I
106TH CONGRESS
2D SESSION
H. R. 3896
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
MARCH 9, 2000
Mr. RAMSTAD (for himself, Mr. DAVIS of Virginia, Mr. EHRLICH, Mr. MORAN
of Virginia, Mr. ROTHMAN, Ms. SANCHEZ, Mr. SHERMAN, Mr. STRICK-
LAND, and Mr. TERRY) 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 2000’’.
SEC. 2. FINDINGS AND DECLARATION OF PURPOSE AND
POLICY.
(a) FINDINGS.—Congress finds the following:
(1) The rights of law enforcement officers to
engage in political activity or to refrain from engag-
ing in such 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, as
applied to the States through the 14th amendment.
Unfortunately, these rights are often violated by the
management of State and local law enforcement
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. In addition, unfair treatment of officers
has potentially serious long-term consequences for
law enforcement by potentially deterring or other-
wise preventing officers from carrying out their du-
ties and responsibilities effectively and fairly. Also,
the lack of labor-management cooperation in discipli-
nary matters and either the perception or the actu-
ality (or both) that officers are not treated fairly
detrimentally impacts the recruitment of and reten-
tion of effective officers, as potential officers and ex-
perienced officers seek other careers. This has seri-
ous implications and repercussions for officer mo-
rale, public safety, and labor-management relations
and strife and can therefore affect interstate and
intrastate commerce, interfering with the normal
flow of commerce.
(3)(A) A lack of statutory protections 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;
has serious implications for the public safety of the
citizens and residents of the United States and thus
threatens the domestic tranquility of the United
States.
(B) Resolving such 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—
(1) to protect the due process and political
rights of State and local law enforcement officers
and to ensure equality and fairness of treatment
among such officers;
(2) to provide continued police protection to the
general public;
(3) to provide for the general welfare and en-
sure domestic tranquility; and
(4) to prevent any impediments to the free flow
of commerce, pursuant to the rights guaranteed
‘‘(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 reduction in pay or bene-
fits when the law enforcement agency, or an official
within that agency, determines that there is probable
cause, based upon the conduct of the law enforce-
ment officer, to believe that the law enforcement of-
ficer poses an immediate threat to the safety of the
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 has engaged
in, is engaging in, or will engage in, a violation
of law—
‘‘(i) 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, irrespective of a de-
nial by such an agency that any such ac-
tion is not an investigation; and
‘‘(B) includes—
‘‘(i) asking questions of any other law
enforcement officer or non-law enforcement
officer;
‘‘(ii) conducting observations by what-
ever means;
‘‘(iii) reviewing and evaluating re-
ports, records, or other documents; and
‘‘(iv) examining physical evidence.
‘‘(5) LAW.—The term ‘law’ means any statute,
ordinance, rule, regulation, procedure, policy, court
order, or written order.
‘‘(6) LAW ENFORCEMENT OFFICER.—The term
‘law enforcement officer’ has the same meaning
given that term in section 1204, except the term
does not include a law enforcement officer employed
by the United States, or any department, agency, or
instrumentality thereof.
‘‘(7) PERSONNEL
RECORDS.—The term ‘per-
sonnel records’ means any document, whether in
written or electronic form and irrespective of loca-
tion, that has been or may be used in determining
a law enforcement officer’s qualifications for employ-
ment, promotion, transfer, additional compensation,
termination or other any disciplinary action.
‘‘(8) PUBLIC AGENCY AND LAW ENFORCEMENT
AGENCY.—The terms ‘public agency’ and ‘law en-
forcement agency’ each have the same meaning
given the term ‘public agency’ in section 1204, ex-
cept the terms do not include the United States, or
any department, agency, or instrumentality thereof.
‘‘(9) 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 officer’s rights under subsection (i) and any
other applicable law or constitutional provision,
after consultation with the officer’s counsel or
representative.
‘‘(10) VIOLATION OF LAW.—The term ‘violation
of law’ means a violation of a law.
‘‘(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 definite violation of
a statute providing for criminal penalties; or
‘‘(B) a nondisciplinary action taken in
good faith on the basis of a law enforcement of-
ficer’s employment-related performance.
‘‘(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 such 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 any elective
office, solely because of the law enforcement of-
ficer’s status 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 conflict with or in-
compatible 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 thereafter com-
ply 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 the
law enforcement agency employing the law en-
forcement officer, or to any other law enforce-
ment agency charged with investigating such
complaints;
‘‘(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 at
issue determines from the face of the com-