[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2565 Introduced in Senate (IS)]
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
(2) who--
(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.
(c) Membership.--
(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.
(d) Operations.--
(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.
(e) Powers.--
(1) Hearings.--
(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.
(f) Compensation.--
(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.
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