[DOCID: f:publ298.110]
[[Page 122 STAT. 2985]]
Public Law 110-298
110th Congress
An Act
.
To establish an awards mechanism to honor exceptional acts of bravery in
the line of duty by Federal, State, and local law enforcement
officers. <<NOTE: July 31, 2008 - [S. 2565]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Law Enforcement
Congressional Badge of Bravery Act of 2008. 42 USC 15231
note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Congressional Badge
of Bravery Act of 2008''.
SEC. 2. <<NOTE: 42 USC 15231 note.>> 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).
[[Page 122 STAT. 2986]]
(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. <<NOTE: 42 USC 15241.>> 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. <<NOTE: 42 USC 15242.>> 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
[[Page 122 STAT. 2987]]
(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. <<NOTE: 42 USC 15243.>> 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
[[Page 122 STAT. 2988]]
(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.--
(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 <<NOTE: Deadline.>> 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
[[Page 122 STAT. 2989]]
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. <<NOTE: 42 USC 15244.>> 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
[[Page 122 STAT. 2990]]
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. <<NOTE: 42 USC 15251.>> 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. <<NOTE: 42 USC 15252.>> 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).
[[Page 122 STAT. 2991]]
(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. <<NOTE: 42 USC 15253.>> 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.
[[Page 122 STAT. 2992]]
(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.
(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 <<NOTE: Deadline.>> 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--
[[Page 122 STAT. 2993]]
(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. <<NOTE: 42 USC 15254.>> 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.
[[Page 122 STAT. 2994]]
TITLE III--CONGRESSIONAL BADGE OF BRAVERY OFFICE
SEC. 301. <<NOTE: 42 USC 15261.>> 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.
Approved July 31, 2008.
LEGISLATIVE HISTORY--S. 2565 (H.R. 4056):
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CONGRESSIONAL RECORD, Vol. 154 (2008):
June 26, considered and passed Senate.
July 22, considered and passed House.
<all>