I
107TH CONGRESS
1ST SESSION
H. R. 1626
To amend title I of the Omnibus Crime Control and Safe Streets Act of
1968 to provide standards and procedures to guide both State and
local law enforcement agencies and law enforcement officers during inter-
nal investigations, interrogation of law enforcement officers, and adminis-
trative disciplinary hearings, to ensure accountability of law enforcement
officers, to guarantee the due process rights of law enforcement officers,
and to require States to enact law enforcement discipline, accountability,
and due process laws.
IN THE HOUSE OF REPRESENTATIVES
APRIL 26, 2001
Mr. RAMSTAD (for himself and Mr. TOM DAVIS of Virginia) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To amend title I of the Omnibus Crime Control and Safe
Streets Act of 1968 to provide standards and procedures
to guide both State and local law enforcement agencies
and law enforcement officers during internal investiga-
tions, interrogation of law enforcement officers, and ad-
ministrative disciplinary hearings, to ensure account-
ability of law enforcement officers, to guarantee the due
process rights of law enforcement officers, and to require
States to enact law enforcement discipline, accountability,
and due process laws.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘State and Local Law
Enforcement Discipline, Accountability, and Due Process
Act of 2001’’.
SEC. 2. FINDINGS AND DECLARATION OF PURPOSE AND
POLICY.
(a) FINDINGS.—Congress finds that—
(1) the rights of law enforcement officers to en-
gage in political activity or to refrain from engaging
in political activity, except when on duty, or to run
as candidates for public office, unless such service is
found to be in conflict with their service as officers,
are activities protected by the first amendment of
the United States Constitution, as applied to the
States through the 14th amendment of the United
States Constitution, but these rights are often vio-
lated by the management of State and local law en-
forcement agencies;
(2) a significant lack of due process rights of
law enforcement officers during internal investiga-
tions and disciplinary proceedings has resulted in a
loss of confidence in these processes by many law
enforcement officers, including those unfairly tar-
geted for their labor organization activities or for
their aggressive enforcement of the laws, demor-
alizing many rank and file officers in communities
and States;
(3) unfair treatment of officers has potentially
serious long-term consequences for law enforcement
by potentially deterring or otherwise preventing offi-
cers from carrying out their duties and responsibil-
ities effectively and fairly;
(4) the lack of labor-management cooperation
in disciplinary matters and either the perception or
the actuality that officers are not treated fairly det-
rimentally impacts the recruitment of and retention
of effective officers, as potential officers and experi-
enced officers seek other careers which has serious
implications and repercussions for officer morale,
public safety, and labor-management relations and
strife and can affect interstate and intrastate com-
merce, interfering with the normal flow of com-
merce;
(5) there are serious implications for the public
safety of the citizens and residents of the United
States which threatens the domestic tranquility of
the United States because of a lack of statutory pro-
tections to ensure—
(i) the due process and political rights of
law enforcement officers;
(ii) fair and thorough internal investiga-
tions and interrogations of and disciplinary pro-
ceedings against law enforcement officers; and
(iii) effective procedures for receipt, review,
and investigation of complaints against officers,
fair to both officers and complainants; and
(6) resolving these disputes and problems and
preventing the disruption of vital police services is
essential to the well-being of the United States and
the domestic tranquility of the Nation.
(b) DECLARATION OF POLICY.—Congress declares
that it is the purpose of this Act and the policy of the
United States to—
(1) protect the due process and political rights
of State and local law enforcement officers and en-
sure equality and fairness of treatment among such
officers;
(2) provide continued police protection to the
general public;
(3) provide for the general welfare and ensure
domestic tranquility; and
(4) prevent any impediments to the free flow of
commerce, under the rights guaranteed under the
United States Constitution and Congress’ authority
thereunder.
SEC. 3. DISCIPLINE, ACCOUNTABILITY, AND DUE PROCESS
OF OFFICERS.
(a) IN GENERAL.—Part H of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3781 et seq.) is amended by adding at the end the fol-
lowing:
‘‘SEC. 820. DISCIPLINE, ACCOUNTABILITY, AND DUE PROC-
ESS OF STATE AND LOCAL LAW ENFORCE-
MENT OFFICERS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DISCIPLINARY
ACTION.—The term ‘dis-
ciplinary action’ means any adverse personnel action,
including suspension, reduction in pay, rank, or
other employment benefit, dismissal, transfer, reas-
signment, unreasonable denial of secondary employ-
ment, or similar punitive action taken against a law
enforcement officer.
‘‘(2) DISCIPLINARY HEARING.—The term ‘dis-
ciplinary hearing’ means an administrative hearing
initiated by a law enforcement agency against a law
enforcement officer, based on an alleged violation of
law, that, if proven, would subject the law enforce-
ment officer to disciplinary action.
‘‘(3) EMERGENCY
SUSPENSION.—The term
‘emergency suspension’ means the temporary action
by a law enforcement agency of relieving a law en-
forcement officer from the active performance of law
enforcement duties without a reduction in pay or
benefits when the law enforcement agency, or an of-
ficial within that agency, determines that there is
probable cause, based upon the conduct of the law
enforcement officer, to believe that the law enforce-
ment officer poses an immediate threat to the safety
of that officer or others or the property of others.
‘‘(4) 
INVESTIGATION.—The 
term
‘investigation’—
‘‘(A) means an action taken to determine
whether a law enforcement officer violated a
law by a public agency or a person employed by
a public agency, acting alone or in cooperation
with or at the direction of another agency, or
a division or unit within another agency, re-
gardless of a denial by such an agency that any
such action is not an investigation; and
‘‘(B) includes—
‘‘(i) asking questions of any other law
enforcement officer or non-law enforcement
officer;
‘‘(ii) conducting observations;
‘‘(iii) reviewing and evaluating re-
ports, records, or other documents; and
‘‘(iv) examining physical evidence.
‘‘(5) LAW ENFORCEMENT OFFICER.—The terms
‘law enforcement officer’ and ‘officer’ have the
meaning given the term ‘law enforcement officer’ in
section 1204, except the term does not include a law
enforcement officer employed by the United States,
or any department, agency, or instrumentality there-
of.
‘‘(6) PERSONNEL
RECORD.—The term ‘per-
sonnel record’ means any document, whether in writ-
ten or electronic form and irrespective of location,
that has been or may be used in determining the
qualifications of a law enforcement officer for em-
ployment, promotion, transfer, additional compensa-
tion, termination or any other disciplinary action.
‘‘(7) PUBLIC AGENCY AND LAW ENFORCEMENT
AGENCY.—The terms ‘public agency’ and ‘law en-
forcement agency’ each have the meaning given the
term ‘public agency’ in section 1204, except the
terms do not include the United States, or any de-
partment, agency, or instrumentality thereof.
‘‘(8) SUMMARY PUNISHMENT.—The term ‘sum-
mary punishment’ means punishment imposed—
‘‘(A) for a violation of law that does not
result in any disciplinary action; or
‘‘(B) for a violation of law that has been
negotiated and agreed upon by the law enforce-
ment agency and the law enforcement officer,
based upon a written waiver by the officer of
the rights of that officer under subsection (i)
and any other applicable law or constitutional
provision, after consultation with the counsel or
representative of that officer.
‘‘(b) APPLICABILITY.—
‘‘(1) IN GENERAL.—This section sets forth the
due process rights, including procedures, that shall
be afforded a law enforcement officer who is the
subject of an investigation or disciplinary hearing.
‘‘(2) NONAPPLICABILITY.—This section does
not apply in the case of—
‘‘(A) an investigation of specifically alleged
conduct by a law enforcement officer that, if
proven, would constitute a violation of a statute
providing for criminal penalties; or
‘‘(B) a nondisciplinary action taken in
good faith on the basis of the employment re-
lated performance of a law enforcement officer.
‘‘(c) POLITICAL ACTIVITY.—
‘‘(1) RIGHT TO ENGAGE OR NOT TO ENGAGE IN
POLITICAL ACTIVITY.—Except when on duty or act-
ing in an official capacity, a law enforcement officer
shall not be prohibited from engaging in political ac-
tivity or be denied the right to refrain from engaging
in political activity.
‘‘(2) RIGHT TO RUN FOR ELECTIVE OFFICE.—
A law enforcement officer shall not be—
‘‘(A) prohibited from being a candidate for
an elective office or from serving in such an
elective office, solely because of the status of
the officer as a law enforcement officer; or
‘‘(B) required to resign or take an unpaid
leave from employment with a law enforcement
agency to be a candidate for an elective office
or to serve in an elective office, unless such
service is determined to be in conflict with or
incompatible with service as a law enforcement
officer.
