34 U.S.C. § 50313

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 50313 - 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 50312(a) of this title.
(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
(D) make or facilitate arrangements for presenting each Federal Law Enforcement Badge in accordance with section 50314 of this title.
(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 subchapter 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 this subchapter. 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. 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-

(A) the Federal 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 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 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.

34 U.S.C. § 50313

Pub. L. 110-298, §103, 122 Stat. 2987.

EDITORIAL NOTES

CODIFICATIONSection was formerly classified to section 15243 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Federal Board members
The term "Federal Board members" means the members of the Federal Board appointed under section 50313(c) of this title.
Federal Board
The term "Federal Board" means the Federal Law Enforcement Congressional Badge of Bravery Board established under section 50313(a) of this title.
Federal Law Enforcement Badge
The term "Federal Law Enforcement Badge" means the Federal Law Enforcement Congressional Badge of Bravery described in section 50311 of this title.
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.
Office
The term "Office" means the Congressional Badge of Bravery Office established under section 50331(a) of this title.