SUBCHAPTER II—STATE AND LOCAL LAW ENFORCEMENT CONGRESSIONAL BADGE OF BRAVERY
§50321. 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.
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Editorial Notes
Codification
Section was formerly classified to
§50322. 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).
(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).
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Editorial Notes
Codification
Section was formerly classified to
§50323. 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
(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
(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.
(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 subchapter 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 subchapter. 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
(2) Information from Federal agencies
Subject to
(A) the State and Local Board may secure directly from any Federal department or agency information necessary to enable it to carry out this subchapter; 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
(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
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Editorial Notes
Codification
Section was formerly classified to
§50324. 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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Editorial Notes
Codification
Section was formerly classified to