HR 4056 RFSSCommentsClose CommentsPermalink

April 16, 2008CommentsClose CommentsPermalink

Received; read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To establish an awards mechanism to honor Federal law enforcement officers injured in the line of duty.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Federal Law Enforcement Officers‘Law Enforcement Congressional Badge of Bravery Act of 2008'’. CommentsClose CommentsPermalink

SEC. 2. FINDINGS.Congress finds as follows:(1) According to the Department of Justice, in the past 7 years, an average of 150 Federal law enforcement officers per year sustained physical injuries while dealing with an assaultive subject.(2) More than 70 Federal agencies employ Federal law enforcement officers but only 2 such agencies have an awards mechanism to recognize Federal law enforcement officers who are injured in the line of duty.(3) DEFINITIONS.

In contrast to the lack of an awards mechanism for Federal lawthis Act: CommentsClose CommentsPermalink





(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, the President awards the Purple Heart for military personnel wounded or killed during armed service, and most State and local police departments have commendations and medals for officers who are injured in the line of duty. CommentsClose CommentsPermalink





(2) FEDERAL BOARD- The term ‘Federal Board’ means the Federal Law Enforcement Congressional Badge of Bravery Board established under section 103(a). CommentsClose CommentsPermalink





(3) FEDERAL BOARD MEMBERS- The term ‘Federal Board members’ means the members of the Federal Board appointed under section 103(c). CommentsClose CommentsPermalink





(4) Formal congressional recognition does not exist to honor Federal law enforcement officers who are injured in the line of dutyEDERAL LAW ENFORCEMENT BADGE- The term ‘Federal Law Enforcement Badge’ means the Federal Law Enforcement Congressional Badge of Bravery described in section 101. CommentsClose CommentsPermalink





(5) ItFEDERAL LAW ENFORCEMENT OFFICER- The term ‘Federal law enforcement officer’-- CommentsClose CommentsPermalink





(A) means a Federal employee-- CommentsClose CommentsPermalink





(i) who has statutory authority to make arrests or apprehensions; CommentsClose CommentsPermalink





(ii) who is appropriate for Congress to recognize and honor the brave men and women in Federal law enforcementuthorized by the agency of the employee to carry firearms; and CommentsClose CommentsPermalink





(iii) whose duties are primarily-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(II) the protection of Federal, State, local, or foreign government officials against threats to personal safety; and CommentsClose CommentsPermalink





(B) includes a law enforcement officer employed by the Amtrak Police Department or Federal Reserve. CommentsClose CommentsPermalink





(6) OFFICE- The term ‘Office’ means the Congressional Badge of Bravery Office established under section 301(a). CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(11) STATE OR LOCAL LAW ENFORCEMENT OFFICER- The term ‘State or local law enforcement officer’ means an employee of a State or local government-- CommentsClose CommentsPermalink





(A) who has statutory authority to make arrests or apprehensions; CommentsClose CommentsPermalink





(B) who is authorized by the agency of the employee to carry firearms; and CommentsClose CommentsPermalink





(C) whose duties are injured while putting themselves atprimarily-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(ii) the protection of Federal, State, local, or foreign government officials against threats to personal risk in the line of duty.SEC. 3safety. CommentsClose CommentsPermalink

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 (in this Act referred to as the `Badge') to a Federal law enforcement officer who is cited by the Attorney General, upon the recommendation of the Congressional Badge of Bravery Federal Board, for sustaining a physical injury on or after January 1, 2007,performing an act of bravery while in the line of duty. CommentsClose CommentsPermalink

SEC. 4102. NOMINATIONS.

(a) In General- An Federal agency head may nominate for a Badge an individual who meets the following criteria:(1) The individual is a Federal law enforcementFederal Law Enforcement Badge an individual-- CommentsClose CommentsPermalink





(1) who is a Federal law enforcement officer working within the agency of the Federal agency head making the nomination.(2) The individual; and CommentsClose CommentsPermalink





(2) who-- CommentsClose CommentsPermalink





(A)(i) sustained a physical injury while in the line of duty.(3) T-- CommentsClose CommentsPermalink





(I) engaged in the lawful duties of the individual; and CommentsClose CommentsPermalink





(II) performing an act characterized as bravery by the Federal agency head making the nomination; and CommentsClose CommentsPermalink





(ii) put the individual facedat personal risk when the injury described in paragraph (2) occurred.(4) The injury described in paragraph (2) occurred during some form of conduclause (i) occurred; or CommentsClose CommentsPermalink





(B) while not injured, performed an act characterized as bravery by the agency Federal agency head making the nomination that placed the individual at risk of serious physical injury or death. CommentsClose CommentsPermalink





(b) Contents- A nomination under subsection (a) shall include-- CommentsClose CommentsPermalink





(1) a written narrative, of not more than 2 pages, describing the circumstances under which the nominee sustained a physical injuperformed the act of bravery described in subsection (a) and how the circumstances meet the criteria described in such subsection; CommentsClose CommentsPermalink





(2) the full name of the nominee; CommentsClose CommentsPermalink





(3) the home mailing address of the nominee; CommentsClose CommentsPermalink





(4) the agency in which the nominee served on the date when such nominee sustained a physical injuperformed the act of bravery described in subsection (a); CommentsClose CommentsPermalink





(5) the occupational title and grade or rank of the nominee; CommentsClose CommentsPermalink





(6) the field office address of the nominee on the date when such nominee sustained a physical injury described in subsectionperformed the act of bravery described in subsection (a); and CommentsClose CommentsPermalink





(7) the number of years of service in the Federal governmentGovernment service by the nominee as of the date when such nominee sustained a physical injury described in subsection (a).(c)performed the act of bravery described in subsection (a). CommentsClose CommentsPermalink





(c) Submission Deadline-(1) INJURIES SUSTAINED BEFORE AUGUST 15- In the case of an individual who sustained a physical injury described in subsection (a) on or after January 1 of a year and before August 15 of such year, to nominate such individual under such subsection for a Badge, an agency head shall submit such nomination to the Congressional Badge of Bravery Board by February 15 of the following year.(2) INJURIES SUSTAINED ON OR AFTER AUGUST 15- In the case of an individual who sustained a physical injury described in subsection (a) on or after August 15 of a year, to nominate such individual under such subsection for a Badge, an A Federal agency head shall submit such nomination to the Congressional Badge of Bravery Board byeach nomination under subsection (a) to the Office not later than February 15 of the second year following the date on which the individual sustained such physical injurynominee performed the act of bravery described in subsection (a). CommentsClose CommentsPermalink

SEC. 5.103. 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 (in this Act referred to as the `Board'). CommentsClose CommentsPermalink





(b) Duties- The duties of the Board areFederal Board shall do the following: CommentsClose CommentsPermalink





(1) Design the Federal Law Enforcement Badge with appropriate ribbons and appurtenances. CommentsClose CommentsPermalink





(2) Select an engraver to produce each Federal Law Enforcement Badge. CommentsClose CommentsPermalink





(3) Not later than July 15 of each year,Recommend recipients of the Federal Law Enforcement Badge from among those nominations timely submitted to the Congressional Badge of Bravery Board by February 15th of such year, endorse as recipients of the Badge such nominations who meetOffice. CommentsClose CommentsPermalink





(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 4(a) and submit to the Attorney General a list of such nominations so endorsed.(4102(a). CommentsClose CommentsPermalink





(5) After submission toapproval by the Attorney General of the list described in paragraph (3)-- CommentsClose CommentsPermalink





(A) procure the Federal Law Enforcement Badges from the engraver selected under paragraph (2); CommentsClose CommentsPermalink





(B) send a letter announcing the award of each Badge to theFederal Law Enforcement Badge to the Federal agency head who nominated the endorsed recipient of suchrecipient of such Federal Law Enforcement Badge; CommentsClose CommentsPermalink





(C) send a letter to each Member of Congress representing the congressional district where the endorsed recipient of each Federal Law Enforcement Badge resides to offer such Member an opportunity to present such Badge;(D) provide for the presentation of eachFederal Law Enforcement Badge; and CommentsClose CommentsPermalink





(D) make or facilitate arrangements for presenting each Federal Law Enforcement Badge in accordance with section 7; and(E) provide for the posting of the name of each endorsed recipient of the Badge on the public Internet site of the Department of Justice in a manner that acknowledges the Federal service and bravery of each such recipient.(5104. CommentsClose CommentsPermalink





(6) Set an annual timetable for fulfilling the duties described in this subsection. CommentsClose CommentsPermalink





(c) Membership- CommentsClose CommentsPermalink





(1) NUMBER AND APPOINTMENT- The Federal Board shall be composed of 7 members (in this Act referred to as the `Board members') appointed as follows: CommentsClose CommentsPermalink





(A) One member jointly appointed by the majority leader and minority leader of the Senate. CommentsClose CommentsPermalink





(B) One member jointly appointed by the Speaker and minority leader of the House of Representatives. CommentsClose CommentsPermalink





(C) One member from the Department of Justice appointed by the Attorney General. CommentsClose CommentsPermalink





(D) FourTwo members of the Federal Law Enforcement Officers Association appointed by the Executive Board of the Federal Law Enforcement Officers Association. CommentsClose CommentsPermalink





(E) Two members of the Fraternal Order of Police appointed by the Executive Board of the Fraternal Order of Police. CommentsClose CommentsPermalink





(2) LIMITATIONS-(A) APPLICABLE TO MEMBERS OF THE FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION- No- Not more than 5-- CommentsClose CommentsPermalink





(A) 2 Federal Board members may be members of the Federal Law Enforcement Officers Association.(B) APPLICABLE TO NOMINATING OFFICIALS- In the case of a Board member who is an agency head, if such member nominates an individual under section 4(a), such member may not participate in any evaluation or recommendation process of the Board with respect to such individual; and CommentsClose CommentsPermalink





(B) 2 Federal Board members may be members of the Fraternal Order of Police. CommentsClose CommentsPermalink





(3) QUALIFICATIONS- Board Federal Board members shall be individuals with knowledge or expertise, whether by experience or training, in the field of Federal law enforcement. CommentsClose CommentsPermalink





(4) TERMS AND VACANCIES- Each Federal Board member shall be appointed for 2 years and may be reappointed. A vacancy in the Board shallFederal Board shall not affect the powers of the Federal Board and shall be filled in the same manner as the original appointment. CommentsClose CommentsPermalink





(d) Operations- CommentsClose CommentsPermalink





(1) CHAIRPERSON- The Chairperson of the Board shall be aFederal Board shall be a Federal Board member elected by a majority of the Board.(2) MEETINGS- The Board shallFederal Board. CommentsClose CommentsPermalink





(2) MEETINGS- The Federal Board shall conduct its first meeting not later than 90 days after the appointment of a majority of Board Federal Board members. Thereafter, the Board shallFederal 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. CommentsClose CommentsPermalink





(3) VOTING AND RULES- A majority of Board Federal Board members shall constitute a quorum to conduct business, but the Board may Federal Board may establish a lesser quorum for conducting hearings scheduled by the Board. TheFederal 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 Acttitle or other applicable law. CommentsClose CommentsPermalink





(4) STAFF- The Board may appoint and fix the pay of additional qualified personnel as the Board considers appropriate to assist it in carrying out its duties under subsection (b).(e) Powers- CommentsClose CommentsPermalink





(1) HEARINGS- CommentsClose CommentsPermalink





(A) IN GENERAL- The Federal Board may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Board Federal Board considers appropriate to carry out the duties of the Board Federal Board under this Act. Thetitle. The Federal Board may administer oaths or affirmations to witnesses appearing before it. CommentsClose CommentsPermalink





(B) WITNESS EXPENSES- Witnesses requested to appear before the Federal Board may be paid the same fees as are paid to witnesses undersection 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Board.(2)Federal Board. CommentsClose CommentsPermalink





(2) INFORMATION FROM FEDERAL AGENCIES- Subject to sections 552, 552a, and 552b of title 5, United States Code-- CommentsClose CommentsPermalink





(A) the Board may Federal Board may secure directly from any Federal department or agency information necessary to enable it to carry out this Acttitle; and CommentsClose CommentsPermalink





(B) upon request of the Federal Board, the head of that department or agency shall furnish the information to the Federal Board. CommentsClose CommentsPermalink





(3) INFORMATION TO BE KEPT CONFIDENTIAL- The Board shallFederal Board shall not disclose any information which may compromise an ongoing law enforcement investigation or is otherwise required by law to be kept confidential. CommentsClose CommentsPermalink





(f) Compensation- CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), Board members shall serve without pay.(2each 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 undersection 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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

SEC. 6104. PRESENTATION OF FEDERAL LAW ENFORCEMENT BADGES.

(a) Presentation by Member of Congress- A Member of Congress may present a Badge to anyFederal 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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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 Senator and RepresentativeMembers shall make joint arrangements. The Board shallFederal Board shall facilitate any such presentation arrangements as requested by the congressional office presenting the Badge and shall Federal Law Enforcement Badge and shall make arrangements in cases not undertaken by Members of Congress. CommentsClose CommentsPermalink

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 ' means a Federal employee--(1) who has statutory authority to make arrests;(2) who is authorized by his or her agency to carry firearms; and(3) whose duties are primarily--(A) the investigation, apprehension, or detention of individuals suspected or convicted of a Federal criminal offense; or(B) the protection of Federal officials against threats tocited 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. CommentsClose CommentsPermalink

(a) In General- A State or local agency head may nominate for a State and Local Law Enforcement Badge an individual-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(2) who-- CommentsClose CommentsPermalink





(A)(i) sustained a physical injury while-- CommentsClose CommentsPermalink





(I) engaged in the lawful duties of the individual; and CommentsClose CommentsPermalink





(II) performing an act characterized as bravery by the State or local agency head making the nomination; and CommentsClose CommentsPermalink





(ii) put the individual at personal safety.(b) Agency Head- The term `risk when the injury described in clause (i) occurred; or CommentsClose CommentsPermalink





(B) while not injured, performed an act characterized as bravery by the State or local agency head ' means the head of any executive, legislative, or judicial branch government entitymaking the nomination that employs Federal law enforcement officersplaced the individual at risk of serious physical injury or death. CommentsClose CommentsPermalink





(b) Contents- A nomination under subsection (a) shall include-- CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(2) the full name of the nominee; CommentsClose CommentsPermalink





(3) the home mailing address of the nominee; CommentsClose CommentsPermalink





(4) the agency in which the nominee served on the date when such nominee performed the act of bravery described in subsection (a); CommentsClose CommentsPermalink





(5) the occupational title and grade or rank of the nominee; CommentsClose CommentsPermalink





(6) the field office address of the nominee on the date when such nominee performed the act of bravery described in subsection (a); and CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink

SEC. 8. AUTHORIZATION203. STATE AND LOCAL LAW ENFORCEMENT CONGRESSIONAL BADGE OF APPROPRIATIONS.BRAVERY BOARD.

(a) Establishment- There are authorized to be appropriatedis established within the Department of Justice a State and Local Law Enforcement Congressional Badge of Bravery Board. CommentsClose CommentsPermalink





(b) Duties- The State and Local Board shall do the following: CommentsClose CommentsPermalink





(1) Design the State and Local Law Enforcement Badge with appropriate ribbons and appurtenances. CommentsClose CommentsPermalink





(2) Select an engraver to produce each State and Local Law Enforcement Badge. CommentsClose CommentsPermalink





(3) Recommend recipients of the State and Local Law Enforcement Badge from among those nominations timely submitted to the Office. CommentsClose CommentsPermalink





(4) Annually present to the Attorney General such sums as may bethe 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). CommentsClose CommentsPermalink





(5) After approval by the Attorney General-- CommentsClose CommentsPermalink





(A) procure the State and Local Law Enforcement Badges from the engraver selected under paragraph (2); CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(D) make or facilitate arrangements for presenting each State and Local Law Enforcement Badge in accordance with section 204. CommentsClose CommentsPermalink





(6) Set an annual timetable for fulfilling the duties described in this subsection. CommentsClose CommentsPermalink





(c) Membership- CommentsClose CommentsPermalink





(1) NUMBER AND APPOINTMENT- The State and Local Board shall be composed of 9 members appointed as follows: CommentsClose CommentsPermalink





(A) One member jointly appointed by the majority leader and minority leader of the Senate. CommentsClose CommentsPermalink





(B) One member jointly appointed by the Speaker and minority leader of the House of Representatives. CommentsClose CommentsPermalink





(C) One member from the Department of Justice appointed by the Attorney General. CommentsClose CommentsPermalink





(D) Two members of the Fraternal Order of Police appointed by the Executive Board of the Fraternal Order of Police. CommentsClose CommentsPermalink





(E) One member of the National Association of Police Organizations appointed by the Executive Board of the National Association of Police Organizations. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(H) One member of the National Sheriffs’ Association appointed by the Executive Committee of the National Sheriffs’ Association. CommentsClose CommentsPermalink





(2) LIMITATION- Not more than 5 State and Local Board members may be members of the Fraternal Order of Police. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(d) Operations- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(e) Powers- CommentsClose CommentsPermalink





(1) HEARINGS- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(B) WITNESS EXPENSES- Witnesses requested to appear before the State and Local Board may be paid the same fees as are paid to witnesses undersection 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. CommentsClose CommentsPermalink





(2) INFORMATION FROM FEDERAL AGENCIES- Subject to sections 552, 552a, and 552b of title 5, United States Code-- CommentsClose CommentsPermalink





(A) the State and Local Board may secure directly from any Federal department or agency information necessary to enable it to carry out this Act.Passed the House of Representatives April 15, 2008.Attest:LORRAINE C. MILLER,Clerk.title; and CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(f) Compensation- CommentsClose CommentsPermalink





(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 undersection 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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink