[Congressional Record Volume 154, Number 107 (Thursday, June 26, 2008)]
[Senate]
[Pages S6300-S6302]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   FEDERAL LAW ENFORCEMENT CONGRESSIONAL BADGE OF BRAVERY ACT OF 2007

  Mr. DODD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 833, S. 2565.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2565) to establish an awards mechanism to honor 
     exceptional acts of bravery in the line of duty by Federal, 
     State, and Local law enforcement officers.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Law Enforcement 
     Congressional Badge of Bravery Act of 2008''.

     SEC. 2. DEFINITIONS.

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

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

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

    TITLE I--FEDERAL LAW ENFORCEMENT CONGRESSIONAL BADGE OF BRAVERY

     SEC. 101. AUTHORIZATION OF A BADGE.

       The Attorney General may award, and a Member of Congress or 
     the Attorney General may present, in the name of Congress a 
     Federal Law Enforcement Congressional Badge of Bravery to a 
     Federal law enforcement officer who is cited by the Attorney 
     General, upon the recommendation of the Federal Board, for 
     performing an act of bravery while in the line of duty.

     SEC. 102. NOMINATIONS.

       (a) In General.--A Federal agency head may nominate for a 
     Federal Law Enforcement Badge an individual--
       (1) who is a Federal law enforcement officer working within 
     the agency of the Federal agency head making the nomination; 
     and
       (2) who--
       (A)(i) sustained a physical injury while--

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

       (ii) put the individual at personal risk when the injury 
     described in clause (i) occurred; or
       (B) while not injured, performed an act characterized as 
     bravery by the Federal agency head making the nomination that 
     placed the individual at risk of serious physical injury or 
     death.
       (b) Contents.--A nomination under subsection (a) shall 
     include--
       (1) a written narrative, of not more than 2 pages, 
     describing the circumstances under which the nominee 
     performed the act of bravery described in subsection (a) and 
     how the circumstances meet the criteria described in such 
     subsection;
       (2) the full name of the nominee;
       (3) the home mailing address of the nominee;
       (4) the agency in which the nominee served on the date when 
     such nominee performed the act of bravery described in 
     subsection (a);
       (5) the occupational title and grade or rank of the 
     nominee;
       (6) the field office address of the nominee on the date 
     when such nominee performed the act of bravery described in 
     subsection (a); and
       (7) the number of years of Government service by the 
     nominee as of the date when such nominee performed the act of 
     bravery described in subsection (a).
       (c) Submission Deadline.--A Federal agency head shall 
     submit each nomination under subsection (a) to the Office not 
     later than February 15 of the year following the date on 
     which the nominee performed the act of bravery described in 
     subsection (a).

     SEC. 103. FEDERAL LAW ENFORCEMENT CONGRESSIONAL BADGE OF 
                   BRAVERY BOARD.

       (a) Establishment.--There is established within the 
     Department of Justice a Federal Law Enforcement Congressional 
     Badge of Bravery Board.
       (b) Duties.--The Federal Board shall do the following:
       (1) Design the Federal Law Enforcement Badge with 
     appropriate ribbons and appurtenances.
       (2) Select an engraver to produce each Federal Law 
     Enforcement Badge.
       (3) Recommend recipients of the Federal Law Enforcement 
     Badge from among those nominations timely submitted to the 
     Office.
       (4) Annually present to the Attorney General the names of 
     Federal law enforcement officers who the Federal Board 
     recommends as Federal Law Enforcement Badge recipients in 
     accordance with the criteria described in section 102(a).
       (5) After approval by the Attorney General--
       (A) procure the Federal Law Enforcement Badges from the 
     engraver selected under paragraph (2);
       (B) send a letter announcing the award of each Federal Law 
     Enforcement Badge to the Federal agency head who nominated 
     the recipient of such Federal Law Enforcement Badge;
       (C) send a letter to each Member of Congress representing 
     the congressional district where the recipient of each 
     Federal Law Enforcement Badge resides to offer such Member an 
     opportunity to present such Federal Law Enforcement Badge; 
     and
       (D) make or facilitate arrangements for presenting each 
     Federal Law Enforcement Badge in accordance with section 104.
       (6) Set an annual timetable for fulfilling the duties 
     described in this subsection.
       (c) Membership.--