‘‘(3) ADVERSE PERSONNEL ACTION.—An action
by a public agency against a law enforcement officer,
including requiring the officer to take unpaid leave
from employment, in violation of this subsection
shall be considered an adverse personnel action with-
in the meaning of subsection (a)(1).
‘‘(d) EFFECTIVE PROCEDURES FOR RECEIPT, RE-
VIEW, AND INVESTIGATION
OF COMPLAINTS AGAINST
LAW ENFORCEMENT OFFICERS.—
‘‘(1) COMPLAINT PROCESS.—Not later than 1
year after the effective date of this section, each law
enforcement agency shall adopt and comply with a
written complaint procedure that—
‘‘(A) authorizes persons from outside the
law enforcement agency to submit written com-
plaints about a law enforcement officer to—
‘‘(i) the law enforcement agency em-
ploying the law enforcement officer; or
‘‘(ii) any other law enforcement agen-
cy charged with investigating such com-
plaints;
‘‘(B) sets forth the procedures for the in-
vestigation and disposition of such complaints;
‘‘(C) provides for public access to required
forms and other information concerning the
submission and disposition of written com-
plaints; and
‘‘(D) requires notification to the complain-
ant in writing of the final disposition of the
complaint and the reasons for such disposition.
‘‘(2) INITIATION OF AN INVESTIGATION.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), an investigation based on a
complaint from outside the law enforcement
agency shall commence not later than 15 days
after the receipt of the complaint by—
‘‘(i) the law enforcement agency em-
ploying the law enforcement officer against
whom the complaint has been made; or
‘‘(ii) any other law enforcement agen-
cy charged with investigating such a com-
plaint.
‘‘(B) 
EXCEPTION.—Subparagraph 
(A)
does not apply if—
‘‘(i) the law enforcement agency deter-
mines from the face of the complaint that
each allegation does not constitute a viola-
tion of law; or
‘‘(ii) the complainant fails to comply
substantially with the complaint procedure
of the law enforcement agency established
under this section.
‘‘(3) COMPLAINANT
OR
VICTIM
CONFLICT
OF
INTEREST.—The complainant or victim of the al-
leged violation of law giving rise to an investigation
under this subsection may not conduct or supervise
the investigation or serve as an investigator.
‘‘(e) NOTICE OF INVESTIGATION.—
‘‘(1) IN GENERAL.—Any law enforcement offi-
cer who is the subject of an investigation shall be
notified of the investigation 24 hours before the
commencement of questioning or to otherwise being
required to provide information to an investigating
agency.
‘‘(2) CONTENTS
OF
NOTICE.—Notice given
under paragraph (1) shall include—
‘‘(A) the nature and scope of the investiga-
tion;
‘‘(B) a description of any allegation con-
tained in a written complaint;
‘‘(C) a description of each violation of law
alleged in the complaint for which suspicion ex-
ists that the officer may have engaged in con-
duct that may subject the officer to disciplinary
action; and
‘‘(D) the name, rank, and command of the
officer or any other individual who will be con-
ducting the investigation.
‘‘(f) RIGHTS
OF LAW ENFORCEMENT OFFICERS
PRIOR TO AND DURING QUESTIONING INCIDENTAL TO AN
INVESTIGATION.—If a law enforcement officer is subjected
to questioning incidental to an investigation that may re-
sult in disciplinary action against the officer, the following
minimum safeguards shall apply:
‘‘(1) COUNSEL AND REPRESENTATION.—
‘‘(A) IN GENERAL.—Any law enforcement
officer under investigation shall be entitled to
effective counsel by an attorney or representa-
tion by any other person who the officer choos-
es, such as an employee representative, or both,
immediately before and during the entire period
of any questioning session, unless the officer
consents in writing to being questioned outside
the presence of counsel or representative.
‘‘(B) PRIVATE
CONSULTATION.—During
the course of any questioning session, the offi-
cer shall be afforded the opportunity to consult
privately with counsel or a representative, if
such consultation does not repeatedly and un-
necessarily disrupt the questioning period.
‘‘(B) the place at which the officer under
investigation reports for duty.
