HR 4056
4-15-08, House Agreed to Bill by Voice Vote
Referred to Senate Judiciary
Committee
110th CONGRESS
2d Session
H. R. 4056
IN THE SENATE OF THE UNITED STATES
April 16, 2008
Received; read twice and referred to the Committee on the Judiciary
AN ACT
To establish an awards mechanism to honor Federal law enforcement
officers injured in the line of duty.
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).
(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.
(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.
(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.
(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).
(A) IN GENERAL- The Board may hold hearings, sit and act at times and
places, 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.
(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.
Passed the House of Representatives April 15, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
END
