,,ii #aaith ,,congress #b;d ,session ,s4 #ecgf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #g1 #bjbf,mr4 ,booker 7for himself and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish minimum hiring1 training1 and suitability standards for ,federal law enforcement officers1 to prohibit accelerated or abbreviated basic training and provisional appointments1 to provide for enforcement and oversight1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,federal ,integrity1 ,training and ,national ,eligibility for ,service ,standards ,act or the ,,fitness ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,definitions4,sec4 #d4 ,minimum eligibility standards for ,federal law enforcement officers4,sec4 #e4 ,technical skills and academic requirements for ,federal law enforcement officers4,sec4 #f4 ,ineligibility based on certain prior conduct4,sec4 #g4 ,ineligibility based on discriminatory conduct4,sec4 #h4 ,documentation and reporting requirements4,sec4 #i4 ,officer relief2 ,state attorney general enforcement4,sec4 #aj4 ,recently hired officers4,sec4 #aa4 ,hiring freeze4,sec4 #ab4 ,agency accreditation4,sec4 #ac4 ,enforcement2 penalties2 oversight4,sec4 #ad4 ,rules of construction4,sec4 #ae4 ,no additional funds4,sec4 #af4 ,severability4,sec4 #ag4 ,effective date4 #b4 ,findings ,congress finds the following3 7#a7 ,federal law enforcement officers exercise extraordinary governmental authority1 including the authority to use force1 and must be trained to the highest professional and constitutional standards4 7#b7 ,the legitimacy of ,federal law enforcement depends on public trust1 which is sustained only when ,federal law enforcement officers demonstrate fidelity to the ,constitution and the rule of law4 7#c7 ,conduct by a ,federal law enforcement officer that violates constitutional guarantees1 reflects bias or dishonesty1 or would cause a reasonable person to doubt the officer's fitness for duty undermines the integrity of the ,federal law enforcement agency and the ,federal ,government as a whole4 7#d7 ,the preservation of human life is the paramount objective of law enforcement operations and must guide instruction1 tactics1 and decision-making4 7#e7 ,use of force by ,federal law enforcement officers must be objectively reasonable1 necessary1 and proportional to the threat presented4 7#f7 ,federal law enforcement officers who use excessive force pose a danger to the safety of the public and other officers and must be held accountable and removed from service4 7#g7 ,congress has a compelling interest in ensuring that ,federal law enforcement academic and skills training reflects best practices in modern policing1 constitutional standards1 and the protection of life4 7#h7 ,the ,federal ,government has a fundamental obligation to protect the people of the ,united ,states while faithfully enforcing the ,constitution of the ,united ,states1 and that obligation includes ensuring that ,federal law enforcement officers are adequately trained before being entrusted with enforcement and use-of-force authority4 7#i7 ,attenuated hiring practices that prioritize expediency over preparation increase the risk that officers will be deployed without sufficient instruction in constitutional standards1 use-of-force principles1 and decision-making under stress and increase the likelihood of constitutional violations or harm to civilians or officers4 7#aj7 ,the ,federal ,government's responsibility to enforce the law does not diminish during periods of heightened operational demand1 and constitutional compliance may not be sacrificed for expediency4 7#aa7 ,failures in eligibility and training standards represent an institutional breakdown that compromises public safety and violates the ,federal ,government's duty to enforce the law in a manner consistent with the ,constitution4 7#ab7 ,exclusion of an individual from employment as a ,federal law enforcement officer based on a demonstrated lack of fitness or breach of trust is rationally related to protecting the public1 fellow ,federal law enforcement officers1 and constitutional governance4 #c4 ,definitions ,in this ,act3 7#a7 ,federal law enforcement agency ,the term ,federal law enforcement agency means any ,executive agency 7as defined in section #aje of title #e1 ,united ,states ,code7 authorized by law to engage in the prevention1 detection1 investigation1 or prosecution of any violation of criminal law or immigration law4 7#b7 ,federal law enforcement officer ,the term ,federal law enforcement officer means any officer1 agent1 or employee of the ,united ,states authorized by law or by a ,government agency to engage in or supervise the prevention1 detection1 investigation1 or prosecution of any violation of ,federal civil or criminal law4 7#c7 ,,fleta ,the term ,,fleta means the ,federal ,law ,enforcement ,training ,accreditation ,board1 or any successor accreditation authority recognized by the ,federal ,government4 7#d7 ,,fletc ,the term ,,fletc means the ,federal ,law ,enforcement ,training ,centers4 7#e7 ,law ,enforcement ,instructor ,training ,program ,the term ,law ,enforcement ,instructor ,training ,program means the #aj-;day ,,fletc program consisting of #gf hours of instruction1 as accredited by ,,fleta in ,may #bjbe1 that provides training in law enforcement instructional skills focused on delivery of an approved curriculum4 7#f7 ,senior ,executive ,service ,the term ,senior ,executive ,service has the meaning given the term in section #baja;a of title #e1 ,united ,states ,code4 7#g7 ,student ,honor ,code ,the term ,student ,honor ,code means the policies related to personal conduct1 integrity1 dishonesty1 and social responsibility as outlined in ,,fletc ,directive #fg-ce4;,c1 ,student ,misconduct4 7#h7 ,uniformed ,police ,training ,program ,the term ,uniformed ,police ,training ,program means the basic #fd-;instructional-day training program consisting of #ebg total course hours1 as accredited by ,,fleta in ,may #bjbe1 that is designed to provide entry-level ,federal law enforcement officers with foundational knowledge1 skills1 and abilities necessary to perform law enforcement duties in a constitutional1 professional1 and safe manner4 7#i7 ,use of ,force ,training ,program ,the term ,use of ,force ,training ,program means the ,,fletc training program that provides instruction on officer liability1 legal aspects of the use of force1 instructional use of nonlethal training ammunition1 peak performance for law enforcement1 environmental influence of de-escalation and decision-making1 post-incident procedures1 and student-centered instructor development4 #d4 ,minimum eligibility standards