[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3440 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3440

 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 HOUSE OF REPRESENTATIVES

                             August 3, 2007

 Ms. Linda T. Sanchez of California (for herself, Mr. Abercrombie, Mr. 
   Berman, Mr. Cardoza, Mr. Doggett, Mr. Filner, Ms. Zoe Lofgren of 
 California, Mrs. Napolitano, Mr. Ortiz, Mr. Pastor, Mr. Poe, and Mr. 
   Wexler) 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 
    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 ``Law Enforcement Officers Procedural 
Bill of Rights Act of 2007''.

SEC. 2. FINDINGS; DECLARATION OF POLICY.

    (a) Findings.--Congress finds that--
            (1) 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 legitimate enforcement of the laws, demoralizing 
        many rank and file officers in communities and States;
            (2) 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 to the public effectively and 
        fairly in relation to local law enforcement and homeland 
        security;
            (3) in light of Congressional authorization of local law 
        enforcement officers to act across State lines for Homeland 
        Security purposes during emergencies, and in connection with 
        mutual aid agreements among the States, there is a need to 
        provide stability and continuity in policing operations and 
        safeguard the rights and protections of law enforcement 
        officers who may be called upon to act beyond their local 
        jurisdictions;
            (4) the lack of labor-management cooperation in 
        disciplinary matters and either the perception or the actuality 
        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 
        which has serious implications and repercussions for officer 
        morale, public safety, and labor-management relations and 
        strife and can affect interstate and intrastate commerce, 
        interfering with the normal flow of commerce;
            (5) there are serious implications for the public safety of 
        the citizens and residents of the United States which threaten 
        the domestic tranquility of the United States because of a lack 
        of statutory protections to ensure--
                    (A) the due process rights of law enforcement 
                officers;
                    (B) fair, thorough, and timely internal 
                investigations and interrogations of and disciplinary 
                proceedings 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 rights of State and local law 
        enforcement officers and ensure 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 RIGHTS OF OFFICERS.

    Part H of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3782 et seq.) is amended by adding at the end the 
following new section:

``SEC. 820. DISCIPLINE, ACCOUNTABILITY, AND DUE PROCESS RIGHTS OF STATE 
              AND LOCAL LAW ENFORCEMENT OFFICERS.

    ``(a) Definitions.--In this section:
            ``(1) Disciplinary action.--The term `disciplinary action' 
        means any adverse personnel action taken against a law 
        enforcement officer in response to a suspected violation of any 
        personnel rule, regulation, policy, procedure, or directive by 
        such officer, and shall include suspension, reduction in pay, 
        rank, or other employment benefit, dismissal, transfer, 
        reassignment, unreasonable denial of secondary employment, 
        denial of promotion, or unpaid leave from employment.
            ``(2) Disciplinary hearing.--The term `disciplinary 
        hearing' means an administrative hearing initiated by a law 
        enforcement agency against a law enforcement officer which may 
        result in disciplinary action.
            ``(3) Investigation.--The term `investigation'--
                    ``(A) means an action taken to determine whether a 
                law enforcement officer violated a rule, regulation, 
                policy, procedure, or directive of a public agency; and
                    ``(B) includes--
                            ``(i) asking questions of any other law 
                        enforcement officer or non-law enforcement 
                        officer (directly related to the actions for 
                        which the officer is being investigated);
                            ``(ii) conducting observations;
                            ``(iii) seizing property;
                            ``(iv) reviewing and evaluating reports, 
                        records, or other documents; and
                            ``(v) examining physical evidence.
            ``(4) Law enforcement officer.--The terms `law enforcement 
        officer' and `officer' have the meaning given the term `law 
        enforcement officer' in section 1204, except that the term does 
        not include a law enforcement officer employed by the United 
        States, or any department, agency, or instrumentality thereof.
