Law Enforcement Congressional Badge of Bravery Act of 2008 - Title I: Federal Law Enforcement Congressional Badge of Bravery - (Sec. 101) Authorizes the Attorney General to award, and a Member of Congress or the Attorney General to present in the name of Congress, a Federal Law Enforcement Congressional Badge of Bravery to a federal law enforcement officer for performing an act of bravery while in the line of duty.
(Sec. 102) Authorizes a federal agency head to nominate for such a Badge an individual who: (1) is a federal law enforcement officer working within the agency; (2) sustained a physical injury while engaged in lawful duties and while performing an act of bravery which put such officer at personal risk; or (3) though not injured, performed an act characterized as bravery that placed such officer at risk of serious physical injury or death. Sets forth requirements for submitting a nomination and imposes a deadline for submitting a nomination of February 15 of the year following the date on which the nominee performed the act of bravery.
(Sec. 103) Establishes within the Department of Justice (DOJ) a Federal Law Enforcement Congressional Badge of Bravery Board (Federal Board). Sets forth the duties of the Federal Board, including: (1) designing the Badge; (2) recommending recipients from those nominated; and (3) presenting to the Attorney General annually the names of recommended recipients. Sets forth the membership composition of the Federal Board, its operating procedures, powers, and compensation.
(Sec. 104) Authorizes any Member of Congress to present such a Badge to any recipient who resides in the Member's district. Allows a joint presentation by a Senator and a Representative.
Title II: State and Local Law Enforcement Congressional Badge of Bravery - (Sec. 201) Authorizes the Attorney General to award, and a Member of Congress or the Attorney General to present in the name of Congress, a State and Local Law Enforcement Congressional Badge of Bravery to a state or local law enforcement officer for performing an act of bravery while in the line of duty.
(Sec. 202) Authorizes a state or local agency head to nominate for such a Badge an individual who meets the same criteria established for awarding the federal Badge.
(Sec. 203) Establishes within DOJ a State and Local Law Enforcement Congressional Badge of Bravery Board (State and Local Board). Sets forth the duties of the State and Local Board, its membership composition, operating procedures, powers, and compensation.
(Sec. 204) Authorizes any Member of Congress to present such a Badge to any recipient who resides in the Member's district. Allows a joint presentationby a Senator and a Representative.
Title III: Congressional Badge of Bravery Office - Establishes within DOJ a Congressional Badge of Bravery Office (Office). Sets forth the duties of the Office, including: (1) receiving nominations from federal and state or local agency heads and delivering such nominations to the Federal Board and the State and Local Board at their respective meetings; and (2) providing staff support to the Federal Board and the State and Local Board.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4056 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 4056
To establish an awards mechanism to honor Federal law enforcement
officers injured in the line of duty.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 1, 2007
Mr. Ellsworth (for himself, Mrs. Maloney of New York, and Mr. Holden)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
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 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.
(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
engaged in his or her lawful duties.
(3) The individual put himself or herself at 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 Government service by the
nominee as of the date when such nominee sustained a physical
injury described in subsection (a).
(c) Submission Deadline.--
(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 Office 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 Office 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 Board shall do 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, recommend
recipients of the Badge from among those nominations timely
submitted to the Congressional Badge of Bravery Office by
February 15th of such year.
(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;
(D) make or facilitate arrangements for presenting
each Badge in accordance with section 7; and
(E) provide for the posting of the name of each
recipient of the Badge on the public Internet site of
the Department of Justice.
(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) Limitations.--
(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.
(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), 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. 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.
(d) Limitation.--A Badge may not be awarded under this section
during the 60-day period before the date of a Congressional election.
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.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General
such sums as may be necessary to carry out this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Ms. Lofgren, Zoe moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H2276-2278)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4056.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H2276-2277)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2276-2277)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Committee on the Judiciary. Ordered to be reported with an amendment favorably.
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Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute and an amendment to the title. Without written report.
Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute and an amendment to the title. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 905.