for ,federal law enforcement officers 7a7 ,purpose ,the purpose of this section is to ensure that individuals entrusted with ,federal law enforcement authority meet rigorous1 uniform eligibility standards that promote professionalism1 protect public safety1 safeguard fellow officers1 and ensure faithful enforcement of the ,constitution of the ,united ,states4 7b7 ,minimum eligibility requirements ,an individual may not be appointed to a position as a ,federal law enforcement officer unless the following conditions are met3 7#a7 ,citizenship and legal status ,the individual-- 7,a7 is a citizen of the ,united ,states2 and 7,b7 is legally eligible to possess and carry a firearm4 7#b7 ,medical and physical readiness ,the individual-- 7,a7 successfully completes a comprehensive pre-employment medical examination2 7,b7 meets the minimum standards established by the ,guidance for the ,medical ,evaluation of ,law ,enforcement ,officers issued by the ,american ,college of ,occupational and ,environmental ,medicine that are necessary to safely and effectively perform law enforcement duties1 including standards for vision1 hearing1 and mobility2 and 7,c7 passes a pre-employment physical fitness assessment immediately prior to appointment4 7#c7 ,drug-free workplace ,the individual-- 7,a7 passes a pre-employment drug screening2 and 7,b7 agrees to random drug testing as a condition of employment4 7#d7 ,background and suitability ,the individual-- 7,a7 successfully completes a ,single ,scope ,background ,investigation 7commonly known as an ,,ssbi7 or successor background investigation2 7,b7 agrees to periodic background reinvestigations2 and 7,c7 demonstrates suitability1 integrity1 and reliability consistent with ,federal law enforcement standards4 7#e7 ,firearms and duty readiness ,the individual-- 7,a7 agrees to carry a service handgun as required2 and 7,b7 agrees to qualify on required firearms not less frequently than twice annually4 7#f7 ,professional obligations ,the individual-- 7,a7 agrees to provide sworn statements and courtroom testimony as required2 and 7,b7 agrees to comply with ethical standards1 appearance standards1 and conduct requirements applicable to ,federal law enforcement officers4 7c7 ,age requirements ,an individual shall be not less than #ba years of age and not more than #cf years of age at the time of appointment to a position as a ,federal law enforcement officer4 7d7 ,education and experience qualifications 7#a7 ,in general 7,a7 ,in general ,an individual may not be appointed to a position as a ,federal law enforcement officer unless the individual has1 at a minimum-- 7i7 a bachelor's degree2 or 7ii7 a high school diploma or general educational development 7commonly known as ,,ged7 certificate and not less than #d years of general experience4 7,b7 ,general experience ,for purposes of subparagraph 7,a77ii71 the term general experience-- 7i7 means experience through which an individual has developed analytical and problem-solving abilities1 ethical judgment1 planning abilities1 and communication skills2 and 7ii7 includes experience in administrative1 clerical1 technical1 or military work that involves-- 7,i7 protecting property1 equipment1 data1 or materials2 or 7,,ii7 making judgments based on the application of directions1 rules1 regulations1 or laws4 7#b7 ,accreditation ,academic credentials from an institution of higher education may not be used to satisfy the requirement under paragraph 7#a77;,a77i7 unless the credentials were awarded by an institution of a higher education-- 7,a7 accredited by an agency or association recognized by the ,secretary of ,education pursuant to section #dif of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b72 or 7,b7 in a foreign country that has been determined by the ,secretary of ,education to be equivalent to an institution of higher education described in subparagraph 7,a74 7e7 ,online presence ,as part of the evaluation and suitability assessment of an individual for appointment to a position as a ,federal law enforcement officer1 a ,federal law enforcement agency shall review the online presence of the individual for information that demonstrates-- 7#a7 a lack of integrity and ethical judgment2 7#b7 a disregard for safety and preservation of life2 or 7#c7 ineligibility pursuant to section #f or #g of this ,act4 #e4 ,technical skills and academic requirements for ,federal law enforcement officers 7a7 ,requirements 7#a7 ,mandatory completion ,no individual may be deployed1 assigned to duty1 or exercise law enforcement authority as a ,federal law enforcement officer1 including on a temporary basis1 or be armed1 make arrests1 conduct searches or seizures1 participate in crowd control or enforcement operations1 or otherwise perform law enforcement duties in a ,federal capacity1 unless such individual has successfully completed-- 7,a7 the ,uniformed ,police ,training ,program2 and 7,b7 the ,use of ,force ,training ,program4 7#b7 ,immigration enforcement ,in addition to the training programs required under paragraph 7#a71 every individual deployed1 assigned to duty1 or exercising law enforcement authority as a ,federal law enforcement officer to conduct immigration enforcement operations under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 shall have successfully completed-- 7,a7 the #ehd-;hour ,basic ,immigration ,enforcement ,training ,program described in the syllabus of the ,training ,management ,division of ,enforcement and ,removal ,operations in effect in ,july #bjbe2 and 7,b7 the #e-week ,spanish ,language ,training ,program conducted by ,enforcement and ,removal ,operations4 7#c7 ,nonduplication ,if any individual course or training module appears in the curriculum of more than one of the programs required under paragraphs 7#a7 and 7#b71 an individual who has taken the course or module through one of the programs shall not be required to take the same course or module through any other such program if the individual provides certification of completion of the course or module to the administrator of the other program4 7#d7 ,completion requirements ,an individual shall be considered to have completed a training program required under paragraph 7#a7 or 7#b7 only upon passage1 with a score of #hj percent or higher1 of-- 7,a7 each closed-book written examination of the program2 and 7,b7 each performance examination of the program4 7b7 ,waiver of training prohibited ,a ,federal law enforcement agency may not waive1 abbreviate1 delay1 or circumvent any requirement under subsection 7a7-- 7#a7 due to operational necessity1 staffing shortages1 emergency conditions or emergency