            ``(5) Personnel record.--The term `personnel record' means 
        any document or file, whether in written or electronic form and 
        irrespective of location, that has been or may be used in 
        determining the qualifications of a law enforcement officer for 
        employment, evaluation, promotion, transfer, additional 
        compensation, termination, or any disciplinary action.
            ``(6) Public agency and law enforcement agency.--The terms 
        `public agency' and `law enforcement agency' each have the 
        meaning given the term `public agency' in section 1204, except 
        that the terms do not include the United States, or any 
        department, agency, or instrumentality thereof.
            ``(7) Lie detector.--The term `lie detector' means a 
        polygraph, deceptograph, voice stress analyzer, psychological 
        stress evaluator, or any other similar device, whether 
        mechanical or electrical, that is used, or the results of which 
        are used, for the purpose of rendering a diagnostic opinion 
        regarding the honesty or dishonesty of an individual.
    ``(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 non-disciplinary action taken in good faith 
                on the basis of the employment-related performance of 
                law enforcement officers, and those serving in a law 
                enforcement capacity holding an elected or appointed 
                office.
    ``(c) Effective Procedures for Receipt, Review, and Investigation 
of Complaints Against Law Enforcement Officers.--Not later than 1 year 
after the effective date of the Law Enforcement Officers Procedural 
Bill of Rights Act of 2007, each law enforcement agency shall adopt and 
comply with a written complaint procedure that--
            ``(1) authorizes persons from within and outside the law 
        enforcement agency to submit written complaints about a law 
        enforcement officer to--
                    ``(A) the law enforcement agency employing the law 
                enforcement officer; or
                    ``(B) any other law enforcement agency charged with 
                investigating such complaints;
            ``(2) sets forth the procedures for the investigation and 
        disposition of such complaints;
            ``(3) provides for public access to required forms and 
        other information concerning the submission and disposition of 
        written complaints; and
            ``(4) requires notification to the complainant in writing 
        of the final disposition of the complaint and the reasons for 
        such disposition.
    ``(d) Initiation of an Investigation.--
            ``(1) In general.--An investigation based on a complaint 
        from within or outside the law enforcement agency shall 
        commence not later than 15 days after the receipt of the 
        complaint by--
                    ``(A) the law enforcement agency employing the law 
                enforcement officer against whom the complaint has been 
                made; or
                    ``(B) any other law enforcement agency charged with 
                investigating such a complaint.
            ``(2) Interrogations; conditions.--When any law enforcement 
        officer is under investigation and subjected to interrogation 
        by his or her commanding officer, or any other member of the 
        employing law enforcement department, that could lead to 
        disciplinary action, the interrogation shall be conducted under 
        the following conditions:
                    ``(A) The interrogation shall be conducted at a 
                reasonable hour, preferably at a time when the law 
                enforcement officer is on duty, or during the normal 
                waking hours for the law enforcement officer, unless 
                the seriousness of the investigation requires 
                otherwise. If the interrogation does occur during off-
                duty time of the law enforcement officer being 
                interrogated, the law enforcement officer shall be 
                compensated for any such off-duty time in accordance 
                with regular department procedures.
                    ``(B) The law enforcement officer under 
                investigation shall be informed prior to the 
                interrogation of the rank, name, and command of the 
                officer in charge of the interrogation, the 
                interrogating officers, and all other persons to be 
                present during the interrogation. All questions 
                directed to the law enforcement officer under 
                interrogation shall be asked by and through no more 
                than two interrogators at one time. The law enforcement 
                officer under investigation shall be informed of the 
                nature of the investigation no less than 24 hours prior 
                to any interrogation.
                    ``(C) The interrogation session shall be for a 
                reasonable period of time, taking into consideration 
                the gravity and complexity of the issue being 
                investigated. The officer under interrogation shall be 
                allowed to attend to his or her own personal physical 
                necessities.
