37003787D428E9CBA29FEEAA3084E"><enum>(e)</enum><header>Powers</header>
<paragraph id="id34F43351414E4A8AA5D5B9FDF9551C4A"><enum>(1)</enum><header>Hearings</header>
<subparagraph id="idBD080D654C004991B40149FAEA2D33DF"><enum>(A)</enum><header>In
General</header><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph id="id183F05A36F384F78B3D349A5A7F53B77"><enum>(B)</enum><header>Witness
Expenses</header><text>Witnesses requested to appear before the State and Local
Board may be paid the same fees as are paid to witnesses under
<external-xref legal-doc="usc" parsable-cite="usc/28/1821">section
1821</external-xref> 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.</text>
</subparagraph></paragraph><paragraph id="idFF51AE6176714A759F79C8E159385532"><enum>(2)</enum><header>Information from
Federal Agencies</header><text display-inline="yes-display-inline">Subject to
sections 552, 552a, and 552b of title 5, United States Code—</text>
<subparagraph id="id4871EA18F9B145028292B43884C4C8DC"><enum>(A)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph id="id286DA1583A394299B983FAA567A6A132"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><paragraph id="id15854AF8549C4CE1893D1760D7C93D2F"><enum>(3)</enum><header>Information to be Kept
Confidential</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="idF1E85B8D00DC42CEAE95051D4A43D1C9"><enum>(f)</enum><header>Compensation</header>
<paragraph id="id5A88545558C44F02A3F21B873FF00DDF"><enum>(1)</enum><header>In
General</header><text>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 <external-xref legal-doc="usc" parsable-cite="usc/5/5315">section
5315</external-xref> 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.</text>
</paragraph><paragraph id="id6DAA0FB11BAC4245BF9CE94C9D0D7ECC"><enum>(2)</enum><header>Prohibition of
Compensation for Government Employees</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id5ACCB7CB7B4D4F8ABB6260D963B49077"><enum>(3)</enum><header>Travel
Expenses</header><text display-inline="yes-display-inline">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
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/57">chapter
57</external-xref> of title 5, United States Code.</text>
</paragraph></subsection></section><section id="idA005FF30A2144C77A6BE562F59D82DB8"><enum>204.</enum><header>Presentation of State
and Local Law Enforcement Badges</header>
<subsection id="id41BC93DE8DA3456DA36A6ED59661AB9F"><enum>(a)</enum><header>Presentation by Member
of Congress</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="id47F11B98020244388A074E025ECED809"><enum>(b)</enum><header>Presentation by
Attorney General</header><text>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.</text>
</subsection><subsection id="idE5DC447CBDAC477C94D00E43442B1F09"><enum>(c)</enum><header>Presentation
Arrangements</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><enum>III</enum><header>Congressional Badge of
Bravery Office</header>
<section id="idb80bea83-e5dc-4276-953b-f26be19e356b"><enum>301.</enum><header>Congressional Badge of
Bravery Office</header>
<subsection id="idCF86F60446624DC08A0E48F33C2A176D"><enum>(a)</enum><header>Establishment</header><text display-inline="yes-display-inline">There is established within the Department
of Justice a Congressional Badge of Bravery Office.</text>
</subsection><subsection id="idCD626EB2DA0E47CE825C269D5028B040"><enum>(b)</enum><header>Duties</header><text display-inline="yes-display-inline">The Office shall—</text>
<paragraph id="id1b78f7d6-313f-46b9-aa1d-3aed37283816"><enum>(1)</enum><text display-inline="yes-display-inline">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);</text>
</paragraph><paragraph id="idD38974D52FF64649A0482F780A7231BA"><enum>(2)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="id826f8a05-9e70-4d9e-8e57-e443b215557e"><enum>(3)</enum><text display-inline="yes-display-inline">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.<pagebreak></pagebreak></text>
</paragraph></subsection></section>Amend the title so as to read:
A bill to establish an awards mechanism to honor exceptional acts of
bravery in the line of duty by Federal, State, and local law enforcement
officers.
.
June 24 (legislative day, June 23), 2008
Reported with an amendment and an amendment to the
title