declaration1 or surge capacity2 or 7#b7 for a specific individual on the grounds that the individual is employed as a ,federal law enforcement officer with another ,federal agency or as a law enforcement officer for a local1 ,state1 or ,tribal law enforcement agency4 7c7 ,in-,service requirements ,after appointment to a position as a ,federal law enforcement officer1 an individual shall-- 7#a7 undergo periodic or as-needed medical examinations and continue to meet the medical requirements for the position2 7#b7 complete a biannual fitness test1 if the individual participates in at-large enforcement activities2 7#c7 submit to random drug testing2 7#d7 successfully pass background reinvestigations1 including for domestic violence or failure to provide child support1 not less frequently than once every #b years2 and 7#e7 successfully complete annual in-service training regarding1 at a minimum1 legal updates and the use of force4 7d7 ,minimum requirement for instructors ,an instructor may not deliver a program curriculum under subsection 7a7 unless the instructor has successfully completed the ,law ,enforcement ,instructor ,training ,program4 7e7 ,enforcement and compliance 7#a7 ,unauthorized status ,any law enforcement action taken by a ,federal law enforcement officer deployed in violation of this section shall be deemed unauthorized for purposes of internal discipline and administrative review4 7#b7 ,agency accountability ,the head of a ,federal law enforcement agency or an official of a ,federal law enforcement agency with supervisory authority who knowingly authorizes deployment in violation of this section shall be subject to applicable administrative discipline4 7#c7 ,annual certification ,each ,federal law enforcement agency shall annually certify to ,congress that the agency has not employed any accelerated or abbreviated basic training programs prohibited by this section4 7#d7 ,violation of technical skills and academic requirements ,if a ,federal law enforcement officer engages in a law enforcement action without having completed the training required under this section1 subsequent completion of the training shall not retroactively cure the violation4 7f7 ,dishonesty ,any individual who1 while receiving training pursuant to this section1 violates the ,student ,honor ,code1 including by cheating on or falsifying written examinations1 graded practical exercises1 or laboratory exercises1 shall be-- 7#a7 expelled from training2 and 7#b7 disqualified from appointment to a position as a ,federal law enforcement officer or terminated from employment as a ,federal law enforcement officer1 as applicable4 7g7 ,rule of construction ,nothing in this section shall be construed to limit the authority of a ,federal law enforcement agency to impose additional training requirements4 #f4 ,ineligibility based on certain prior conduct 7a7 ,prohibition on appointment ,notwithstanding any other provision of law1 an individual may not be appointed or employed as a ,federal law enforcement officer if the individual has-- 7#a7 been convicted in any court of competent jurisdiction of any offense involving-- 7,a7 abuse of official position2 7,b7 interference with the lawful functions of the government2 7,c7 seditious conspiracy2 7,d7 dishonesty1 breach of trust1 or interference with governmental operations2 or 7,e7 falsification of records2 7#b7 knowingly or willfully engaged in acts or activities designed to-- 7,a7 overthrow the ,united ,states ,government2 7,b7 interfere with1 impede1 disrupt1 or obstruct the lawful functions of the ,united ,states ,government1 including by entering or remaining in any facility of the legislative branch of the ,united ,states ,government2 7,c7 support the overthrow of the ,united ,states ,government or interfere with1 impede1 disrupt1 or obstruct its lawful functions2 or 7,d7 harass or terrorize an individual based1 in whole or in part1 on the individual's race1 religion1 disability1 sexual orientation1 ethnicity1 or gender2 7#c7 knowingly or willfully violated a ,federal ethics or integrity law2 or 7#d7 been terminated from a ,state1 local1 or ,tribal law enforcement agency4 7b7 ,effect of ,state or local disqualification ,notwithstanding any other provision of law1 an individual may not be appointed or employed as a ,federal law enforcement officer if the individual has been disqualified from possessing a firearm or serving as a law enforcement officer under ,state or local law4 7c7 ,effect of pardons1 expungements1 and other forms of relief 7#a7 ,pardons not a basis for eligibility ,notwithstanding any other provision of law1 in the case of an individual convicted of an offense described in subsection 7a77#a71 a presidential1 gubernatorial1 or other executive pardon for the conviction shall not affect the applicability of that subsection to the individual4 7#b7 ,expungement1 set-aside1 or sealing ,in the case of an individual convicted of an offense described in subsection 7a77#a71 an expungement1 sealing1 set-aside1 vacatur1 or similar post-conviction relief granted with respect to the conviction for reasons other than a finding of factual innocence shall not affect the applicability of that subsection to the individual4 7#c7 ,certificates of rehabilitation and similar relief ,in the case of an individual convicted of an offense described in subsection 7a77#a71 a certificate of rehabilitation1 restoration of civil rights1 or comparable determination shall not affect the applicability of that subsection to the individual4 7d7 ,application ,any conviction1 conduct1 or disqualification described in subsection 7a7 or 7b71 or the failure to disclose any such conviction1 conduct1 or disqualification to the ,federal law enforcement agency that seeks to appoint or employs the individual as a ,federal law enforcement officer1 as applicable1 shall render an individual ineligible to be appointed or employed as a ,federal law enforcement officer regardless of when the conviction1 conduct1 or disqualification occurred4 7e7 ,rule of construction ,nothing in this section shall be construed to limit1 supersede1 or otherwise affect any disqualification1 suitability standard1 or eligibility requirement imposed by any other provision of law1 regulation1 or agency policy applicable to ,federal law enforcement officers4 #g4 ,ineligibility based on discriminatory conduct 7a7 ,prohibition on appointment or service based on participation in or material support for certain groups and organizations 7#a7 ,in general ,notwithstanding any other provision of law1 an individual may not be appointed or employed as a ,federal law enforcement officer if the