Authorizing Legislation

S. 2565

One Hundred Tenth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight

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.

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 ‘‘Law Enforcement Congressional
Badge of Bravery Act of 2008’’.
SEC. 2. 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).

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(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. 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. 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

S. 2565—3
(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. 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

S. 2565—4
(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 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

S. 2565—5
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. 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

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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. 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. 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).

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(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. 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.

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(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 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—

S. 2565—9
(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. 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.

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TITLE III—CONGRESSIONAL BADGE OF
BRAVERY OFFICE
SEC. 301. 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.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.