[Congressional Record Volume 154, Number 59 (Tuesday, April 15, 2008)]
[House]
[Pages H2276-H2278]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL LAW ENFORCEMENT OFFICERS CONGRESSIONAL BADGE OF BRAVERY ACT OF
2008
Ms. ZOE LOFGREN of California. Madam Speaker, I move to suspend the
rules and pass the bill (H.R. 4056) to establish an awards mechanism to
honor Federal law enforcement officers injured in the line of duty, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4056
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Law Enforcement
Officers Congressional Badge of Bravery Act of 2008''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) According to the Department of Justice, in the past 7
years, an average of 150 Federal law enforcement officers per
year sustained physical injuries while dealing with an
assaultive subject.
(2) More than 70 Federal agencies employ Federal law
enforcement officers but only 2 such agencies have an awards
mechanism to recognize Federal law enforcement officers who
are injured in the line of duty.
(3) In contrast to the lack of an awards mechanism for
Federal law enforcement officers, the President awards the
Purple Heart for military personnel wounded or killed during
armed service, and most State and local police departments
have commendations and medals for officers who are injured in
the line of duty.
(4) Formal congressional recognition does not exist to
honor Federal law enforcement officers who are injured in the
line of duty.
(5) It is appropriate for Congress to recognize and honor
the brave men and women in Federal law enforcement who are
injured while putting themselves at personal risk in the line
of duty.
SEC. 3. AUTHORIZATION OF A BADGE.
The Attorney General may award, and a Member of Congress or
the Attorney General may present, in the name of Congress a
Congressional Badge of Bravery (in this Act referred to as
the ``Badge'') to a Federal law enforcement officer who is
cited by the Attorney General, upon the recommendation of the
Congressional Badge of Bravery Board, for sustaining a
physical injury on or after January 1, 2007, while in the
line of duty.
SEC. 4. NOMINATIONS.
(a) In General.--An agency head may nominate for a Badge an
individual who meets the following criteria:
(1) The individual is a Federal law enforcement officer
working within the agency of the agency head making the
nomination.
(2) The individual sustained a physical injury while in the
line of duty.
(3) The individual faced personal risk when the injury
described in paragraph (2) occurred.
(4) The injury described in paragraph (2) occurred during
some form of conduct characterized as bravery by the agency
head making the nomination.
(b) Contents.--A nomination under subsection (a) shall
include--
(1) a written narrative, of not more than 2 pages,
describing the circumstances under which the nominee
sustained a physical injury described in subsection (a) and
how the circumstances meet the criteria described in such
subsection;
(2) the full name of the nominee;
(3) the home mailing address of the nominee;
(4) the agency in which the nominee served on the date when
such nominee sustained a physical injury described in
subsection (a);
(5) the occupational title and grade or rank of the
nominee;
(6) the field office address of the nominee on the date
when such nominee sustained a physical injury described in
subsection (a); and
(7) the number of years of service in the Federal
government by the nominee as of the date when such nominee
sustained a physical injury described in subsection (a).
(c) Submission Deadline.--
(1) Injuries sustained before august 15.--In the case of an
individual who sustained a physical injury described in
subsection (a) on or after January 1 of a year and before
August 15 of such year, to nominate such individual under
such subsection for a Badge, an agency head shall submit such
nomination to the Congressional Badge of Bravery Board by
February 15 of the following year.
(2) Injuries sustained on or after august 15.--In the case
of an individual who sustained a physical injury described in
subsection (a) on or after August 15 of a year, to nominate
such individual under such subsection for a Badge, an agency
head shall submit such nomination to the Congressional Badge
of Bravery Board by February 15 of the second year following
the date on which the individual sustained such physical
injury.
SEC. 5. CONGRESSIONAL BADGE OF BRAVERY BOARD.
(a) Establishment.--There is established within the
Department of Justice a Congressional Badge of Bravery Board
(in this Act referred to as the ``Board'').
(b) Duties.--The duties of the Board are the following:
(1) Design the Badge with appropriate ribbons and
appurtenances.
(2) Select an engraver to produce each Badge.
(3) Not later than July 15 of each year, from among the
nominations timely submitted to the Congressional Badge of
Bravery Board by February 15th of such year, endorse as
recipients of the Badge such nominations who meet the
criteria described in section 4(a) and submit to the Attorney
General a list of such nominations so endorsed.