individual has participated in or provided material support for the activities of-- 7,a7 any white supremacist hate group2 7,b7 any organization the stated purpose of which is the commission of acts of violence2 7,c7 any organization that has as a purpose to overthrow or interfere with the ,government of the ,united ,states or the government of any ,state1 territory1 district1 or possession thereof2 7,d7 any organization that advocates the commission of acts of force or violence to deny other persons their rights under the ,constitution of the ,united ,states2 7,e7 any organization that advocates hatred1 prejudice1 or oppression of any person or group based on the race1 religion1 disability1 sexual orientation1 ethnicity1 or gender of the person or members of the group1 respectively2 or 7,f7 any organization that would in any way1 under the constitution or regulations of the organization1 prevent or hinder the ,federal law enforcement officer from performing the duties of the officer4 7#b7 ,covered conduct ,for purposes of paragraph 7#a71 the term participates in1 or provides material support for1 the activities of1 with respect to a group or organization described in that subsection1 includes-- 7,a7 participation in an event or activity of the group or organization2 7,b7 providing financial or logistical support to the group or organization2 7,c7 engaging in online activity to promote hatred1 discrimination1 or violence espoused by the group or organization against any person based on the person's race1 religion1 disability1 sexual orientation1 ethnicity1 or gender2 or 7,d7 coordination with known members of the group or organization to provide assistance or support for the commission of acts of violence4 7b7 ,prohibited conduct for federal law enforcement officers ,notwithstanding any other provision of law1 a ,federal law enforcement officer may not1 except as part of the official duties of the officer-- 7#a7 fraternize or socialize with-- 7,a7 persons actively engaged in criminal conduct2 or 7,b7 fugitives from justice2 or 7#b7 join or affiliate with any organization that compromises1 discredits1 prejudices1 or otherwise makes suspect the authority1 integrity1 or credibility of the officer or the ,federal law enforcement agency that employs the officer4 7c7 ,enforcement by agencies 7#a7 ,applicants 7,a7 ,enforcement ,if a ,federal law enforcement agency determines1 through a suitability adjudication process that is consistent with part #gca of title #e1 ,code of ,federal ,regulations1 or any successor regulation1 including applicable due process protections1 that an individual is ineligible to be appointed as a ,federal law enforcement officer under subsection 7a71 the ,federal law enforcement agency may not appoint the individual4 7,b7 ,duty to disclose ,an applicant for employment as a ,federal law enforcement officer with a ,federal law enforcement agency shall disclose to the agency1 during the application process1 any participation in1 or provision of support for1 a group or organization described in subsection 7a7 that may disqualify the applicant from eligibility for such employment under that subsection4 7#b7 ,employees 7,a7 ,enforcement ,if a ,federal law enforcement agency determines that a ,federal law enforcement officer has engaged in conduct prohibited under subsection 7a7 or 7b71 the agency shall remove the officer through a process that is consistent with section #geac of title #e1 ,united ,states ,code4 7,b7 ,duty to disclose ,not later than #cj days after the date of enactment of this ,act1 a ,federal law enforcement agency shall request that each ,federal law enforcement officer employed by the agency disclose to the agency1 and each such ,federal law enforcement officer shall disclose to the agency1 any engagement in conduct prohibited under subsection 7a7 or 7b7 that may disqualify the ,federal law enforcement officer under that subsection from continued employment4 7d7 ,first ,amendment safeguards ,nothing in this section shall be construed to prohibit activities protected by the ,first ,amendment to the ,constitution of the ,united ,states4 #h4 ,documentation and reporting requirements 7a7 ,definitions ,in this section3 7#a7 ,commendations and awards ,the term commendation and awards means actions by a ,federal law enforcement agency to recognize and reward individual or team achievements of ,federal law enforcement officers that-- 7,a7 contribute to meeting organizational goals1 or improving the efficiency or effectiveness1 of the ,federal ,government2 or 7,b7 are otherwise in the public interest4 7#b7 ,covered civil action ,the term covered civil action means a civil action brought against a ,federal law enforcement officer or a ,state or local law enforcement officer accusing the officer of committing a wrongful act relating to the official duties of the officer4 7#c7 ,criminal conviction ,the term criminal conviction1 with respect to an individual1 means a judgment or any other determination of guilt of the individual for a criminal offense by a court of competent jurisdiction1 whether entered upon a verdict or plea 7including a plea of nolo contendere71 for any offense that occurred during the employment of the individual as-- 7,a7 a ,federal law enforcement officer1 whether on-duty or off-duty2 or 7,b7 a ,state or local law enforcement officer1 whether on-duty or off-duty4 7#d7 ,disciplinary action ,the term disciplinary action includes a removal1 demotion1 suspension1 or reprimand of a ,federal law enforcement officer based on a finding of serious misconduct4 7#e7 ,national ,law ,enforcement ,accountability ,database2 ,,nlead ,the term ,national ,law ,enforcement ,accountability ,database or ,,nlead means the centralized repository of official records documenting instances of ,federal1 ,state1 or local law enforcement officer misconduct as well as commendations and awards maintained by the ,justice ,management ,division of the ,department of ,justice that was launched on ,december #ah1 #bjbc4 7#f7 ,resignation or retirement while under investigation for serious misconduct ,the term resignation or retirement while under investigation for serious misconduct1 with respect to a ,federal law enforcement officer1 means the officer resigned or retired after-- 7,a7 being provided written notice of an investigation into potential serious misconduct by the officer and the investigative process included or would have included an opportunity for the officer to be heard2 or 7,b7 a finding of serious misconduct by the law enforcement officer was made1 regardless of whether the officer was provided written notice of the