PUBLIC LAW 110–298—JULY 31, 2008 122 STAT. 2985 

Public Law 110–298 

110th Congress 

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). 

42 USC 15231 

note. 

Law Enforcement 

Congressional 

Badge of Bravery 

Act of 2008. 

42 USC 15231 

note. 

July 31, 2008 

[S. 2565] 


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122 STAT. 2986 PUBLIC LAW 110–298—JULY 31, 2008 

(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 

42 USC 15242. 

42 USC 15241. 


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PUBLIC LAW 110–298—JULY 31, 2008 122 STAT. 2987 

(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 

42 USC 15243. 


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(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 

Deadline. 


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PUBLIC LAW 110–298—JULY 31, 2008 122 STAT. 2989 

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 

42 USC 15244. 


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122 STAT. 2990 PUBLIC LAW 110–298—JULY 31, 2008 

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). 

42 USC 15252. 

42 USC 15251. 


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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. 

42 USC 15253. 


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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— 

Deadline. 


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(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. 

42 USC 15254. 


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122 STAT. 2994 PUBLIC LAW 110–298—JULY 31, 2008 

LEGISLATIVE HISTORY—S. 2565 (H.R. 4056): 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

June 26, considered and passed Senate. 

July 22, considered and passed House. 

Æ 

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. 

Approved July 31, 2008. 

42 USC 15261. 


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