Text: S.2256 — 106th Congress (1999-2000)All Information (Except Text)

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Introduced in Senate (03/21/2000)

 
[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[S. 2256 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2256

 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 
    investigations, interrogation of law enforcement officers, and 
 administrative 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 SENATE OF THE UNITED STATES

                             March 21, 2000

  Mr. Biden (for himself and Mr. McConnell) introduced the following 
    bill; which was read twice and 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 
    investigations, interrogation of law enforcement officers, and 
 administrative 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.

    Be it enacted by the Senate and House of Representatives 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 engaging 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 investigations and 
        disciplinary proceedings has resulted in a loss of confidence 
        in these processes by many law enforcement officers, including 
        those unfairly targeted for their labor organization activities 
        or for their aggressive enforcement of the laws, demoralizing 
        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 otherwise preventing officers from carrying out 
        their duties and responsibilities effectively and fairly. Also, 
        the lack of labor-management cooperation in disciplinary 
        matters and either the perception or the actuality (or both) 
        that officers are not treated fairly detrimentally impacts the 
        recruitment of and retention of effective officers, as 
        potential officers and experienced officers seek other careers. 
        This has serious implications and repercussions for officer 
        morale, 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 investigations and 
                interrogations of and disciplinary proceedings 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 ensure domestic 
        tranquility; and
            (4) to prevent any impediments to the free flow of 
        commerce, pursuant to the rights guaranteed under the 
        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 PROCESS OF STATE AND 
              LOCAL LAW ENFORCEMENT OFFICERS.