[[Page S6301]]

       (1) Number and appointment.--The Federal Board shall be 
     composed of 7 members appointed as follows:
       (A) One member jointly appointed by the majority leader and 
     minority leader of the Senate.
       (B) One member jointly appointed by the Speaker and 
     minority leader of the House of Representatives.
       (C) One member from the Department of Justice appointed by 
     the Attorney General.
       (D) Two members of the Federal Law Enforcement Officers 
     Association appointed by the Executive Board of the Federal 
     Law Enforcement Officers Association.
       (E) Two members of the Fraternal Order of Police appointed 
     by the Executive Board of the Fraternal Order of Police.
       (2) Limitation.--Not more than--
       (A) 2 Federal Board members may be members of the Federal 
     Law Enforcement Officers Association; and
       (B) 2 Federal Board members may be members of the Fraternal 
     Order of Police.
       (3) Qualifications.--Federal Board members shall be 
     individuals with knowledge or expertise, whether by 
     experience or training, in the field of Federal law 
     enforcement.
       (4) Terms and vacancies.--Each Federal Board member shall 
     be appointed for 2 years and may be reappointed. A vacancy in 
     the Federal Board shall not affect the powers of the Federal 
     Board and shall be filled in the same manner as the original 
     appointment.
       (d) Operations.--
       (1) Chairperson.--The Chairperson of the Federal Board 
     shall be a Federal Board member elected by a majority of the 
     Federal Board.
       (2) Meetings.--The Federal Board shall conduct its first 
     meeting not later than 90 days after the appointment of a 
     majority of Federal Board members. Thereafter, the Federal 
     Board shall meet at the call of the Chairperson, or in the 
     case of a vacancy of the position of Chairperson, at the call 
     of the Attorney General.
       (3) Voting and rules.--A majority of Federal Board members 
     shall constitute a quorum to conduct business, but the 
     Federal Board may establish a lesser quorum for conducting 
     hearings scheduled by the Federal Board. The Federal Board 
     may establish by majority vote any other rules for the 
     conduct of the business of the Federal Board, if such rules 
     are not inconsistent with this title or other applicable law.
       (e) Powers.--
       (1) Hearings.--
       (A) In general.--The Federal Board may hold hearings, sit 
     and act at times and places, take testimony, and receive 
     evidence as the Federal Board considers appropriate to carry 
     out the duties of the Federal Board under this title. The 
     Federal Board may administer oaths or affirmations to 
     witnesses appearing before it.
       (B) Witness expenses.--Witnesses requested to appear before 
     the Federal Board may be paid the same fees as are paid to 
     witnesses under section 1821 of title 28, United States Code. 
     The per diem and mileage allowances for witnesses shall be 
     paid from funds appropriated to the Federal Board.
       (2) Information from federal agencies.--Subject to sections 
     552, 552a, and 552b of title 5, United States Code--
       (A) the Federal Board may secure directly from any Federal 
     department or agency information necessary to enable it to 
     carry out this title; and
       (B) upon request of the Federal Board, the head of that 
     department or agency shall furnish the information to the 
     Federal Board.
       (3) Information to be kept confidential.--The Federal Board 
     shall not disclose any information which may compromise an 
     ongoing law enforcement investigation or is otherwise 
     required by law to be kept confidential.
       (f) Compensation.--
       (1) In general.--Except as provided in paragraph (2), each 
     Federal Board member shall be compensated at a rate equal to 
     the daily equivalent of the annual rate of basic pay 
     prescribed for level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code, for each day 
     (including travel time) during which such Federal Board 
     member is engaged in the performance of the duties of the 
     Federal Board.
       (2) Prohibition of compensation for government employees.--
     Federal Board members who serve as officers or employees of 
     the Federal Government or a State or a local government may 
     not receive additional pay, allowances, or benefits by reason 
     of their service on the Federal Board.
       (3) Travel expenses.--Each Federal Board member shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with applicable provisions under 
     subchapter I of chapter 57 of title 5, United States Code.