                    ``(D) The law enforcement officer under 
                interrogation shall not be subjected to offensive 
                language or threatened with disciplinary action, except 
                that an officer refusing to respond to questions or 
                submit to interrogations shall be informed that failure 
                to answer questions directly related to the 
                investigation or interrogation may result in 
                disciplinary action. No promise of reward shall be made 
                as an inducement to answering any question. The 
                employer shall not cause the law enforcement officer 
                under interrogation to be subjected to visits by the 
                press or news media without the express consent of the 
                officer, nor shall the name, home address, or 
                photograph of the officer be given to the press or news 
                media without the officer's express consent.
                    ``(E) No statement made during interrogation by a 
                law enforcement officer under duress, coercion, or 
                threat shall be admissible in any subsequent civil 
                proceeding against that officer.
                    ``(F) The complete interrogation of a law 
                enforcement officer may be electronically recorded. If 
                a recording is made of the interrogation, the law 
                enforcement officer shall have access to review the 
                recording if any further proceedings are contemplated 
                and prior to any further interrogation at a subsequent 
                time. The law enforcement officer shall be entitled, at 
                no expense to the law enforcement officer, to a 
                transcribed copy of any notes made by a stenographer 
                and to any reports or complaints made by investigators 
                or other persons, except those which are deemed by the 
                investigating agency to be confidential. No notes or 
                reports that are deemed confidential may be entered in 
                the officer's personnel file. The law enforcement 
                officer being interrogated shall have the right to 
                bring his or her own recording device and record any 
                and all aspects of the interrogation.
                    ``(G) If prior to or during the interrogation of a 
                law enforcement officer it is deemed that the officer 
                may be charged with a criminal offense, the officer 
                shall be immediately informed of his or her 
                constitutional rights, and shall be entitled to 
                counsel. Disciplinary action based solely on criminal 
                charges shall not be made final until the criminal 
                investigation of such charges has been completed, and 
                all court proceedings are concluded.
                    ``(H) Upon the filing of a formal written statement 
                of charges, or whenever an interrogation focuses on 
                matters that could reasonably result in disciplinary 
                action against any law enforcement officer, that 
                officer, at his or her request, shall have the right to 
                be represented by a representative of his or her choice 
                who may be present at all times during the 
                interrogation. The representative shall not be a person 
                subject to the same investigation. The representative 
                shall not be required to disclose, nor be subject to 
                any disciplinary action for refusing to disclose, any 
                information received from the officer under 
                investigation for non-criminal matters. This 
                subparagraph shall not apply to any interrogation of a 
                law enforcement officer in the normal course of duty, 
                counseling, instruction, or informal verbal 
                admonishment by, or other routine or unplanned contact 
                with, a supervisor or any other law enforcement 
                officer, nor shall this subparagraph apply to an 
                investigation concerned solely and directly with 
                alleged criminal activities.
    ``(e) Sanctions; Disciplinary Action.--
            ``(1) No law enforcement officer shall be loaned or 
        temporarily reassigned to a location or duty assignment if a 
        sworn member of his or her department would not normally be 
        sent to that location or would not normally be given that duty 
        assignment under similar circumstances.
            ``(2) No law enforcement officer shall be subjected to 
        disciplinary action, denied promotion, or threatened with any 
        such treatment, because of the lawful exercise of the rights 
        granted under this section, or the exercise of any rights under 
        any existing administrative grievance procedure.
            ``(3) Nothing in this subsection shall be construed to 
        create a property interest, where one does not exist by rule or 
        law, in the job of Chief of Police or chief administrative 
        officer of a law enforcement department.
            ``(4)(A) Except as provided in this section, no 
        disciplinary action or denial of promotion on grounds other 
        than merit shall be undertaken for any act, omission, or other 
        allegation of misconduct if the investigation of the allegation 
        is not completed within one year after the date on which the 
        law enforcement department was notified of the allegation of 
        the act, omission, or other misconduct.