    ``(a) Definitions.--In this section:
            ``(1) Disciplinary action.--The term `disciplinary action' 
        means any adverse personnel action, including suspension, 
        reduction in pay, rank, or other employment benefit, dismissal, 
        transfer, reassignment, unreasonable denial of secondary 
        employment, or similar punitive action taken against a law 
        enforcement officer.
            ``(2) Disciplinary hearing.--The term `disciplinary 
        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 enforcement officer to disciplinary action.
            ``(3) Emergency suspension.--The term `emergency 
        suspension' means the temporary action by a law enforcement 
        agency of relieving a law enforcement officer from the active 
        performance of law enforcement duties without reduction in pay 
        or benefits when the law enforcement agency, or an official 
        within that agency, determines that there is probable cause, 
        based upon the conduct of the law enforcement officer, to 
        believe that the law enforcement officer 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 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 by whatever 
                        means;
                            ``(iii) reviewing and evaluating reports, 
                        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 `personnel records' 
        means any document, whether in written or electronic form and 
        irrespective of location, that has been or may be used in 
        determining a law enforcement officer's qualifications for 
        employment, promotion, transfer, additional compensation, 
        termination or other any disciplinary action.
            ``(8) Public agency and law enforcement agency.--The terms 
        `public agency' and `law enforcement agency' each have the same 
        meaning given the term `public agency' in section 1204, except 
        the terms do not include the United States, or any department, 
        agency, or instrumentality thereof.
            ``(9) Summary punishment.--The term `summary 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 enforcement 
                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 officer's employment-
                related performance.
    ``(c) Political Activity.--
            ``(1) Right to engage or not to engage in political 
        activity.--Except when on duty or acting in an official 
        capacity, a law enforcement officer shall not be prohibited 
        from engaging in political activity 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 such an elective 
                office, solely because of the law enforcement officer'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 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 within the meaning of subsection (a)(1).
    ``(d) Effective Procedures for Receipt, Review, 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 comply with a written complaint 
        procedure that--
                    ``(A) authorizes persons from outside the law 
                enforcement agency to submit written complaints about a 
                law enforcement officer to the law enforcement agency 
                employing the law enforcement officer, or to any other 
                law enforcement agency charged with investigating such 
                complaints;
                    ``(B) sets forth the procedures for the 
                investigation and disposition of such complaints;
                    ``(C) provides for public access to required forms 
                and other information concerning the submission and 
                disposition of written complaints; and
                    ``(D) requires notification to the complainant 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 employing 
                        the law enforcement officer against whom the 
                        complaint has been made; or
                            ``(ii) any other law enforcement agency 
                        charged with investigating such a complaint.
                    ``(B) Exception.--Subparagraph (A) does not apply 
                if--
                            ``(i) the law enforcement agency at issue 
                        determines from the face of the complaint that 
                        the allegation or allegations, even if true, 
                        would not constitute a violation of law; or
                            ``(ii) the complainant fails to comply 
                        substantially with the law enforcement agency's 
                        complaint procedure established under this 
                        section.
            ``(3) Complainant or victim conflict of interest.--The 
        complainant or victim of the alleged 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.--Any law enforcement officer who is 
the subject of an investigation shall be notified of the investigation 
24 hours prior to the commencement of questioning or to otherwise being 
required to provide information to an investigating agency. Such notice 
shall include--
            ``(1) the nature and scope of the investigation;
            ``(2) a description of any allegation contained in a 
        written complaint;
            ``(3) a description of each violation of law alleged in the 
        complaint for which suspicion exists that the officer may have 
        engaged in conduct that may subject the officer to disciplinary 
        action; and
            ``(4) the name, rank, and command of the officer or any 
        other individual who will be conducting 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 result 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 representation by any other 
                person of the officer's choice, such as an employee 
                representative, or both, immediately prior to 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 officer shall be afforded 
                the opportunity to consult privately with counsel or 
                representative, if such consultation does not 
                repeatedly and unnecessarily disrupt the questioning 
                period.
                    ``(C) Unavailability of counsel.--If the law 
                enforcement officer's counsel or representative is not 
                available within 24 hours of the time set for the 
                commencement of any questioning of the officer, the 
                investigating law enforcement agency shall grant a 
                reasonable extension of time for the law enforcement 
                officer to obtain counsel or representation.
            ``(2) Reasonable hours and time.--Any questioning of a law 
        enforcement officer under investigation shall be conducted at a 
        reasonable time when the officer is on duty, unless exigent 
        circumstances compel more immediate questioning or the officer 
        agrees in writing to being questioned at a different time, 
        subject to the requirements of subsections (e) and (f)(1).
            ``(3) Place of questioning.--Unless the officer consents in 
        writing to being questioned elsewhere, any questioning of a law 
        enforcement officer under investigation shall take place--
                    ``(A) at the office of the individual or 
                individuals conducting the investigation on behalf of 
                the law enforcement agency employing the officer under 
                investigation; or
                    ``(B) the place at which the officer under 
                investigation reports for duty.
            ``(4) Identification of questioner.--Prior to the 
        commencement of any questioning, a law enforcement officer 
