S 2565
110th CONGRESS
2d Session
S. 2565
To establish an awards mechanism to honor exceptional acts
of bravery in the line of duty by Federal law enforcement officers.
IN THE SENATE OF THE UNITED STATES
January 29, 2008
Mr. BIDEN (for himself, Mr. SUNUNU, and Mr. SPECTER) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
A BILL
To establish an awards mechanism to honor exceptional acts
of bravery in the line of duty by Federal law enforcement officers.
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 Congressional
Badge of Bravery Act of 2007'.
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 for acts
of bravery.
(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 performing an act of
bravery while in the line of duty.
SEC. 4. NOMINATIONS.
(a) In General- An agency head may nominate for a Badge an individual--
(1) who is a Federal law enforcement officer working within the agency
of the agency head making the nomination; and
(A)(i) sustained a physical injury while--
(I) engaged in his or her lawful duties; and
(II) performing an act characterized as bravery by the agency
head making the nomination; and
(ii) put himself or herself at personal risk when the injury described
in clause (i) occurred; or
(B) while not injured, performed an act characterized as bravery
by the agency head making the nomination that placed that 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- An agency head shall submit each nomination
under subsection (a) to the Congressional Badge of Bravery Office by
February 15 of the year following the date on which the nominee performed
the act of bravery described in subsection (a).
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 Board shall do the following:
(1) Design the Badge with appropriate ribbons and appurtenances.
(2) Select an engraver to produce each Badge.
(3) Recommend recipients of the Badge from among those nominations
timely submitted to the Congressional Badge of Bravery Office.
(4) Annually present to the Attorney General the names of Federal
law enforcement officers who the Board recommends as Badge recipients
in accordance with the criteria described in section 4(a).
(5) After approval by the Attorney General--
(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 recipient of such Badge;
(C) send a letter to each Member of Congress representing the congressional
district where the recipient of each Badge resides to offer such
Member an opportunity to present such Badge; and
(D) make or facilitate arrangements for presenting each Badge in
accordance with section 7.
(6) 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.
(2) LIMITATION- No more than 5 Board members may be members of the
Federal Law Enforcement Officers Association.
(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.
(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), each 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 Board member is engaged
in the performance of the duties of the Board.
(2) PROHIBITION OF COMPENSATION FOR GOVERNMENT EMPLOYEES- Board members
who serve as officers or employees of Federal, a State, or a local
government may not receive additional pay, allowances, or benefits
by reason of their service on the Board.
(3) 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. CONGRESSIONAL BADGE OF BRAVERY OFFICE.
There is established within the Department of Justice a Congressional
Badge of Bravery Office (in this Act referred to as the `Office'). The
Office shall--
(1) receive nominations from agency heads on behalf of the Board and
deliver such nominations to the Board at Board meetings described
in section 5(d)(2); and
(2) provide staff support to the Board to carry out the duties described
in section 5(b).
SEC. 7. 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 Members 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.
SEC. 8. 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.
END