            ``(B) Subparagraph (A) shall only apply with respect to an 
        investigation in response to an act, omission, or other 
        misconduct that occurred on or after the effective date of this 
        section.
            ``(5) In the event that the law enforcement department 
        determines that disciplinary action may be taken, the 
        department shall notify the law enforcement officer of any 
        proposed disciplinary action within 15 days, except in any of 
        the following circumstances:
                    ``(A) If the act, omission, or other allegation of 
                misconduct is also the subject of a criminal 
                investigation or criminal prosecution, the time during 
                which the criminal investigation or criminal 
                prosecution is pending shall be extended until 30 days 
                after the completion of such investigation or 
                prosecution.
                    ``(B) If the law enforcement officer voluntarily 
                waives the 15 day period in writing, the time period 
                shall be extended for the period of time specified in 
                the written waiver.
                    ``(C) If the investigation is a multi-
                jurisdictional investigation that requires a reasonable 
                extension for coordination of the involved agencies.
                    ``(D) If the law enforcement officer who is being 
                investigated is incapacitated or is otherwise 
                unavailable.
                    ``(E) If the investigation involves an allegation 
                of workers' compensation fraud on the part of the law 
                enforcement officer.
            ``(6) Where a pre-disciplinary response or grievance 
        procedure is required or utilized, the time used to conduct 
        such a pre-disciplinary response or procedure shall not be 
        governed or limited by this section.
            ``(7) If, after investigation and any pre-disciplinary 
        response or procedure, the law enforcement department decides 
        to take disciplinary action, the law enforcement department 
        shall notify the law enforcement officer in writing of its 
        decision. Such notification shall include the date that the 
        disciplinary action will be imposed. Such disciplinary action 
        shall commence within 30 days of the date of the decision by 
        the law enforcement department, except in the case of a law 
        enforcement officer who is unavailable for disciplinary action.
    ``(f) Administrative Appeal.--
            ``(1) A law enforcement officer disciplined under this 
        section shall have the right to make an administrative appeal 
        within 30 days after the imposition of discipline to--
                    ``(A) an independent commission, board, panel, or;
                    ``(B) a hearing officer as mutually agreed to by 
                the law enforcement officer and the law enforcement 
                department.
            ``(2) Any administrative hearing under this section shall 
        follow any applicable evidentiary procedures provided under 
        State law.
            ``(3) Any decision of the commission, board, panel, or 
        hearing officer shall be for just cause.
            ``(4) No disciplinary action or denial of promotion on 
        grounds other than merit shall be undertaken by any law 
        enforcement department against any law enforcement officer who 
        has successfully completed the probationary period that may be 
        required by his or her employing agency without providing the 
        law enforcement officer with an opportunity for administrative 
        appeal.
            ``(5) No chief administrator of a law enforcement 
        department may be removed by a law enforcement department, or 
        appointing authority, without providing the chief 
        administrative officer with written notice of removal, the 
        reason or reasons therefore, and an opportunity for 
        administrative appeal.
    ``(g) Officer Involved Shootings.--A law enforcement officer is 
entitled to all constitutional guarantees afforded to any private 
citizen who is under investigation for an alleged criminal act.
    ``(h) Personnel Files.--
            ``(1) Except for administrative purposes and purposes of 
        departmental evaluation, personnel files of law enforcement 
        officers shall be sealed. Information contained in a law 
        enforcement officer's personnel file shall be considered 
        privileged.
            ``(2)(A) Except as provided in subparagraph (B), no law 
        enforcement officer shall have any comment adverse to his 
        interest entered in his personnel file, or any other file used 
        for any personnel purposes by his employer, without the law 
        enforcement officer having first read and signed the instrument 
        containing the adverse comment, indicating that he or she is 
        aware of such comment.
            ``(B) If a law enforcement officer refuses to read or sign 
        an instrument as described in subparagraph (A), the officer's 
        refusal shall be noted in writing on the instrument, the 
        instrument shall be signed or initialed by another officer who 
        witnessed the law enforcement officer's refusal, and the 
        instrument shall be entered in the appropriate personnel or 
        other file.