        under investigation shall be informed of--
                    ``(A) the name, rank, and command of the officer or 
                other individual who will conduct the questioning; and
                    ``(B) the relationship between the individual 
                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 questioning of a law 
        enforcement officer under investigation shall be for a 
        reasonable period of time and shall allow reasonable periods 
        for the rest and personal necessities of the officer and the 
        officer's counsel or representative, 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 statement, 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, including termination, only if--
                            ``(i) the officer has received a written 
                        grant of use and derivative use immunity or 
                        transactional immunity by a person authorized 
                        to grant such immunity; and
                            ``(ii) the statement given by the law 
                        enforcement officer under such an immunity may 
                        not be used in any subsequent criminal 
                        proceeding against that officer.
            ``(8) Recording.--All questioning of a law enforcement 
        officer under an investigation shall be recorded in full, in 
        writing or by electronic device, and a copy of a transcript 
        thereof shall be provided to the officer under investigation 
        prior to any subsequent period of questioning or the filing of 
        any charge against the officer who is the subject of the 
        investigation. To ensure the accuracy of the recording, an 
        officer may utilize a separate electronic recording device, and 
        a copy of any such recording (or a transcript thereof) shall be 
        provided to the public agency conducting the questioning, if it 
        so requests.
            ``(9) Use of honesty testing devices prohibited.--No law 
        enforcement officer under investigation may be compelled to 
        submit to the use of a lie detector, as defined in section 2 of 
        the Employee Polygraph Protection Act of 1988 (29 U.S.C. 2001).
    ``(g) Notice of Investigative Findings and Disciplinary 
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 that person's designee shall notify the 
        law enforcement officer who was the subject of the 
        investigation in writing of the investigative findings and any 
        recommendations for disciplinary action.
            ``(2) Opportunity to submit written response.--Not later 
        than 30 days after receipt of a notification under paragraph 
        (1) and prior to the filing of any charge seeking the 
        discipline of such officer or the commencement of any 
        disciplinary proceeding under subsection (h), the law 
        enforcement officer who was the subject of the investigation 
        may submit a written response to the findings and 
        recommendations included the notification. Such response may 
        also include references to additional documents, physical 
        objects, witnesses, or any other information that the law 
        enforcement officer believes may provide exculpatory evidence.
    ``(h) Disciplinary Hearing.--
            ``(1) Notice of opportunity for hearing.--Except in a case 
        of summary punishment or emergency suspension (subject to 
        subsection (k)), prior to 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 independent and impartial hearing officer or 
        board determines, after a hearing and in accordance with the 
        requirements set forth in this subsection, that the enforcement 
        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 has 
                        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 officer's counsel or 
                representative.
            ``(4) Notice of hearing.--Unless waived in writing by the 
        officer or the officer's counsel or representative, not later 
        than 30 days after the filing of a disciplinary charge against 
        a law enforcement 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 
                law enforcement officer's counsel or representative, 
                and which shall take place not earlier than 30 days and 
                not later than 60 days after notification of hearing to 
                the law enforcement officer under investigation;
                    ``(B) the name and mailing address of the 
                independent and impartial hearing officer or the names 
                and mailing addresses of the independent and impartial 
                hearing board members; and
                    ``(C) the name, rank, command, and address 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 not a law enforcement officer.
            ``(5) Access to documentary evidence and investigative 
        file.--Unless waived in writing by the law enforcement officer 
        or the officer's counsel or representative, not later than 15 
        days prior to 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 
                        disciplinary action; or
                            ``(iii) are to be introduced in the 
                        disciplinary hearing.
            ``(6) Examination of physical evidence.--Unless waived in 
        writing by the law enforcement officer or the officer's counsel 
        or representative--
                    ``(A) not later than 15 days prior to a 
                disciplinary hearing, the prosecuting agency shall 
                notify the law enforcement officer or the officer's 
                counsel or representative of all physical, non-
                documentary evidence; and
                    ``(B) not later than 10 days prior to a 
                disciplinary hearing, the prosecuting agency shall 
                provide reasonable a date, time, place, and manner for 
                the law enforcement officer or the law enforcement 
                officer's counsel or representative to examine the 
                evidence described in subparagraph (A).
            ``(7) Identification of witnesses.--Unless waived in 
        writing by the law enforcement officer or the officer's counsel 
        or representative, not later than 15 days prior to a 
        disciplinary hearing, the prosecuting agency shall notify the 
        law enforcement officer or the officer's counsel or 
        representative, 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 subject 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 witnesses on 
                the officer's behalf.
            ``(9) Hearing board and procedure.--
                    ``(A) In general.--A State or local government 
                agency, other than the law enforcement agency employing 
                the officer who is subject of the disciplinary hearing, 
                shall--
                            ``(i) determine the composition of an 
                        independent and impartial disciplinary hearing 
                        board;
                            ``(ii) appoint an independent and impartial 
                        hearing officer; and
                            ``(iii) establish such procedures as may be 
                        necessary to comply with this section.
                    ``(B) Peer representation on disciplinary hearing 
                board.--A disciplinary hearing board that includes 
                employees of the law enforcement agency employing the 
                law enforcement 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 hearing 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 
                                subject 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 be subject to 
