I 
110TH CONGRESS 
1ST SESSION 
H. R. 688 
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 
JANUARY 24, 2007 
Mr. RAMSTAD (for himself, Mrs. JO ANN DAVIS of Virginia, Mr. GENE 
GREEN of Texas, Mr. LOBIONDO, Mr. MCCAUL of Texas, Mrs. MYRICK, 
Mr. BRADY of Pennsylvania, Mr. DOYLE, Mr. FATTAH, Mr. MILLER of 
North Carolina, Mr. ORTIZ, and Mr. ROTHMAN) 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. 
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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 2007’’. 
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-
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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— 
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(A) the due process and political rights of 
law enforcement officers; 
(B) fair and thorough internal investiga-
tions and interrogations of and disciplinary pro-
ceedings against law enforcement officers; and 
(C) 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 
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United States Constitution and Congress’ authority 
thereunder. 
SEC. 3. DISCIPLINE, ACCOUNTABILITY, AND DUE PROCESS 
OF OFFICERS. 
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 following: 
‘‘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. 
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‘‘(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 ‘investiga-
tion’— 
‘‘(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; 
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‘‘(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. 
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‘‘(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 
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‘‘(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, 
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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 
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‘‘(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. 
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