[Congressional Record Volume 147, Number 30 (Thursday, March 8, 2001)]
[Senate]
[Pages S2074-S2075]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. EDWARDS:
  S. 490. A bill to provide grants to law enforcement agencies that 
ensure that law enforcement officers employed by such agencies are 
afforded due process when involved in a case that may lead to 
dismissal, demotion, suspension, or transfer; to the Committee on the 
Judiciary.

[[Page S2075]]

  Mr. EDWARDS. Mr. President, I rise today to introduce the Law 
Enforcement Officers Due Process Act of 2001. Every day our nation's 
police officers put their lives on the line in the fight against crime. 
Every time they patrol a beat they put their own safety at risk to 
protect our children and make our country a better place to live and 
work. We all owe a great deal to these brave men and women.
  Working police officers spend their lives among the public 
safeguarding the innocent and apprehending those who have committed 
crimes. Much of this contact can be stressful for everyone involved. 
Perhaps an individual has been stopped by an officer for the suspected 
violation of a law. Or maybe the officer is assisting someone who is 
the victim of a crime. Due to the circumstances, these are often 
unpleasant situations. And unfortunately, in some instances, contact 
with the police officer may become adversarial and generate complaints 
about the officer's actions.
  These complaints range from accusations that an officer took too long 
to arrive at a crime scene, used too much force, or was not forceful 
enough, to claims that the officer was rude or didn't show proper 
respect. Some complaints against officers are legitimate. However, some 
complaints are generated to intimidate an officer who is simply doing 
his or her job, into dropping charges. Any one of these complaints can 
get an officer fired, suspended, or otherwise punished without the 
benefit of due process.
  A patchwork of state and local laws currently governs the rights of 
officers when they are involved in a case that may lead to dismissal, 
demotion, suspension or transfer. Thirty-five states have state and/or 
local laws in place that govern the administrative due process rights 
of law enforcement officers. However, 15 states do not have any of 
these much-deserved due process protections for their law enforcement 
officers.
  The Law Enforcement Officers Due Process Act is a common-sense 
measure designed to replace arbitrary and ad hoc investigatory 
procedures with consistent standards. The legislation will provide 
additional funding to law enforcement agencies that either have in 
place, or currently do not have but certify they will implement, 
administrative due process for their law enforcement officers. An 
agency will be eligible for grant money if its administrative 
procedures include the right of a law enforcement officer under 
investigation to: (1) a hearing before a fair and impartial board or 
hearing officer; (2) be represented by an attorney or other officer at 
the expense of the officer under investigation; (3) confront any 
witness testifying against him or her; and (4) record all meetings he 
or she attends. In many instances, an employer with direct control over 
an officer is also the investigator. That is why providing basic, 
explicitly stated rights to officers under investigation is crucial to 
maintaining impartial investigations. These rights will not interfere 
with the management of state and local internal investigations. They 
will merely ensure that officers receive the benefit of fair and 
objective investigations, whether a complaint against them is 
legitimate or not.
  Some individuals may be concerned that providing these rights would 
delay removal of an officer who is ultimately found to have deserved 
disciplinary action taken against them. However, I'd like to emphasize 
that my legislation would not prevent the immediate suspension of an 
officer whose continued presence on the job is considered to be a 
substantial and immediate threat to the welfare of the law enforcement 
agency or the public; who refuses to obey a direct order issued in 
conformance with the agency's rules and regulations; or who is accused 
of committing an illegal act.
  The Law Enforcement Officers Due Process Act does not force a law 
enforcement agency to implement due process rights for its officers. 
Rather, it encourages agencies to do the right thing by offering them 
additional funds if they establish written procedures for determining 
if a complaint is valid or merely designed to cause trouble for the 
officer.
  I urge my colleagues who represent states that do not have law 
enforcement officers' due process rights laws to cosponsor my bill and 
give their police officers the protections they deserve. I also urge my 
colleagues who represent states that have various local laws in place 
to cosponsor my bill. By doing so they will help eliminate the 
disparity that exists among local jurisdictions, and guarantee that 
every single officer in their state will have a minimum baseline of 
rights to help guarantee fair and impartial investigations.
  Crime rates are down across the nation. We owe a tremendous debt of 
gratitude to our nation's police officers for helping make this happen. 
Our communities, our schools, and our places of business would not 
enjoy the level of security they have today without the efforts of law 
enforcement. Enacting the Law Enforcement Officers Due Process Act is 
the least we can do to show officers that we will fight for all of them 
just like they fight for all of us every day.
  I ask unanimous consent that the text of the bill be printed in the 
Record following my remarks.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 490

       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 Due 
     Process Act of 2001''.

     SEC. 2. PROTECTION FOR LAW ENFORCEMENT OFFICERS.

       (a) Program Authorized.--The Attorney General is authorized 
     to provide grants to law enforcement agencies that are 
     eligible under subsection (b).
       (b) Eligibility.--To be eligible to receive a grant under 
     this section, a law enforcement agency shall--
       (1) have in effect an administrative process that complies 
     with the requirements of subsection (c); or
       (2) certify that it will establish, not later than 2 years 
     after the date of enactment of this Act, an administrative 
     process that complies with the requirements of subsection 
     (c).
       (c) Officer Rights.--The administrative process referred to 
     in subsection (b) shall require that a law enforcement agency 
     that investigates a law enforcement officer for matters which 
     could reasonably lead to disciplinary action against such 
     officer, including dismissal, demotion, suspension, or 
     transfer provide recourse for the officer that, at a minimum, 
     includes the following:
       (1) Access to administrative process.--The agency has 
     written procedures to ensure that any law enforcement officer 
     is afforded access to any existing administrative process 
     established by the employing agency prior to the imposition 
     of any such disciplinary action against the officer.
       (2) Specific procedures.--The procedures used under 
     paragraph (1) include, the right of a law enforcement officer 
     under investigation--
       (A) to a hearing before a fair and impartial board or 
     hearing officer;
       (B) to be represented by an attorney or other officer at 
     the expense of such officer;
       (C) to confront any witness testifying against such 
     officer; and
       (D) to record all meetings in which such officer attends.
       (d) Immediate Suspension.--Nothing in this section shall 
     prevent the immediate suspension with pay of a law 
     enforcement officer--
       (1) whose continued presence on the job is considered to be 
     a substantial and immediate threat to the welfare of the law 
     enforcement agency or the public;
       (2) who refuses to obey a direct order issued in 
     conformance with the agency's written and disseminated rules 
     and regulations; or
       (3) who is accused of committing an illegal act.
       (e) Distribution of Funds.--From the amount made available 
     to carry out this section, the Attorney General shall 
     allocate--
       (1) 50 percent for law enforcement agencies that are 
     eligible under paragraph (1) of subsection (b); and
       (2) 50 percent for law enforcement agencies that are 
     eligible under paragraph (2) of subsection (b).
       (f) Regulations.--The Attorney General may prescribe such 
     regulations as may be necessary to carry out this section.
       (g) Definitions.--For purposes of this section--
       (1) the term ``law enforcement agency'' means any State or 
     unit of local government within the State that employs law 
     enforcement officers; and
       (2) the term ``law enforcement officer'' means an officer 
     with the powers of arrest as defined by the laws of each 
     State and required to be certified under the laws of such 
     State.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $10,000,000 for 
     fiscal year 2002 and such sums as may be necessary for each 
     of the 4 succeeding fiscal years.
                                 ______