                        contempt of a court proceedings according to 
                        the laws of the jurisdiction within which the 
                        disciplinary hearing is being conducted, and 
                        shall 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 hearing shall be 
        closed to the public unless the law enforcement 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 disciplinary 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 affirmation to each witness, who 
        shall testify subject to the laws of perjury of the State in 
        which the disciplinary hearing is being conducted.
            ``(15) Verdict 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 verdict on each charge.
                    ``(B) Verdict 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 
        prosecuting agency's burden of persuasion or standard of proof 
        shall be by clear and convincing evidence as to each charge 
        alleging false statement or representation, fraud, dishonesty, 
        deceit, moral turpitude, or criminal behavior on the part of 
        the law enforcement officer who is the subject of the charge 
        and by a preponderance of the evidence as to all other charge.
            ``(17) Factors of `just cause' to be considered by the 
        hearing officer or board.--No law enforcement officer who is 
        the subject of a disciplinary hearing shall 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 procedure 
                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 reasonably 
                relates to the seriousness of the alleged violation and 
                to the record of service of the officer who is the 
                subject of the charge.
            ``(18) Finding of not guilty.--If the officer who is the 
        subject of the disciplinary hearing is found not guilty of the 
        alleged violation--
                    ``(A) the matter is concluded;
                    ``(B) no disciplinary action may be taken against 
                the officer;
                    ``(C) the officer's personnel file 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 officer, including salary or 
                regular pay, vacation, holidays, longevity pay, 
                education incentive pay, shift differential, uniform 
                allowance, lost overtime, or other premium pay 
                opportunities, and lost promotional opportunities.
            ``(19) Finding of guilty.--If the officer who is the 
        subject of the charge is found guilty, the hearing officer or 
        board shall make a written recommendation of a penalty to the 
        law enforcement agency employing the officer or any other 
        governmental entity that has final disciplinary authority, as 
        provided by applicable State or local law. 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 guilty of a 
        charge 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 collective bargaining agreement.
    ``(i) Waiver of Rights.--An officer who is notified that he or she 
is under investigation or is the subject of a charge may, after such 
notification, waive any right or procedure guaranteed by this section, 
which waiver shall be--
            ``(1) in writing; and
            ``(2) signed by--
                    ``(A) the officer, who shall have consulted with 
                counsel or a representative prior to signing any such 
                waiver; or
                    ``(B) the officer's counsel or representative, if 
                expressly authorized by subsection (h).
    ``(j) Summary Punishment.--Nothing in this section shall preclude a 
public agency from imposing summary 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 section.
    ``(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, regulation, procedure, written policy, collective bargaining 
agreement, or other 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 by any administrative rule or regulation 
promulgated pursuant thereto, may file suit in any Federal or State 
court of competent jurisdiction for declaratory or injunctive relief 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 
                pertaining to the officer, no law enforcement agency or 
                other governmental entity 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 personnel 
                        record within the law enforcement agency or 
                        elsewhere in the control of the employing 
                        governmental entity.
                    ``(B) Responsive material.--Any responsive material 
                provided by an officer to adverse 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 pursuant 
                        to law and at the same time as the adverse 
                        material is released.
            ``(2) Right to inspection of, and restrictions on access to 
        information in, the officer's own personnel records.--
                    ``(A) In general.--Subject to subparagraph (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 is--
                            ``(i) records relating to the investigation 
                        of alleged conduct that, if proven, would 
                        constitute or have constituted a definite 
                        violation of a statute providing for criminal 
                        penalties, but as to which no formal charge was 
                        brought;
                            ``(ii) letters of reference for the 
                        officer;
                            ``(iii) any portion of a test document 
                        other than the results;
                            ``(iv) information of a personal nature 
                        about another officer if disclosure of that 
                        information in non-redacted form would 
                        constitute a clearly unwarranted intrusion into 
                        the privacy rights of that other officer; or
                            ``(v) records relevant to any pending claim 
                        brought by or on behalf of the officer against 
                        the officer's employing agency that may be 
                        discovered in any judicial or administrative 
                        proceeding between the officer and the 
                        officer's employer.
    ``(p) States' Rights.--
            ``(1) In general.--Nothing in this section may be 
        construed--
                    ``(A) to preempt any State or local law, or any 
                provision therein, in effect on the date of enactment 
                of the State and Local Law Enforcement Discipline, 
                Accountability, and Due Process Act of 1999, 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 protection 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 therein, that confers fewer rights or provides 
        less protection for law enforcement officers 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 effect on the date of 
        enactment of the State and Local Law Enforcement Discipline, 
        Accountability, and Due Process Act of 1999, that provides for 
        substantially the same or a greater right or protection 
        afforded under this section; or
            ``(2) prohibit the negotiation of any additional right or 
        protection for officers who are 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 amendment 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 session of the 
        State that begins on or after the date of enactment of this 
        Act.
                                 <all>

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