Text: S.2565 — 110th Congress (2007-2008)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 110-298 (07/31/2008)

 
[110th Congress Public Law 298]
[From the U.S. Government Printing Office]


[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):
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 154 (2008):
            June 26, considered and passed Senate.
            July 22, considered and passed House.

                                  <all>