(4) After submission to the Attorney General of the list
described in paragraph (3)--
(A) procure the Badges from the engraver selected under
paragraph (2);
(B) send a letter announcing the award of each Badge to the
agency head who nominated the endorsed recipient of such
Badge;
(C) send a letter to each Member of Congress representing
the congressional district where the endorsed recipient of
each Badge resides to offer such Member an opportunity to
present such Badge;
(D) provide for the presentation of each Badge in
accordance with section 7; and
(E) provide for the posting of the name of each endorsed
recipient of the Badge on the public Internet site of the
Department of Justice in a manner that acknowledges the
Federal service and bravery of each such recipient.
(5) Set an annual timetable for fulfilling the duties
described in this subsection.
(c) Membership.--
(1) Number and appointment.--The Board shall be composed of
7 members (in this Act referred to as the ``Board members'')
appointed as follows:
(A) One member jointly appointed by the majority leader and
minority leader of the Senate.
(B) One member jointly appointed by the Speaker and
minority leader of the House of Representatives.
(C) One member from the Department of Justice appointed by
the Attorney General.
(D) Four members of the Federal Law Enforcement Officers
Association appointed by the Executive Board of the Federal
Law Enforcement Officers Association.
(2) Limitations.--
(A) Applicable to members of the federal law enforcement
officers association.--No more than 5 Board members may be
members of the Federal Law Enforcement Officers Association.
(B) Applicable to nominating officials.--In the case of a
Board member who is an agency head, if such member nominates
an individual under section 4(a), such member may not
participate in any evaluation or recommendation process of
the Board with respect to such individual.
(3) Qualifications.--Board members shall be individuals
with knowledge or expertise, whether by experience or
training, in the field of Federal law enforcement.
(4) Terms and vacancies.--Each Board member shall be
appointed for 2 years and may be reappointed. A vacancy in
the Board shall not affect the powers of the Board and shall
be filled in the same manner as the original appointment.
(d) Operations.--
(1) Chairperson.--The Chairperson of the Board shall be a
Board member elected by a majority of the Board.
(2) Meetings.--The Board shall conduct its first meeting
not later than 90 days after the appointment of a majority of
Board members. Thereafter, the Board shall meet at the call
of the Chairperson, or in the case of a vacancy of the
position of Chairperson, at the call of the Attorney General.
(3) Voting and rules.--A majority of Board members shall
constitute a quorum to conduct business, but the Board may
establish a lesser quorum for conducting hearings scheduled
by the Board. The Board may establish by majority vote any
other rules for the conduct of the business of the Board, if
such rules are not inconsistent with this Act or other
applicable law.
(4) Staff.--The Board may appoint and fix the pay of
additional qualified personnel as the Board considers
appropriate to assist it in carrying out its duties under
subsection (b).
(e) Powers.--
(1) Hearings.--
(A) In general.--The Board may hold hearings, sit and act
at times and places, take testimony, and receive evidence as
the Board considers appropriate to carry out the duties of
the Board under this Act. The Board may administer oaths or
affirmations to witnesses appearing before it.
(B) Witness expenses.--Witnesses requested to appear before
the Board may be paid the same fees as are paid to witnesses
under section 1821 of title 28, United States Code. The per
diem and mileage allowances for witnesses shall be paid from
funds appropriated to the Board.
(2) Information from federal agencies.--Subject to sections
552, 552a, and 552b of title 5, United States Code--
(A) the Board may secure directly from any Federal
department or agency information necessary to enable it to
carry out this Act; and
(B) upon request of the Board, the head of that department
or agency shall furnish the information to the Board.
[[Page H2277]]
(3) Information to be kept confidential.--The Board shall
not disclose any information which may compromise an ongoing
law enforcement investigation or is otherwise required by law
to be kept confidential.
(f) Compensation.--
(1) In general.--Except as provided in paragraph (2), Board
members shall serve without pay.
(2) Travel expenses.--Each Board member shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with applicable provisions under subchapter I
of chapter 57 of title 5, United States Code.
SEC. 6. PRESENTATION OF BADGES.
(a) Presentation by Member of Congress.--A Member of
Congress may present a Badge to any Badge recipient who
resides in such Member's congressional district. If both a
Senator and Representative choose to present a Badge, such
Senator and Representative shall make a joint presentation.