            ``(3) A law enforcement officer shall have 30 days within 
        which to file a written response to any adverse comment entered 
        in his personnel file. Such written response shall be attached 
        to, and shall accompany, the adverse comment, and shall be 
        available for the purpose of any review or possible appeal.
            ``(4) Every law enforcement department shall, upon the 
        request of a law enforcement officer, permit the officer to 
        inspect personnel files that are used or have been used to 
        determine the officer's qualifications for employment, 
        evaluation, promotion, additional compensation, or termination 
        or other disciplinary action. Such inspection shall be 
        permitted during usual business hours, with no loss of 
        compensation to the officer.
            ``(5) Each employer shall keep each law enforcement 
        officer's personnel file or a true and correct copy thereof as 
        long as the officer is still an active employee of the 
        employer, and shall make the file or copy thereof available 
        within a twenty-four hour period of time after a request 
        therefore by the officer.
            ``(6) If, after a law enforcement officer has examined his 
        or her personnel file, the officer believes that any portion of 
        the material is mistakenly or unlawfully placed in the file, 
        the officer may request, in writing, that the mistaken or 
        unlawful portion be corrected or deleted. Any request made 
        pursuant to this paragraph shall include a statement by the 
        officer describing the corrections or deletions requested and 
        the reasons supporting those corrections or deletions. A 
        statement submitted pursuant to this paragraph shall become 
        part of the personnel file of the officer.
            ``(7) Within 30 days after receipt of a request under 
        paragraph (6), the employer shall either grant the officer's 
        request or notify the officer of the decision to deny the 
        request. If the employer denies the request, in whole or in 
        part, the employer shall provide to the officer, in writing, 
        the reasons for denying the request, and that written statement 
        shall become part of the personnel file of the officer.
    ``(i) Lie Detectors.--
            ``(1) No law enforcement officer shall be subjected to a 
        lie detector test as part of an investigation conducted under 
        this section.
            ``(2) No disciplinary action or other recrimination shall 
        be taken against a law enforcement officer for refusing to 
        submit to a lie detector test, nor shall any comment regarding 
        an officer's decision to submit to or refuse such a test be 
        entered in the investigator's notes or in any other file or 
        document, nor shall any testimony or evidence regarding such a 
        decision by an officer be admissible at a subsequent hearing, 
        trial, or proceeding, whether judicial or administrative.
    ``(j) Protection of Personal Records and Personal Property.--
            ``(1) No law enforcement officer shall be required as a 
        condition of employment by his or her employing law enforcement 
        department or other public agency to consent to the use of his 
        or her photograph or identity as a law enforcement officer on 
        the Internet for any purpose if that officer reasonably 
        believes that the disclosure may result in threat, harassment, 
        intimidation, or harm to that officer or his or her family.
            ``(2) For purposes of job assignment or other personnel 
        action, no law enforcement officer shall be required or 
        requested to disclose any item of his property, income, assets, 
        source of income, debts, or personal or domestic expenditures 
        (including those of any member of his family or household) 
        unless such information--
                    ``(A) is obtained or required under State law or 
                proper legal procedure;
                    ``(B) tends to indicate a conflict of interest with 
                respect to the performance of the officer's official 
                duties; or
                    ``(C) is necessary for the employing agency to 
                ascertain the desirability of assigning the law 
                enforcement officer to a specialized unit in which 
                there is a strong possibility that bribes or other 
                improper inducements may be offered.
            ``(3) No law enforcement department shall deny or refuse to 
        any law enforcement officer the rights and protections 
        guaranteed to the officer by this section.
