[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 2565 Enrolled Bill (ENR)]
S.2565
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

2af523245582a4917568dc9c5d28d29a8eaf68c4ebc42a1eb0edc53628786aeb

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

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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.

781fc080a9bcbcb16b4da2550805e6b8c1339448e5182c7a4062fcd6ebcc5c8c

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.

f97432fefaa4b9ffc3acb881d85e1d021f6b528b0cf82bf7121aef9391fb4de4

TITLE I

-FEDERAL LAW ENFORCEMENT CONGRESSIONAL BADGE OF BRAVERY

(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).

2dd6805a050155c0010fe5298a26c3f6cf1636903eae1fd9bf26a5a554520871

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.--
(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.

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(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.
BRAVERY

3674ae57b032f0463164ee1c8b9e2f74766db40ada5dbd837a133328a5627e2c

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.

4df18b319c7e0166d64d04a916cef6434553c7263c7630d34f8d40e83dbb9fe7

TITLE II

-STATE AND LOCAL LAW ENFORCEMENT CONGRESSIONAL BADGE OF

(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).

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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.
(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.

a6df40f8ca649f4c41bcad367179aea1527e06d8369377fe079adca4359d3659

(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.

ed1c62ace17650b15d8a377a05ce30fea6b31f8e2d0ae09e32eeb0a0d8eff4d1

(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

922e95a1db36e212b70721e93c7324d49bbaff12b94c080040008f8fe75f4c6f

Law Enforcement Congressional Badge of Bravery Act of 2008 — S. 2565

Other Sections

TITLE I

TITLE II

TITLE III

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