‘‘(4) IDENTIFICATION OF QUESTIONER.—Before
the commencement of any questioning, a law en-
forcement officer under investigation shall be in-
formed of—
‘‘(A) the name, rank, and command of the
officer or other individual who will conduct the
questioning; and
‘‘(B) the relationship between the indi-
vidual conducting the questioning and the law
enforcement agency employing the officer under
investigation.
‘‘(5) SINGLE QUESTIONER.—During any single
period of questioning of a law enforcement officer
under investigation, each question shall be asked by
or through 1 individual.
‘‘(6) REASONABLE
TIME
PERIOD.—Any ques-
tioning of a law enforcement officer under investiga-
tion shall be for a reasonable period of time and
shall allow reasonable periods for the rest and per-
sonal necessities of the officer and the counsel or
representative of the officer, if such person is
present.
‘‘(7) NO
THREATS, FALSE
STATEMENTS, OR
PROMISES TO BE MADE.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), no threat against, false or
misleading statement to, harassment of, or
promise of reward to a law enforcement officer
under investigation shall be made to induce the
officer to answer any question, give any state-
ment, or otherwise provide information.
‘‘(B) EXCEPTION.—The law enforcement
agency employing a law enforcement officer
under investigation may require the officer to
make a statement relating to the investigation
by explicitly threatening disciplinary action, in-
cluding termination, only if—
‘‘(i) the officer has received a written
grant of use and derivative use immunity
or transactional immunity by a person au-
thorized to grant such immunity; and
‘‘(ii) the statement given by the law
enforcement officer under such an immu-
nity may not be used in any subsequent
criminal proceeding against that officer.
‘‘(8) RECORDING.—
‘‘(A) IN GENERAL.—All questioning of a
law enforcement officer under an investigation
shall be recorded in full, in writing or by elec-
tronic device, and a copy of the transcript shall
be provided to the officer under investigation
before any subsequent period of questioning or
the filing of any charge against that officer.
‘‘(B) SEPARATE
RECORDING.—To ensure
the accuracy of the recording, an officer may
utilize a separate electronic recording device,
and a copy of any such recording (or the tran-
script) shall be provided to the public agency
conducting the questioning, if that agency so
requests.
‘‘(9) USE OF HONESTY TESTING DEVICES PRO-
HIBITED.—No law enforcement officer under inves-
tigation may be compelled to submit to the use of
a lie detector, as defined in section 2 of the Em-
ployee Polygraph Protection Act of 1988 (29 U.S.C.
2001).
‘‘(g) NOTICE OF INVESTIGATIVE FINDINGS AND DIS-
CIPLINARY RECOMMENDATION
AND OPPORTUNITY TO
SUBMIT A WRITTEN RESPONSE.—
‘‘(1) NOTICE.—Not later than 30 days after the
conclusion of an investigation under this section, the
person in charge of the investigation or the designee
of that person shall notify the law enforcement offi-
cer who was the subject of the investigation, in writ-
ing, of the investigative findings and any rec-
ommendations for disciplinary action.
‘‘(2) OPPORTUNITY TO SUBMIT WRITTEN RE-
SPONSE.—
‘‘(A) IN
GENERAL.—Not later than 30
days after receipt of a notification under para-
graph (1), and before the filing of any charge
seeking the discipline of such officer or the
commencement of any disciplinary proceeding
under subsection (h), the law enforcement offi-
cer who was the subject of the investigation
may submit a written response to the findings
and recommendations included in the notifica-
tion.
‘‘(B) CONTENTS OF RESPONSE.—The re-
sponse submitted under subparagraph (A) may
include references to additional documents,
physical objects, witnesses, or any other infor-
mation that the law enforcement officer believes
may provide exculpatory evidence.
‘‘(h) DISCIPLINARY HEARING.—
‘‘(1) NOTICE
OF
OPPORTUNITY
FOR
HEAR-
ING.—Except in a case of summary punishment or
emergency suspension (subject to subsection (k)),
before the imposition of any disciplinary action the
law enforcement agency shall notify the officer that
the officer is entitled to a due process hearing by an
independent and impartial hearing officer or board.
‘‘(2) REQUIREMENT
OF
DETERMINATION
OF
VIOLATION.—No disciplinary action may be taken
against a law enforcement officer unless an inde-
pendent and impartial hearing officer or board de-
termines, after a hearing and in accordance with the
requirements of this subsection, that the law en-
forcement officer committed a violation of law.
