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 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. 
‘‘(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 2005, 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 2005, 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: 
‘‘820. Discipline, accountability, and due process of State and local law enforce-
ment 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