34 U.S.C. § 50323: State and Local Law…

Summary

Creates a nine-member board inside the Department of Justice to design and award a State and Local Law Enforcement Congressional Badge of Bravery. The board must design the badge and ribbons, pick an engraver, choose recipients from timely nominations, and each year send recommended names to the Attorney General under the criteria in section 50322(a). After the Attorney General approves, the board must order the badges, notify the nominating agency head, offer each Member of Congress in the recipient’s district a chance to present the award, and arrange presentations under section 50324. The board must set an annual schedule for these tasks. The board has nine members appointed by the listed officials and groups: one joint Senate leader pick, one joint House leader pick, one DOJ pick by the Attorney General, two picks from the Fraternal Order of Police, and one each from the National Association of Police Organizations, the National Organization of Black Law Enforcement Executives, the International Association of Chiefs of Police, and the National Sheriffs’ Association. No more than five members may be from the Fraternal Order of Police. Members must have experience or training in state or local law enforcement. Appointments last two years and can be renewed; vacancies are filled the same way and do not stop the board from working. The members elect a chair. The board must meet first within 90 days after a majority are appointed and then as the chair (or the Attorney General if there is no chair) calls meetings. A majority is normally needed to act, though the board can set a smaller hearing quorum and make its own rules. The board can hold hearings, take testimony, and administer oaths, and it may pay witnesses under section 1821 of title 28 from its funds. It can request information from federal agencies subject to 5 U.S.C. 552, 552a, and 552b, but must keep information that would harm an ongoing investigation or is legally required to stay secret. Members are paid a daily rate equal to the daily equivalent of the annual pay for Executive Schedule level IV (section 5315 of title 5) for days worked, but federal, state, or local government employees cannot receive extra pay for board service. Travel expenses follow the rules in subchapter I of chapter 57 of title 5.

Title 34, §50323

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(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 50322(a) of this title.

(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 50324 of this title.

(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 section 1821 of title 28. 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 section 552, 552a, and 552b of title 5—

(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 section 5315 of title 5 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.

Editorial Notes

Codification Section was formerly classified to section 15253 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§50323 State and Local Law Enforcement Congressional Badge of Bravery Board

Summary

Title 34, §50323

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata