disciplinary hearing board or independent hearing 
officer finds that— 
‘‘(A) the officer who is the subject of the 
charge could reasonably be expected to have 
had knowledge of the probable consequences of 
the alleged conduct set forth in the charge 
against the officer; 
‘‘(B) the rule, regulation, order, or proce-
dure that the officer who is the subject of the 
charge allegedly violated is reasonable; 
‘‘(C) the charging party, before filing the 
charge, made a reasonable, fair, and objective 
effort to discover whether the officer did in fact 
violate the rule, regulation, order, or procedure 
as charged; 
‘‘(D) the charging party did not conduct 
the investigation arbitrarily or unfairly, or in a 
discriminatory manner, against the officer who 
is the subject of the charge, and the charge was 
brought in good faith; and 
‘‘(E) the proposed disciplinary action rea-
sonably relates to the seriousness of the alleged 
violation and to the record of service of the offi-
cer who is the subject of the charge. 
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‘‘(18) NO COMMISSION OF A VIOLATION.—If the 
officer who is the subject of the disciplinary hearing 
is found not to have committed the alleged viola-
tion— 
‘‘(A) the matter is concluded; 
‘‘(B) no disciplinary action may be taken 
against the officer; 
‘‘(C) the personnel file of that officer shall 
not contain any reference to the charge for 
which the officer was found not guilty; and 
‘‘(D) any pay and benefits lost or deferred 
during the pendency of the disposition of the 
charge shall be restored to the officer as though 
no charge had ever been filed against the offi-
cer, including salary or regular pay, vacation, 
holidays, longevity pay, education incentive pay, 
shift differential, uniform allowance, lost over-
time, or other premium pay opportunities, and 
lost promotional opportunities. 
‘‘(19) COMMISSION OF A VIOLATION.— 
‘‘(A) IN GENERAL.—If the officer who is 
the subject of the charge is found to have com-
mitted the alleged violation, the hearing officer 
or board shall make a written recommendation 
of a penalty to the law enforcement agency em-
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ploying the officer or any other governmental 
entity that has final disciplinary authority, as 
provided by applicable State or local law. 
‘‘(B) PENALTY.—The employing agency or 
other governmental entity may not impose a 
penalty greater than the penalty recommended 
by the hearing officer or board. 
‘‘(20) APPEAL.—Any officer who has been 
found to have committed an alleged violation may 
appeal from a final decision of a hearing officer or 
hearing board to a court of competent jurisdiction or 
to an independent neutral arbitrator to the extent 
available in any other administrative proceeding 
under applicable State or local law, or a collective 
bargaining agreement. 
‘‘(i) WAIVER OF RIGHTS.— 
‘‘(1) IN GENERAL.—An officer who is notified 
that the officer is under investigation or is the sub-
ject of a charge may, after such notification, waive 
any right or procedure guaranteed by this section. 
‘‘(2) WRITTEN
WAIVER.—A written waiver 
under this subsection shall be— 
‘‘(A) in writing; and 
‘‘(B) signed by— 
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‘‘(i) the officer, who shall have con-
sulted with counsel or a representative be-
fore signing any such waiver; or 
‘‘(ii) the counsel or representative of 
the officer, if expressly authorized by sub-
section (h). 
‘‘(j) SUMMARY PUNISHMENT.—Nothing in this sec-
tion shall preclude a public agency from imposing sum-
mary punishment. 
‘‘(k) EMERGENCY SUSPENSION.—Nothing in this 
section may be construed to preclude a law enforcement 
agency from imposing an emergency suspension on a law 
enforcement officer, except that any such suspension 
shall— 
‘‘(1) be followed by a hearing in accordance 
with the requirements of subsection (h); and 
‘‘(2) not deprive the affected officer of any pay 
or benefit. 
‘‘(l) RETALIATION FOR EXERCISING RIGHTS.—There 
shall be no imposition of, or threat of, disciplinary action 
or other penalty against a law enforcement officer for the 
exercise of any right provided to the officer under this sec-
tion. 
‘‘(m) OTHER REMEDIES NOT IMPAIRED.—Nothing 
in this section may be construed to impair any other right 
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or remedy that a law enforcement officer may have under 
any constitution, statute, ordinance, order, rule, regula-
tion, procedure, written policy, collective bargaining agree-
ment, or any other source. 
‘‘(n) DECLARATORY OR INJUNCTIVE RELIEF.—A law 
enforcement officer who is aggrieved by a violation of, or 
is otherwise denied any right afforded by, the Constitution 
of the United States, a State constitution, this section, 
or any administrative rule or regulation promulgated pur-
suant thereto, may file suit in any Federal or State court 
of competent jurisdiction for declaratory or injunctive re-
lief to prohibit the law enforcement agency from violating 
or otherwise denying such right, and such court shall have 
jurisdiction, for cause shown, to restrain such a violation 
or denial. 
‘‘(o) PROTECTION OF LAW ENFORCEMENT OFFICER 
PERSONNEL FILES.— 
‘‘(1) RESTRICTIONS
ON
ADVERSE
MATERIAL 
MAINTAINED IN OFFICERS’ PERSONNEL RECORDS.— 
‘‘(A) IN GENERAL.—Unless the officer has 
had an opportunity to review and comment, in 
writing, on any adverse material included in a 
personnel record relating to the officer, no law 
enforcement agency or other governmental enti-
ty may— 
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‘‘(i) include the adverse material in 
that personnel record; or 
‘‘(ii) possess or maintain control over 
the adverse material in any form as a per-
sonnel record within the law enforcement 
agency or elsewhere in the control of the 
employing governmental entity. 
‘‘(B) RESPONSIVE
MATERIAL.—Any re-
sponsive material provided by an officer to ad-
verse material included in a personnel record 
pertaining to the officer shall be— 
‘‘(i) attached to the adverse material; 
and 
‘‘(ii) released to any person or entity 
to whom the adverse material is released in 
accordance with law and at the same time 
as the adverse material is released. 
‘‘(2) RIGHT TO INSPECTION OF, AND RESTRIC-
TIONS ON ACCESS TO INFORMATION IN, THE OFFI-
CER’S OWN PERSONNEL RECORDS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a law enforcement officer shall have 
the right to inspect all of the personnel records 
of the officer not less than annually. 
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‘‘(B) RESTRICTIONS.—A law enforcement 
officer shall not have access to information in 
the personnel records of the officer if the infor-
mation— 
‘‘(i) relates to the investigation of al-
leged conduct that, if proven, would con-
stitute or have constituted a definite viola-
tion of a statute providing for criminal 
penalties, but as to which no formal charge 
was brought; 
‘‘(ii) contains letters of reference for 
the officer; 
‘‘(iii) contains any portion of a test 
document other than the results; 
‘‘(iv) is of a personal nature about an-
other officer, and if disclosure of that in-
formation in non-redacted form would con-
stitute a clearly unwarranted intrusion into 
the privacy rights of that other officer; or 
‘‘(v) is relevant to any pending claim 
brought by or on behalf of the officer 
against the employing agency of that offi-
cer that may be discovered in any judicial 
or administrative proceeding between the 
officer and the employer of that officer. 
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‘‘(p) STATES’ RIGHTS.— 
‘‘(1) IN
GENERAL.—Nothing in this section 
may be construed— 
‘‘(A) to preempt any State or local law, or 
any provision of a State or local law, in effect 
on the date of enactment of the State and Local 
Law Enforcement Discipline, Accountability, 
and Due Process Act of 2011, that confers a 
right or a protection that equals or exceeds the 
right or protection afforded by this section; or 
‘‘(B) to prohibit the enactment of any 
State or local law that confers a right or protec-
tion that equals or exceeds a right or protection 
afforded by this section. 
‘‘(2) STATE OR LOCAL LAWS PREEMPTED.—A 
State or local law, or any provision of a State or 
local law, that confers fewer rights or provides less 
protection for a law enforcement officer than any 
provision in this section shall be preempted by this 
section. 
‘‘(q) COLLECTIVE
BARGAINING
AGREEMENTS.— 
Nothing in this section may be construed to— 
‘‘(1) preempt any provision in a mutually 
agreed-upon collective bargaining agreement, in ef-
fect on the date of enactment of the State and Local 
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Law Enforcement Discipline, Accountability, and 
Due Process Act of 2011, that provides for substan-
tially the same or a greater right or protection af-
forded under this section; or 
‘‘(2) prohibit the negotiation of any additional 
right or protection for an officer who is subject to 
any collective bargaining agreement.’’. 
SEC. 4. PROHIBITION OF FEDERAL CONTROL OVER STATE 
AND LOCAL CRIMINAL JUSTICE AGENCIES. 
Nothing in this Act shall be construed to authorize 
any department, agency, officer, or employee of the United 
States to exercise any direction, supervision, or control of 
any police force or any criminal justice agency of any 
State or any political subdivision thereof. 
SEC. 5. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
with respect to each State on the earlier of— 
(1) 2 years after the date of enactment of this 
Act; or 
(2) the conclusion of the second legislative ses-
sion of the State that begins on or after the date of 
enactment of this Act. 
Æ 
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