(b) Presentation by Attorney General.--If no Member of
Congress chooses to present the Badge as described in
subsection (a), the Attorney General, or a designee of the
Attorney General, shall present such Badge.
(c) Presentation Arrangements.--The office of the Member of
Congress presenting each Badge may make arrangements for the
presentation of such Badge, and if a Senator and
Representative choose to participate jointly as described in
subsection (a), the Senator and Representative shall make
joint arrangements. The Board shall facilitate any such
presentation arrangements as requested by the congressional
office presenting the Badge and shall make arrangements in
cases not undertaken by Members of Congress.
(d) Limitation.--A Badge may not be awarded under this
section during the 60-day period before the date of a
Congressional election.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(a) Federal Law Enforcement Officer.--The term ``Federal
law enforcement officer'' means a Federal employee--
(1) who has statutory authority to make arrests;
(2) who is authorized by his or her agency to carry
firearms; and
(3) whose duties are primarily--
(A) the investigation, apprehension, or detention of
individuals suspected or convicted of a Federal criminal
offense; or
(B) the protection of Federal officials against threats to
personal safety.
(b) Agency Head.--The term ``agency head'' means the head
of any executive, legislative, or judicial branch government
entity that employs Federal law enforcement officers.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney
General such sums as may be necessary to carry out this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Zoe Lofgren) and the gentleman from Ohio (Mr. Chabot)
each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. ZOE LOFGREN of California. Madam Speaker, I ask unanimous consent
that all Members have 5 legislative days to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. ZOE LOFGREN of California. Madam Speaker, I yield myself such
time as I may consume.
It is my pleasure to rise in strong support of H.R. 4056, the Federal
Law Enforcement Officers Congressional Badge of Bravery Act of 2008.
This measure establishes a formal process by which Congress will be
able to recognize acts of bravery by men and women in Federal law
enforcement who become injured in the course of their duties.
Each year, approximately 150 Federal law enforcement officers are
injured in the line of duty. Although more than 70 Federal agencies
employ law enforcement officers, only two of these agencies have an
awards mechanism to recognize officers who are injured in the line of
duty.
This bill addresses a long overdue need to establish a process for
congressional recognition of the dangers these officers face for our
safety. It would authorize a Member of Congress or the Attorney General
to present in the name of Congress a Congressional Badge of Bravery to
an officer who is cited by the Attorney General based on the
recommendation of a board established by this measure.
Madam Speaker, the men and women in Federal law enforcement, like
many hardworking public servants, must often work long and sometimes
irregular hours. Unlike other public servants, however, Federal law
enforcement officers undertake their responsibilities with full
knowledge that they are at risk of severe injury, or worse.
This bill will now accord these brave men and women formal
congressional recognition, an honor that is so very much deserved. I
thank the gentleman from Indiana (Mr. Ellsworth) for his leadership on
this important legislation. I encourage my colleagues to support it.
Madam Speaker, I reserve the balance of my time.
Mr. CHABOT. Madam Speaker, I yield myself such time as I may consume.
I rise in strong support of H.R. 4056, the Federal Law Enforcement
Officers Congressional Badge of Bravery Act of 2008. The men and women
of American's Federal law enforcement agencies risk their lives every
day protecting our communities, apprehending criminals and bringing
them to justice. They are charged with the challenge of disrupting
terrorist plots, combating violent gang activity, and stemming the flow
of illegal drugs into this country. And they rise to this challenge
every single day.
{time} 1230
Over 100,000 law enforcement officers are employed by Federal
agencies, including not only the FBI, DEA and ATF, but also the Secret
Service, Forest Service, Park Police, Postal Inspectors and Immigration
and Customs Enforcement officers.
Unbeknownst to many of us, approximately 150 of our Federal officers
are injured in the line of duty each year in this country. However, of
the more than 70 Federal agencies that employ law enforcement officers,
only two, the Drug Enforcement Administration and Bureau of Alcohol,
Tobacco, Firearms and Explosives, actually recognize agents injured in
the line of duty.
H.R. 4056 establishes the Congressional Badge of Bravery to honor
Federal law enforcement officers injured in the line of duty, the first
formal congressional award honoring injured law enforcement officers
throughout the entire Federal Government.
The Congressional Badge of Bravery will be awarded to those Federal
law enforcement officers who demonstrate bravery in performance of
their duties, faced personal risk to their safety, and were injured in
the line of duty.
H.R. 4056 establishes a seven-member Badge of Bravery Board within
the Department of Justice. The Board is charged with designing the
badge, selecting recipients and coordinating the presentation of the
award.
Federal law enforcement officers perform an invaluable service in
protecting our Nation from terrorist attacks, apprehending violent
criminals, including sexual predators who prey on our children, and
ensuring the safety of thousands of visitors to America's parks and
forests each year. This badge of bravery is the least we can do to
recognize the dedication and sacrifice of those injured in the line of
duty.
I urge my colleagues to support this legislation.
I reserve the balance of my time.
Ms. ZOE LOFGREN of California. Madam Speaker, it is an honor to yield
to the author of this legislation, Mr. Ellsworth, who represents his
district in Indiana with distinction, but also represented the district
as their sheriff for many years, and it is therefore very appropriate
that I yield to him 5 minutes.
Mr. ELLSWORTH. Madam Speaker, I'd like to thank Ms. Zoe Lofgren and
Mr. Chabot from Ohio for their support and recommended support for
this. And I rise with great pride today to support the Federal Law
Enforcement Officers Congressional Badge of Bravery Act.
As we all know, our Federal law enforcement agencies, including the
Capitol Police that keep us safe every day, are responsible for
providing much of the safety and security that all Americans expect and
enjoy. In big cities and in small towns across the country, Federal law
enforcement officers work to keep our Nation safe from terrorists,
criminals and anybody who seeks to do us harm. This legislation gives
Congress an opportunity to honor their service.
As a career law enforcement officer, I know about the sacrifices that
all law enforcement officers make in service to their communities and
the Nation. I've seen genuine acts of bravery and heroism, and have
also been witness to
[[Page H2278]]
some of the injuries that can come with the job.
While my experiences are specific to local law enforcement,
Department of Justice statistics show that over the last 7 years, an
average of 150 Federal law enforcement officers each year sustained
physical injuries while dealing with combative subjects as a direct
result of their duties.
Unlike military personnel who are awarded a Purple Heart when wounded
or killed during armed service, and in many States and local police who
receive commendations and medals for sustaining physical injuries, most
Federal law enforcement officers do not receive any official
recognition for similar sacrifices. In fact, while more than 70 Federal
agencies employ Federal law enforcement, only two such agencies, the
DEA and the ATF, have an award mechanism to recognize those officers
who were injured in the line of duty. This is an oversight that we can
correct today.
The bill before us would make great progress in honoring the law
enforcement officers who help keep us safe. It would establish a
Congressional Badge of Bravery that would be awarded to officers
injured in the line of duty while conducting an act of bravery. It
would also provide Members of Congress the opportunity to present the
Congressional Badge of Bravery to the injured officers who are truly
hometown heroes in all of our districts.
It should also be noted that the Federal Law Enforcement Officers
Association, which represents more than 26,000 members, supports this
legislation.
Again, I'd like to thank Chairman Conyers and his staff for their
support and hard work and the assistance on this bill.
I urge my colleagues to support this legislation.
Mr. CHABOT. Madam Speaker, I yield back the balance of my time.
Ms. ZOE LOFGREN of California. I would just urge my colleagues to
support this important legislation. It has bipartisan support.
Mr. SHULER. Madam Speaker, I rise today in support of H.R. 4056,
establishing a Federal Law Enforcement Officers Congressional Badge of
Bravery. This resolution will ensure that due public honor and
recognition is given to those Federal law enforcement officers who are
wounded in the line of duty while protecting our Nation and
communities.
Federal law enforcement officers are employed by a multitude of
agencies, yet only two of those agencies have distinct awards
mechanisms to recognize officers wounded in the line of duty. Adopting
this resolution will allow the Attorney General and Members of Congress
the opportunity to honor Federal law enforcement officers from their
districts and commend their actions, which resulted in being wounded,
with a Badge. This honor will bolster recognition for those Federal
officers, as well as raising awareness and pride of their work in the
communities they serve and protect.
Madam Speaker, I commend Congressman Ellsworth on his leadership in
bringing this legislation to the floor. I urge my colleagues today to
vote for this important resolution that will give due honor and respect
to those Federal law enforcement officers wounded in the line of duty
by recognizing them with a Congressional Badge of Bravery.
Ms. ZOE LOFGREN of California. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend
the rules and pass the bill, H.R. 4056, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________