[Congressional Record (Bound Edition), Volume 154 (2008), Part 5]
[House]
[Pages 5997-5999]
[From the U.S. 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,

[[Page 5998]]

     take testimony, and receive evidence as the Board considers 
     appropriate to carry out the duties of the Board under this 
     Act. The Board may administer oaths or affirmations to 
     witnesses appearing before it.
       (B) Witness expenses.--Witnesses requested to appear before 
     the Board may be paid the same fees as are paid to witnesses 
     under section 1821 of title 28, United States Code. The per 
     diem and mileage allowances for witnesses shall be paid from 
     funds appropriated to the Board.
       (2) Information from federal agencies.--Subject to sections 
     552, 552a, and 552b of title 5, United States Code--
       (A) the Board may secure directly from any Federal 
     department or agency information necessary to enable it to 
     carry out this Act; and
       (B) upon request of the Board, the head of that department 
     or agency shall furnish the information to the Board.
       (3) Information to be kept confidential.--The Board shall 
     not disclose any information which may compromise an ongoing 
     law enforcement investigation or is otherwise required by law 
     to be kept confidential.
       (f) Compensation.--
       (1) In general.--Except as provided in paragraph (2), 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

[[Page 5999]]

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 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.
  Mr. THOMPSON of Mississippi. Madam Speaker, I rise today in support 
of H.R. 4056 which provides Congress the ability to recognize and honor 
the dedicated men and women in Federal law enforcement who risk their 
lives and welfare daily while performing necessary and often hazardous 
duties.
  There are thousands of Federal Law Enforcement Officers, FLEOs, 
including those that bravely serve in the Department of Homeland 
Security. Of these thousands, some are injured in the course of duty. I 
want to take this opportunity to express my appreciation to these 
individuals, especially given the difficult task they have of enforcing 
our laws and protecting our way of life.
  In the Department of Homeland Security alone, countless FLEOs serve 
to protect the Nation from harm at our borders and ports of entry as 
well as our financial, cyber and transportation systems. On a daily 
basis, these individuals work diligently, often apprehending or 
detaining people suspected of criminal offenses, even if it means 
putting themselves in harm's way. Their work is absolutely necessary to 
the security and well-being of our country and it should be properly 
acknowledged.
  While measures exist to award military personnel and State and local 
officers for their sacrifices, currently only 2 out of the more than 70 
Federal agencies recognize their own valiant FLEOs. Therefore, it is 
imperative that Congress address and highlight the value of these 
distinguished men and women by establishing a Congressional Badge of 
Bravery. I urge all my colleagues to support this important 
legislation.
  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.

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