    ``(k) Court of Jurisdiction; Judicial Enforcement.--
            ``(1) The appropriate State court in the State in which a 
        law enforcement department is located shall have original 
        jurisdiction over any proceeding brought by any law enforcement 
        officer against any law enforcement department for alleged 
        violations of this section. Nothing in this subsection shall be 
        construed, by reason of a claim arising under this section, to 
        deny to the courts of the United States supplemental 
        jurisdiction over any Federal law claim for which such courts 
        have jurisdiction under section 1367 of title 28, United States 
        Code, or any other provision of law.
            ``(2) In any case where the court finds that a law 
        enforcement department has violated any of the provisions of 
        this section, the court shall render appropriate injunctive or 
        other extraordinary relief to remedy the violation and to 
        prevent future violations of a like or similar nature, 
        including the granting of a temporary restraining order, 
        preliminary, or permanent injunction prohibiting the law 
        enforcement department from taking any disciplinary action 
        against the law enforcement officer, attorney fees, and any 
        other remedies deemed appropriate by the court.
            ``(3) If the court finds that a bad faith or frivolous 
        denial of rights, or a malicious filing for an improper 
        purpose, has been brought pursuant to this section, the court 
        may order sanctions against the offending party, the party's 
        attorney, or both. Such sanctions may include reasonable 
        expenses incurred by the opposing party (including attorney's 
        fees), as the court deems appropriate. Nothing in this 
        paragraph is intended to subject actions or filings under this 
        section to rules or standards that are different from those 
        applicable to other civil actions or filings. Any law 
        enforcement department which has adopted, through the action of 
        its governing body or its official designee, any procedure 
        which provides to law enforcement officers, at a minimum, the 
        same rights and protections as provided pursuant to this 
        section shall not be subject to this section with regard to 
        such a procedure.
            ``(4) Nothing in this section shall in any way be construed 
        to limit the use of any public safety agency or any law 
        enforcement officer in the fulfilling of mutual aid agreements 
        with other jurisdictions or agencies, nor shall this section be 
        construed in any way to limit any jurisdictional or interagency 
        cooperation under any circumstances where such activity is 
        deemed necessary or desirable by the jurisdictions or the 
        agencies involved.
    ``(l) On Scene Investigations.--During an on-scene investigation of 
an officer-involved shooting incident, the officer who was involved in 
the shooting and used deadly force is entitled to attorney 
representation of the officer's choice (within reason) prior to and 
during interviews by investigators. An attorney representing the 
officer involved in an officer-involved shooting incident should have 
the right, within reason, to counsel the officer at the scene prior to 
an interview by an investigator.
    ``(m) Law Enforcement Agencies Right To Protect Crime Scenes.--
            ``(1) Every law enforcement agency is entitled to protect 
        the integrity of their crime scene investigation.
            ``(2) A law enforcement agency has the right, when a law 
        enforcement officer's attorney is present, to prohibit the 
        officer and attorney from entering the actual crime scene so 
        that evidence is not disturbed.
    ``(n) States' Rights.--Nothing in this section may be construed--
            ``(1) 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 Law Enforcement Officers Procedural Bill of Rights Act of 
        2007, that confers a right or a protection that is 
        substantially similar to a right or protection afforded by this 
        section; or
            ``(2) to prohibit the enactment of any State or local law 
        that confers a right or protection that is substantially 
        similar to a right or protection afforded by this section.
    ``(o) Collective Bargaining Agreements.--Nothing in this section 
shall be construed to--
            ``(1) preempt any provision in a mutually agreed-upon 
        collective bargaining agreement, in effect on the date of 
        enactment of the Law Enforcement Officers Procedural Bill of 
        Rights Act of 2007, that provides for substantially the same or 
        a greater right or protection than a right or protection 
        afforded 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.
    ``(p) Prohibition of Federal Control Over State and Local Criminal 
Justice Agencies.--Nothing in this section shall be construed to 
authorize any department, agency, officer, or employee of the United 
States to exercise any direction, supervision, or control of any law 
enforcement department or any criminal justice agency of any State or 
any political subdivision thereof.''.
                                 <all>