     SEC. 104. PRESENTATION OF FEDERAL LAW ENFORCEMENT BADGES.

       (a) Presentation by Member of Congress.--A Member of 
     Congress may present a Federal Law Enforcement Badge to any 
     Federal Law Enforcement Badge recipient who resides in such 
     Member's congressional district. If both a Senator and 
     Representative choose to present a Federal Law Enforcement 
     Badge, such Senator and Representative shall make a joint 
     presentation.
       (b) Presentation by Attorney General.--If no Member of 
     Congress chooses to present the Federal Law Enforcement Badge 
     as described in subsection (a), the Attorney General, or a 
     designee of the Attorney General, shall present such Federal 
     Law Enforcement Badge.
       (c) Presentation Arrangements.--The office of the Member of 
     Congress presenting each Federal Law Enforcement Badge may 
     make arrangements for the presentation of such Federal Law 
     Enforcement Badge, and if a Senator and Representative choose 
     to participate jointly as described in subsection (a), the 
     Members shall make joint arrangements. The Federal Board 
     shall facilitate any such presentation arrangements as 
     requested by the congressional office presenting the Federal 
     Law Enforcement Badge and shall make arrangements in cases 
     not undertaken by Members of Congress.

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

     SEC. 201. AUTHORIZATION OF A BADGE.

       The Attorney General may award, and a Member of Congress or 
     the Attorney General may present, in the name of Congress a 
     State and Local Law Enforcement Congressional Badge of 
     Bravery to a State or local law enforcement officer who is 
     cited by the Attorney General, upon the recommendation of the 
     State and Local Board, for performing an act of bravery while 
     in the line of duty.

     SEC. 202. NOMINATIONS.

       (a) In General.--A State or local agency head may nominate 
     for a State and Local Law Enforcement Badge an individual--
       (1) who is a State or local law enforcement officer working 
     within the agency of the State or local agency head making 
     the nomination; and
       (2) who--
       (A)(i) sustained a physical injury while--

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

       (ii) put the individual at personal risk when the injury 
     described in clause (i) occurred; or
       (B) while not injured, performed an act characterized as 
     bravery by the State or local agency head making the 
     nomination that placed the individual at risk of serious 
     physical injury or death.
       (b) Contents.--A nomination under subsection (a) shall 
     include--
       (1) a written narrative, of not more than 2 pages, 
     describing the circumstances under which the nominee 
     performed the act of bravery described in subsection (a) and 
     how the circumstances meet the criteria described in such 
     subsection;
       (2) the full name of the nominee;
       (3) the home mailing address of the nominee;
       (4) the agency in which the nominee served on the date when 
     such nominee performed the act of bravery described in 
     subsection (a);
       (5) the occupational title and grade or rank of the 
     nominee;
       (6) the field office address of the nominee on the date 
     when such nominee performed the act of bravery described in 
     subsection (a); and
       (7) the number of years of government service by the 
     nominee as of the date when such nominee performed the act of 
     bravery described in subsection (a).
       (c) Submission Deadline.--A State or local agency head 
     shall submit each nomination under subsection (a) to the 
     Office not later than February 15 of the year following the 
     date on which the nominee performed the act of bravery 
     described in subsection (a).

     SEC. 203. STATE AND LOCAL LAW ENFORCEMENT CONGRESSIONAL BADGE 
                   OF BRAVERY BOARD.

       (a) Establishment.--There is established within the 
     Department of Justice a State and Local Law Enforcement 
     Congressional Badge of Bravery Board.
       (b) Duties.--The State and Local Board shall do the 
     following:
       (1) Design the State and Local Law Enforcement Badge with 
     appropriate ribbons and appurtenances.
       (2) Select an engraver to produce each State and Local Law 
     Enforcement Badge.
       (3) Recommend recipients of the State and Local Law 
     Enforcement Badge from among those nominations timely 
     submitted to the Office.
       (4) Annually present to the Attorney General the names of 
     State or local law enforcement officers who the State and 
     Local Board recommends as State and Local Law Enforcement 
     Badge recipients in accordance with the criteria described in 
     section 202(a).
       (5) After approval by the Attorney General--
       (A) procure the State and Local Law Enforcement Badges from 
     the engraver selected under paragraph (2);
       (B) send a letter announcing the award of each State and 
     Local Law Enforcement Badge to the State or local agency head 
     who nominated the recipient of such State and Local Law 
     Enforcement Badge;
       (C) send a letter to each Member of Congress representing 
     the congressional district where the recipient of each State 
     and Local Law Enforcement Badge resides to offer such Member 
     an opportunity to present such State and Local Law 
     Enforcement Badge; and
       (D) make or facilitate arrangements for presenting each 
     State and Local Law Enforcement Badge in accordance with 
     section 204.
       (6) Set an annual timetable for fulfilling the duties 
     described in this subsection.
       (c) Membership.--
       (1) Number and appointment.--The State and Local Board 
     shall be composed of 9 members appointed as follows:
       (A) One member jointly appointed by the majority leader and 
     minority leader of the Senate.
       (B) One member jointly appointed by the Speaker and 
     minority leader of the House of Representatives.
       (C) One member from the Department of Justice appointed by 
     the Attorney General.
       (D) Two members of the Fraternal Order of Police appointed 
     by the Executive Board of the Fraternal Order of Police.
       (E) One member of the National Association of Police 
     Organizations appointed by the Executive Board of the 
     National Association of Police Organizations.
       (F) One member of the National Organization of Black Law 
     Enforcement Executives appointed by the Executive Board of 
     the National Organization of Black Law Enforcement 
     Executives.

[[Page S6302]]

       (G) One member of the International Association of Chiefs 
     of Police appointed by the Board of Officers of the 
     International Association of Chiefs of Police.
       (H) One member of the National Sheriffs' Association 
     appointed by the Executive Committee of the National 
     Sheriffs' Association.
       (2) Limitation.--Not more than 5 State and Local Board 
     members may be members of the Fraternal Order of Police.
       (3) Qualifications.--State and Local Board members shall be 
     individuals with knowledge or expertise, whether by 
     experience or training, in the field of State and local law 
     enforcement.
       (4) Terms and vacancies.--Each State and Local Board member 
     shall be appointed for 2 years and may be reappointed. A 
     vacancy in the State and Local Board shall not affect the 
     powers of the State and Local Board and shall be filled in 
     the same manner as the original appointment.
       (d) Operations.--
       (1) Chairperson.--The Chairperson of the State and Local 
     Board shall be a State and Local Board member elected by a 
     majority of the State and Local Board.
       (2) Meetings.--The State and Local Board shall conduct its 
     first meeting not later than 90 days after the appointment of 
     a majority of State and Local Board members. Thereafter, the 
     State and Local Board shall meet at the call of the 
     Chairperson, or in the case of a vacancy of the position of 
     Chairperson, at the call of the Attorney General.
       (3) Voting and rules.--A majority of State and Local Board 
     members shall constitute a quorum to conduct business, but 
     the State and Local Board may establish a lesser quorum for 
     conducting hearings scheduled by the State and Local Board. 
     The State and Local Board may establish by majority vote any 
     other rules for the conduct of the business of the State and 
     Local Board, if such rules are not inconsistent with this 
     title or other applicable law.
       (e) Powers.--
       (1) Hearings.--
       (A) In general.--The State and Local Board may hold 
     hearings, sit and act at times and places, take testimony, 
     and receive evidence as the State and Local Board considers 
     appropriate to carry out the duties of the State and Local 
     Board under this title. The State and Local Board may 
     administer oaths or affirmations to witnesses appearing 
     before it.
       (B) Witness expenses.--Witnesses requested to appear before 
     the State and Local Board may be paid the same fees as are 
     paid to witnesses under section 1821 of title 28, United 
     States Code. The per diem and mileage allowances for 
     witnesses shall be paid from funds appropriated to the State 
     and Local Board.
       (2) Information from federal agencies.--Subject to sections 
     552, 552a, and 552b of title 5, United States Code--
       (A) the State and Local Board may secure directly from any 
     Federal department or agency information necessary to enable 
     it to carry out this title; and
       (B) upon request of the State and Local Board, the head of 
     that department or agency shall furnish the information to 
     the State and Local Board.
       (3) Information to be kept confidential.--The State and 
     Local Board shall not disclose any information which may 
     compromise an ongoing law enforcement investigation or is 
     otherwise required by law to be kept confidential.
       (f) Compensation.--
       (1) In general.--Except as provided in paragraph (2), each 
     State and Local Board member shall be compensated at a rate 
     equal to the daily equivalent of the annual rate of basic pay 
     prescribed for level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code, for each day 
     (including travel time) during which such State and Local 
     Board member is engaged in the performance of the duties of 
     the State and Local Board.
       (2) Prohibition of compensation for government employees.--
     State and Local Board members who serve as officers or 
     employees of the Federal Government or a State or a local 
     government may not receive additional pay, allowances, or 
     benefits by reason of their service on the State and Local 
     Board.
       (3) Travel expenses.--Each State and Local Board member 
     shall receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with applicable provisions under 
     subchapter I of chapter 57 of title 5, United States Code.

     SEC. 204. PRESENTATION OF STATE AND LOCAL LAW ENFORCEMENT 
                   BADGES.

       (a) Presentation by Member of Congress.--A Member of 
     Congress may present a State and Local Law Enforcement Badge 
     to any State and Local Law Enforcement Badge recipient who 
     resides in such Member's congressional district. If both a 
     Senator and Representative choose to present a State and 
     Local Law Enforcement Badge, such Senator and Representative 
     shall make a joint presentation.
       (b) Presentation by Attorney General.--If no Member of 
     Congress chooses to present the State and Local Law 
     Enforcement Badge as described in subsection (a), the 
     Attorney General, or a designee of the Attorney General, 
     shall present such State and Local Law Enforcement Badge.
       (c) Presentation Arrangements.--The office of the Member of 
     Congress presenting each State and Local Law Enforcement 
     Badge may make arrangements for the presentation of such 
     State and Local Law Enforcement Badge, and if a Senator and 
     Representative choose to participate jointly as described in 
     subsection (a), the Members shall make joint arrangements. 
     The State and Local Board shall facilitate any such 
     presentation arrangements as requested by the congressional 
     office presenting the State and Local Law Enforcement Badge 
     and shall make arrangements in cases not undertaken by 
     Members of Congress.

            TITLE III--CONGRESSIONAL BADGE OF BRAVERY OFFICE

     SEC. 301. CONGRESSIONAL BADGE OF BRAVERY OFFICE.

       (a) Establishment.--There is established within the 
     Department of Justice a Congressional Badge of Bravery 
     Office.
       (b) Duties.--The Office shall--
       (1) receive nominations from Federal agency heads on behalf 
     of the Federal Board and deliver such nominations to the 
     Federal Board at Federal Board meetings described in section 
     103(d)(2);
       (2) receive nominations from State or local agency heads on 
     behalf of the State and Local Board and deliver such 
     nominations to the State and Local Board at State and Local 
     Board meetings described in section 203(d)(2); and
       (3) provide staff support to the Federal Board and the 
     State and Local Board to carry out the duties described in 
     section 103(b) and section 203(b), respectively.
         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.''.
  Mr. DODD. Mr. President, I ask unanimous consent that the committee 
substitute amendment be agreed to, the bill as amended be read the 
third time, and passed, the amendment to the title be agreed to, the 
motions to reconsider be laid upon the table, with no intervening 
action or debate, and that any statements relating to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2565), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  The title was amended 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.''

                          ____________________