‘‘(3) TIME LIMIT.—No disciplinary charge may
be brought against a law enforcement officer
unless—
‘‘(A) the charge is filed not later than the
earlier of—
‘‘(i) 1 year after the date on which the
law enforcement agency filing the charge
had knowledge or reasonably should have
had knowledge of an alleged violation of
law; or
‘‘(ii) 90 days after the commencement
of an investigation; or
‘‘(B) the requirements of this paragraph
are waived in writing by the officer or the coun-
sel or representative of the officer.
‘‘(4) NOTICE OF HEARING.—Unless waived in
writing by the officer or the counsel or representa-
tive of the officer, not later than 30 days after the
filing of a disciplinary charge against a law enforce-
ment officer, the law enforcement agency filing the
charge shall provide written notification to the law
enforcement officer who is the subject of the charge,
of—
‘‘(A) the date, time, and location of any
disciplinary hearing, which shall be scheduled in
cooperation with the law enforcement officer, or
the counsel or representative of the officer, and
which shall take place not earlier than 30 days
and not later than 60 days after notification of
the hearing is given to the law enforcement offi-
cer under investigation;
‘‘(B) the name and mailing address of the
independent and impartial hearing officer, or
the names and mailing addresses of the inde-
pendent and impartial hearing board members;
and
‘‘(C) the name, rank, command, and ad-
dress of the law enforcement officer prosecuting
the matter for the law enforcement agency, or
the name, position, and mailing address of the
person prosecuting the matter for a public
agency, if the prosecutor is not a law enforce-
ment officer.
‘‘(5) ACCESS TO DOCUMENTARY EVIDENCE AND
INVESTIGATIVE FILE.—Unless waived in writing by
the law enforcement officer or the counsel or rep-
resentative of that officer, not later than 15 days be-
fore a disciplinary hearing described in paragraph
(4)(A), the law enforcement officer shall be provided
with—
‘‘(A) a copy of the complete file of the pre-
disciplinary investigation; and
‘‘(B) access to and, if so requested, copies
of all documents, including transcripts, records,
written statements, written reports, analyses,
and electronically recorded information that—
‘‘(i) contain exculpatory information;
‘‘(ii) are intended to support any dis-
ciplinary action; or
‘‘(iii) are to be introduced in the dis-
ciplinary hearing.
‘‘(6) EXAMINATION OF PHYSICAL EVIDENCE.—
Unless waived in writing by the law enforcement of-
ficer or the counsel or representative of that
officer—
‘‘(A) not later than 15 days before a dis-
ciplinary hearing, the prosecuting agency shall
notify the law enforcement officer or the coun-
sel or representative of that officer of all phys-
ical, non-documentary evidence; and
‘‘(B) not later than 10 days before a dis-
ciplinary hearing, the prosecuting agency shall
provide a reasonable date, time, place, and
manner for the law enforcement officer or the
counsel or representative of the law enforce-
ment officer to examine the evidence described
in subparagraph (A).
‘‘(7) IDENTIFICATION OF WITNESSES.—Unless
waived in writing by the law enforcement officer or
the counsel or representative of the officer, not later
than 15 days before a disciplinary hearing, the pros-
ecuting agency shall notify the law enforcement offi-
cer or the counsel or representative of the officer, of
the name and address of each witness for the law
enforcement agency employing the law enforcement
officer.
‘‘(8) REPRESENTATION.—During a disciplinary
hearing, the law enforcement officer who is the sub-
ject of the hearing shall be entitled to due process,
including—
‘‘(A) the right to be represented by counsel
or a representative;
‘‘(B) the right to confront and examine all
witnesses against the officer; and
‘‘(C) the right to call and examine wit-
nesses on behalf of the officer.
‘‘(9) HEARING BOARD AND PROCEDURE.—
‘‘(A) IN GENERAL.—A State or local gov-
ernment agency, other than the law enforce-
ment agency employing the officer who is sub-
ject of the disciplinary hearing, shall—
‘‘(i) determine the composition of an
independent and impartial disciplinary
hearing board;
‘‘(ii) appoint an independent and im-
partial hearing officer; and
‘‘(iii) establish such procedures as
may be necessary to comply with this sec-
tion.
‘‘(B) PEER REPRESENTATION ON DISCIPLI-
NARY HEARING BOARD.—A disciplinary hearing
board that includes employees of the law en-
forcement agency employing the law enforce-
ment officer who is the subject of the hearing,
shall include not less than 1 law enforcement
officer of equal or lesser rank to the officer who
is the subject of the hearing.
‘‘(10) SUMMONSES AND SUBPOENAS.—
‘‘(A) IN GENERAL.—The disciplinary hear-
ing board or independent hearing officer—
‘‘(i) shall have the authority to issue
summonses or subpoenas, on behalf of—
‘‘(I) the law enforcement agency
employing the officer who is the sub-
ject of the hearing; or
‘‘(II) the law enforcement officer
who is the subject of the hearing; and
‘‘(ii) upon written request of either
the agency or the officer, shall issue a
summons or subpoena, as appropriate, to
compel the appearance and testimony of a
witness or the production of documentary
evidence.
‘‘(B) EFFECT
OF
FAILURE
TO
COMPLY
WITH SUMMONS OR SUBPOENA.—With respect
to any failure to comply with a summons or a
subpoena issued under subparagraph (A)—
‘‘(i) the disciplinary hearing officer or
board shall petition a court of competent
jurisdiction to issue an order compelling
compliance; and
‘‘(ii) subsequent failure to comply
with such a court order issued pursuant to
a petition under clause (i) shall—
‘‘(I) be subject to contempt of a
court proceedings according to the
laws of the jurisdiction within which
the disciplinary hearing is being con-
ducted; and
‘‘(II) result in the recess of the
disciplinary hearing until the witness
becomes available to testify and does
testify or is held in contempt.
‘‘(11) CLOSED HEARING.—A disciplinary hear-
ing shall be closed to the public unless the law en-
forcement officer who is the subject of the hearing
requests, in writing, that the hearing be open to
specified individuals or to the general public.
‘‘(12) RECORDING.—All aspects of a discipli-
nary hearing, including pre-hearing motions, shall be
recorded by audio tape, video tape, or transcription.
‘‘(13) SEQUESTRATION OF WITNESSES.—Either
side in a disciplinary hearing may move for and be
entitled to sequestration of witnesses.
‘‘(14) TESTIMONY UNDER OATH.—The hearing
officer or board shall administer an oath or affirma-
tion to each witness, who shall testify subject to the
laws of perjury of the State in which the disciplinary
hearing is being conducted.
‘‘(15) FINAL DECISION ON EACH CHARGE.—
‘‘(A) IN GENERAL.—At the conclusion of
the presentation of all the evidence and after
oral or written argument, the hearing officer or
board shall deliberate and render a written final
decision on each charge.
‘‘(B) 
FINAL
DECISION
ISOLATED
TO
CHARGE
BROUGHT.—The hearing officer or
board may not find that the law enforcement
officer who is the subject of the hearing is liable
for disciplinary action for any violation of law,
as to which the officer was not charged.
‘‘(16) BURDEN OF PERSUASION AND STANDARD
OF PROOF.—The burden of persuasion or standard
of proof of the prosecuting agency shall be—
‘‘(A) by clear and convincing evidence as to
each charge alleging false statement or rep-
resentation, fraud, dishonesty, deceit, moral
turpitude, or criminal behavior on the part of
the law enforcement officer who is the subject
of the charge; and
‘‘(B) by a preponderance of the evidence as
to all other charges.
‘‘(17) FACTORS OF JUST CAUSE TO BE CONSID-
ERED BY THE HEARING OFFICER OR BOARD.—A law
enforcement officer who is the subject of a discipli-
nary hearing shall not be found guilty of any charge
or subjected to any disciplinary action unless the
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.
‘‘(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
violation—
‘‘(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-
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—
‘‘(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
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—
‘‘(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.
‘‘(B) RESTRICTIONS.—A law enforcement
officer shall not have access to information in
the personnel records of the officer if the
information—
‘‘(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.
‘‘(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 2001, 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
Law Enforcement Discipline, Accountability, and
Due Process Act of 2001, 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.’’.
(b) TECHNICAL AMENDMENT.—The table of contents
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.) is amended by in-
serting after the item relating to section 819 the following:
‘‘Sec. 820. Discipline, accountability, and due process of State and local law en-
forcement officers.’’.
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