investigation4 7#g7 ,serious misconduct complaint ,the term serious misconduct complaint means a complaint alleging a criminal act1 use of excessive force1 bias1 discrimination1 obstruction of justice1 theft1 or sexual misconduct4 7#h7 ,suspension of a law enforcement officer's law enforcement authorities ,the term suspension of a law enforcement officer's law enforcement authorities means the suspension of the authority of a law enforcement officer to perform law enforcement duties based upon a reassignment or position change to a non-law enforcement officer status4 7#i7 ,termination ,the term termination-- 7,a7 means the involuntary separation of a law enforcement officer from employment with a ,federal law enforcement agency or a ,state or local law enforcement agency2 and 7,b7 includes removal and dismissal4 7#aj7 ,use-of-,force ,database ,the term ,use-of-,force ,database means the ,national ,use-of-,force ,data ,collection of the ,federal ,bureau of ,investigation that collects nationwide data on law enforcement use of force incidents that was formally launched on ,january #a1 #bjai4 7#aa7 ,use of force incident ,the term use of force incident means any incident in which a law enforcement officer or other employee of a ,federal law enforcement agency uses force through the application of a physical technique1 a chemical agent1 or a weapon1 including the discharge of a firearm4 7#ab7 ,use of force incident report ,the term use of force incident report means a report made under subsection 7b77#a7 by a ,federal law enforcement officer or other employee of a ,federal law enforcement agency who engaged in or observed a use of force incident4 7b7 ,force incident reporting 7#a7 ,reporting requirement 7,a7 ,in general ,a ,federal law enforcement officer or other employee of a ,federal law enforcement agency who engages in or observes a use of force incident shall report the use of force incident to a direct supervisor1 except as provided in subparagraph 7,b71 before finishing the officer's or employee's tour of duty4 7,b7 ,observing use of force by supervisor ,for purposes of subparagraph 7,a71 if a ,federal law enforcement officer or other employee of a ,federal law enforcement agency observes a direct supervisor of the officer or employee engaging in a use of force incident1 the officer or other employee shall report the incident to the next higher-ranking official in the chain of command4 7#b7 ,failure to report ,if a ,federal law enforcement officer or other employee of a ,federal law enforcement agency makes a deliberate material omission1 false statement1 or inaccuracy in a use of force incident report with the intent to mislead1 the ,federal law enforcement agency employing the officer or employee shall subject the officer or other employee to appropriate discipline for failure to report and lack of truthfulness1 up to and including termination1 in accordance with otherwise applicable law4 7#c7 ,force incident documentation ,for purposes of paragraph 7#a71 the head of a ,federal law enforcement agency shall-- 7,a7 establish a process for ,federal law enforcement officers and other employees of the agency to document all use of force incidents and provide training on the requirements for use of force incident reporting2 7,b7 ensure that each use of force incident report is reviewed by a supervisor who is not the officer or other employee who engaged in the incident2 7,c7 provide training for all employees who exercise supervisory authority over ,federal law enforcement officers or other employees on reviewing and auditing use of force incident reports2 and 7,d7 designate an employee of the agency to be responsible for submitting responsive use of force incident data to the ,use-of-,force ,database4 7#d7 ,mandatory reporting by ,federal law enforcement agencies 7,a7 ,initial report ,not later than #cj days after the date of enactment of this ,act1 the head of a ,federal law enforcement agency shall submit to the ,use-of-,force ,database the incident1 subject1 and officer or other employee information collected by the ,database for each use of force incident engaged in by a ,federal law enforcement officer or other employee of the agency for the period beginning on ,january #a1 #bjbe1 and ending on such date of enactment4 7,b7 ,monthly reports ,after submitting the initial information under subparagraph 7,a71 the head of a ,federal law enforcement agency shall submit to the ,use-of-,force ,database the information required under that subparagraph on a monthly basis4 7#e7 ,internal audit 7,a7 ,in general ,the ,office of ,professional ,responsibility of the ,department of ,justice shall-- 7i7 conduct periodic reviews of records submitted to the ,use-of-,force ,database under paragraph 7#d7 to assess-- 7,i7 compliance with this subsection2 and 7,,ii7 evidence of violations of-- 7aa7 the ,constitution of the ,united ,states2 or 7bb7 a policy of a ,federal law enforcement agency2 and 7ii7 submit an annual report to ,congress detailing findings1 trends1 and recommendations resulting from the reviews conducted under clause 7i74 7,b7 ,public information ,not later than #cj days after submitting a report to ,congress under subparagraph 7,a77i71 the ,office of ,professional ,responsibility of the ,department of ,justice shall make the full text of the report publicly available on a website4 7c7 ,reestablishment and maintenance of the ,national ,law ,enforcement ,accountability ,database 7#a7 ,reestablishment ,not later than #cj days after the date of enactment of this ,act1 the ,attorney ,general shall reestablish1 and thereafter the ,attorney ,general shall maintain and operate1 the ,national ,law ,enforcement ,accountability ,database as a centralized ,federal database for law enforcement accountability and suitability determinations4 7#b7 ,required content ,at a minimum1 ,,nlead shall include records relating to-- 7,a7 terminations1 removals1 resignations1 or retirements while under investigation2 7,b7 sustained findings of misconduct1 including-- 7i7 excessive or unlawful use of force2 7ii7 dishonesty1 false statements1 or falsification of records2 7iii7 civil rights violations2 7iv7 failure to intervene2 or 7v7 failure to render required medical aid2 7,c7 revocations of a certificate or license related to officer misconduct2 7,d7 covered civil actions1 including the dispositions thereof2 7,e7 criminal convictions or guilty pleas related to law enforcement duties or crimes of violence1 including domestic violence2 7,f7 commendations and awards2 and 7,g7 other substantiated misconduct determined by the ,attorney ,general to be relevant to suitability for service as a law enforcement officer4 7#c7 ,mandatory reporting by ,federal law enforcement agencies 7,a7 ,reporting requirement ,each quarter1 a ,federal law enforcement agency shall submit to ,,nlead-- 7i7 in a standardized manner1 all information required under paragraph 7#b7 with respect to any ,federal law enforcement officer employed by the agency who has a record described in that paragraph2 or 7ii7 if there are no applicable records for the quarter1 a statement that the agency has no records for submission4 7,b7 ,certification ,the head of each ,federal law enforcement agency shall annually submit to the ,attorney ,general and to ,congress a certification indicating whether all required information submitted to ,,nlead by the ,federal law enforcement agency is accurate1 complete1 and current4 7,c7 ,reporting process ,the head of each ,federal law enforcement agency shall-- 7i7 establish a process for the ,federal law enforcement agency to-- 7,i7 collect and report to ,,nlead all information required under paragraph 7#b72 and 7,,ii7 provide training on the reporting requirement under subparagraph 7,a7 of this paragraph2 and 7ii7 designate an employee of the agency1 who may be in a position in the ,senior ,executive ,service1 to be responsible for submitting the information required under paragraph 7#b7 to ,,nlead4 7,d7 ,failure to report ,if a ,federal law enforcement agency fails to submit information as required under subparagraph 7,a71 including by submitting incomplete1 inaccurate1 unintelligible1 misleading1 or nonresponsive data-- 7i7 not later than #cj days after receiving notification of that failure from the ,attorney ,general1 the head of the agency shall submit the information to ,,nlead2 and 7ii7 that failure shall constitute noncompliance with this ,act that may result in administrative discipline under otherwise applicable law for the employee of the agency designated under subparagraph 7,c77ii74 7#d7 ,mandatory database checks for ,federal law enforcement applicants 7,a7 ,pre-appointment requirement ,no individual may be appointed1 conditionally appointed1 provisionally appointed1 transferred to a position as1 or otherwise employed as a ,federal law enforcement officer by a ,federal law enforcement agency unless the agency has-- 7i7 conducted a query of ,,nlead with respect to the individual2 and 7ii7 reviewed and adjudicated the results of that query as part of making a suitability determination with respect to the individual4 7,b7 ,timing ,the query of ,,nlead required under subparagraph 7,a77i7 shall be conducted before-- 7i7 final selection or appointment2 7ii7 issuance of credentials or firearms2 7iii7 entry into basic training2 or 7iv7 the exercise of any law enforcement authority4 7,c7 ,no substitute ,a background investigation1 reference check1 self-disclosure1 or other screening mechanism may not be used as a substitute for the query of ,,nlead required under subparagraph 7,a77i74 7#e7 ,database checks for employed officers ,each ,federal law enforcement agency shall conduct an ,,nlead query-- 7,a7 before a ,federal law enforcement officer is transferred to the ,federal law enforcement agency from another ,federal law enforcement agency1 including on detail or temporary assignment2 and 7,b7 biannually for any ,federal law enforcement officer serving in a sensitive1 supervisory1 or high-risk assignment4 7#f7 ,use limitations and safeguards 7,a7 ,authorized use ,information contained in ,,nlead may be used solely for purposes of hiring1 retention1 promotion1 training1 discipline1 or suitability determinations with respect to law enforcement officers4 7,b7 ,attorney general responsibilities ,the ,attorney ,general shall-- 7i7 conduct regular periodic compliance reviews to ensure the accuracy and reliability of records included in ,,nlead2 7ii7 direct any ,federal law enforcement agency that submits incomplete1 inaccurate1 unintelligible1 misleading1 or nonresponsive data to ,,nlead to revise and resubmit the data2 7iii7 provide notice and an opportunity to respond to individuals whose records are included in ,,nlead1 consistent with applicable due process protections2 and 7iv7 prevent unauthorized access to or disclosure of records included in ,,nlead4 7#g7 ,access 7,a7 ,authorized users ,the ,attorney ,general shall ensure that ,,nlead is accessible only to authorized users to help determine suitability and eligibility of candidates for law enforcement positions4 7,b7 ,state1 local1 and tribal governments ,the ,attorney ,general shall ensure that a ,state1 local1 or ,tribal agency can access ,,nlead to query the record of an applicant for a position as a law enforcement officer4 7,c7 ,public reporting ,the ,attorney ,general shall publish annually a public report containing aggregated and anonymized data from ,,nlead to maintain transparency and accountability4 7,d7 ,involved individuals ,if an individual is involved in an encounter with a ,federal law enforcement officer that results in loss of property1 physical injury1 or death1 the ,attorney ,general1 upon request from the individual or a family member of the individual in the case of death or incapacitation1 shall provide information or documents from ,,nlead related to the ,federal law enforcement officer involved in the encounter4 7#h7 ,federal law enforcement officer protections ,an individual who is a current or former ,federal law enforcement officer or ,state or local law enforcement officer1 or counsel or another designated representative for such an individual1 may-- 7,a7 access and review personal information in ,,nlead pertaining to that individual2 7,b7 provide additional information or documents or a personal statement to a ,federal law enforcement agency that submitted information or documents relating to the individual to ,,nlead1 which shall be retained as part of the individual's employment information2 or 7,c7 present evidence to and petition the head of the ,federal law enforcement agency described in subparagraph 7,b7 to amend1 supplement1 or remove information from ,,nlead4 7#i7 ,privacy protections ,nothing in this subsection shall be construed to supersede the requirements or limitations under section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd74 #i4 ,officer relief2 ,state attorney general enforcement 7a7 ,federal law enforcement officers right to relief ,a ,federal law enforcement officer may bring a civil action in an appropriate district court of the ,united ,states against the ,federal law enforcement agency that employs the officer for declaratory or injunctive relief if the ,federal law enforcement agency assigns the officer to work with or under the command of an individual appointed or deployed as a ,federal law enforcement officer in violation of this ,act4 7b7 ,state attorney general enforcement authority 7#a7 ,authorization ,if the attorney general of a ,state has reasonable cause to believe that a ,federal law enforcement agency has engaged in a pattern or practice of violations of this ,act that poses an imminent and substantial risk to public safety or constitutional rights within the ,state1 the attorney general of the ,state may bring a civil action on behalf of the residents of the ,state against the ,federal law enforcement agency in the ,united ,states ,district ,court for the ,district of ,columbia4 7#b7 ,relief ,in a civil action brought under paragraph 7#a7 relief shall be limited to declaratory relief and prospective injunctive relief necessary to compel compliance4 7#c7 ,notice and opportunity to cure ,not later than #cj days before bringing a civil action against a ,federal law enforcement agency under paragraph 7#a71 the attorney general of a ,state shall provide written notice to the head of the ,federal law enforcement agency1 the ,attorney ,general1 and the relevant inspector general describing the alleged violations and factual basis1 unless the attorney general of the ,state certifies that delay in filing the civil action would result in irreparable harm to public safety4 #aj4 ,recently hired officers 7a7 ,definition of recently appointed officer ,in this section1 the term recently appointed officer means a ,federal law enforcement officer who was appointed during the period beginning on ,january #bj1 #bjbe1 and ending on the day before the effective date of this ,act4 7b7 ,temporary removal from law enforcement duties 7#a7 ,certification ,not later than #cj days after the effective date of this ,act1 each ,federal law enforcement agency that appointed a recently appointed officer shall certify that the recently appointed officer has met the requirements under sections #d and #e4 7#b7 ,officers not certified ,in the case of a recently appointed officer who is not certified in accordance with paragraph 7#a71 the ,federal law enforcement agency employing the officer shall remove the officer from law enforcement duties and place the officer in administrative status or on paid leave for the period beginning on the day after the deadline under paragraph 7#a7 and ending on the date on which the officer meets the requirements under sections #d and #e4 7c7 ,mandatory compliance ,a ,federal law enforcement agency shall require a recently appointed officer1 as a condition of continued employment in a law enforcement capacity1 to-- 7#a7 not later than #ahj days after the date of enactment of this ,act1 meet the requirements under section #d2 and 7#b7 not later than #a year after the date of enactment of this ,act1 to meet the requirements under section #e4 7d7 ,failure ,to certify ,in the case of a recently appointed officer who fails to meet the requirements under section #d or #e by the applicable date specified under subsection 7c7 of this section1 the ,federal law enforcement agency employing the officer shall-- 7#a7 permanently remove the officer from law enforcement duties2 and 7#b7 subject the officer to separation from ,federal service in accordance with applicable civil service laws4 #aa4 ,hiring freeze 7a7 ,definitions ,in this section3 7#a7 ,baseline number ,the term baseline number means the number of immigration enforcement officers on the date of the enactment of this ,act4 7#b7 ,immigration enforcement officer ,the term immigration enforcement officer means a ,federal law enforcement officer who is employed by ,u4,s4 ,immigration and ,customs ,enforcement as a special agent 7criminal investigator71 deportation officer1 or detention and deportation officer4 7#c7 ,other ,federal law enforcement agency ,the term other ,federal law enforcement agency means any ,federal law enforcement agency other than ,u4,s4 ,immigration and ,customs ,enforcement4 7b7 ,general prohibitions ,notwithstanding any other provision of law-- 7#a7 the ,secretary of ,homeland ,security may not increase the number of immigration enforcement officers beyond the baseline number2 and 7#b7 the annual rate of basic pay of an immigration enforcement officer may not be increased beyond the rate in effect on the date of the enactment of this ,act4 7c7 ,prohibition on hiring bonuses ,the ,secretary of ,homeland ,security may not offer or provide a bonus of any amount to-- 7#a7 an applicant for a ,federal law enforcement officer position or other employment with a ,federal law enforcement agency2 or 7#b7 a newly hired or appointed ,federal law enforcement officer or other employee of a ,federal law enforcement agency4 7d7 ,prohibition on augmentation ,the ,secretary of ,homeland ,security may not augment1 increase1 or otherwise offset the baseline number of immigration enforcement officers through the reassignment1 detail1 transfer1 or use of ,federal law enforcement officers from other ,federal law enforcement agencies to perform the duties of immigration enforcement officers4 7e7 ,vacancies ,notwithstanding the baseline number1 the ,secretary of ,homeland ,security may not hire any immigration enforcement officers to fill vacancies arising from retirement1 termination1 resignation1 or other separation occurring on or after the date of the enactment of this ,act4 7f7 ,term ,the prohibitions under subsections 7b71 7d71 and 7e7 shall remain in effect until the ,secretary of ,homeland ,security certifies to ,congress that each ,federal law enforcement officer employed by ,u4,s4 ,immigration and ,customs ,enforcement as of the date of enactment of this ,act has satisfied the hiring standards set forth in section #d and the training standards set forth in section #e4 7g7 ,certification ,the ,secretary of ,homeland ,security shall submit monthly to the ,government ,accountability ,office a certification of compliance with the requirements of this section for review4 #ab4 ,agency accreditation 7a7 ,initial accreditation ,not later than #a year after the date of enactment of this ,act1 each ,federal law enforcement agency shall obtain the ,advanced ,law ,enforcement ,accreditation granted by the ,commission on ,accreditation for ,law ,enforcement ,agencies 7in this section referred to as ,,calea74 7b7 ,reaccreditation ,a ,federal law enforcement agency that obtains accreditation under subsection 7a7 shall maintain the accreditation through continuous reaccreditation every #d years thereafter1 in accordance with ,,calea standards and procedures4 7c7 ,certification ,each ,federal law enforcement agency shall certify to the inspector general of the agency compliance with-- 7#a7 subsection 7a7 not later than #a year after the date of enactment of this ,act2 and 7#b7 subsection 7b7 every #d years thereafter4 #ac4 ,enforcement2 penalties2 oversight 7a7 ,enforcement authorities 7#a7 ,compliance ,compliance with this ,act shall be considered and enforced1 and personnel actions for violations of this ,act shall be taken1 in accordance with otherwise applicable law relating to performance appraisal1 discipline1 suspension1 removal1 and supervisory accountability4 7#b7 ,agency head responsibility ,the head of each ,federal law enforcement agency-- 7,a7 shall be responsible for compliance with this ,act and may not delegate that responsibility in a manner that diminishes accountability2 and 7,b7 not later than #fj days after the date of enactment of this ,act1 shall assess and revise the policies and procedures of the ,federal law enforcement agency as necessary to comply with this ,act4 7b7 ,civil service penalties for noncompliance 7#a7 ,in general ,any appointment of an individual to a position as a ,federal law enforcement officer made in violation of this ,act shall be deemed invalid and the ,federal law enforcement agency that appointed the individual1 upon discovering the violation1 shall immediately remove the individual from law enforcement duties4 7#b7 ,supervisors ,any employee who exercises supervisory1 policy1 or operational authority over the hiring1 training1 deployment1 or oversight of #a or more ,federal law enforcement officers who knowingly authorizes an appointment in violation of this ,act1 approves or utilizes training prohibited by this ,act1 or makes a false certification required by this ,act shall be subject to personnel actions in accordance with otherwise applicable law relating to performance appraisal1 discipline1 suspension1 removal1 and supervisory accountability4 7#c7 ,senior executive accountability 7,a7 ,performance plan 7i7 ,in general ,each employee in a position in the ,senior ,executive ,service who exercises supervisory1 policy1 or operational authority over the hiring1 training1 deployment1 or oversight of #a or more ,federal law enforcement officers shall have incorporated into the annual performance plan of the employee a critical element assessing compliance with this ,act1 including the prohibition on accelerated training and provisional appointments4 7ii7 ,certification ,the head of a ,federal law enforcement agency shall annually submit to the ,office of ,personnel ,management and to ,congress a certification indicating whether the performance plan of each employee of the ,federal law enforcement agency in a position in the ,senior ,executive ,service who exercises supervisory1 policy1 or operational authority over the hiring1 training1 deployment1 or oversight of #a or more ,federal law enforcement officers includes the critical element assessing compliance with this ,act that is required under clause 7i74 7,b7 ,consequences for violations 7i7 ,violations generally ,a violation of this ,act by an employee in a position in the ,senior ,executive ,service shall constitute unsatisfactory performance and render the employee ineligible for a performance award or bonus for the applicable performance cycle4 7ii7 ,knowing violations ,a knowing violation of this ,act by an employee in a position in the ,senior ,executive ,service shall constitute neglect of duty and shall result in reassignment1 reduction in pay1 or removal from the ,senior ,executive ,service consistent with otherwise applicable law relating to reassignment1 reduction in pay1 or removal4 7c7 ,operational consequences ,a ,federal law enforcement officer who is employed in violation of this ,act shall be deemed to not be authorized to exercise law enforcement authority for purposes of internal agency review1 discipline1 credentialing1 or training equivalency determinations4 7d7 ,funding 7#a7 ,condition on availability of funds ,no funds appropriated or otherwise made available to a ,federal law enforcement agency may be used to-- 7,a7 operate1 contract for1 or deliver an accelerated or abbreviated basic training program that does not meet the requirements of this ,act2 or 7,b7 deploy any ,federal law enforcement officer who has not completed all training required under this ,act4 7#b7 ,corrective withholding ,if an inspector general determines that a ,federal law enforcement agency is not in full compliance with this ,act1 the ,federal law enforcement agency may not obligate funds to appoint or deploy a ,federal law enforcement officer until the ,director of the ,office of ,management and ,budget determines that the ,federal law enforcement agency is in compliance with this ,act4 7e7 ,inspector general oversight ,the inspector general of each ,federal law enforcement agency shall-- 7#a7 periodically review compliance with this ,act1 including hiring timelines1 training duration and content1 and deployment practices2 and 7#b7 if the inspector general determines the ,federal law enforcement agency is not in compliance with this ,act1 submit a report regarding the determination to-- 7,a7 the head of the ,federal law enforcement agency2 7,b7 the ,attorney ,general or ,secretary of ,homeland ,security1 as applicable2 7,c7 the ,director of the ,office of ,management and ,budget2 7,d7 the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,senate2 and 7,e7 the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,house of ,representatives4 #ad4 ,rules of construction 7a7 ,no retroactive punishment ,the application of this ,act to prior conduct or convictions of an individual shall not be construed as retroactive punishment1 but solely as a determination of the present suitability of the individual for a position as a ,federal law enforcement officer4 7b7 ,other rules of construction ,nothing in this ,act shall be construed to-- 7#a7 limit the legal effect of a pardon for purposes other than eligibility for employment as a ,federal law enforcement officer2 7#b7 impose additional criminal penalties on an individual adjudicated ineligible for employment as a ,federal law enforcement officer2 7#c7 create a private right of action2 or 7#d7 limit the authority of a ,federal law enforcement agency to impose hiring standards for ,federal law enforcement officers in addition to the hiring standards required under this ,act4 #ae4 ,no additional funds ,no additional funds are authorized to be appropriated to carry out this ,act4 #af4 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance1 is held invalid1 the remainder of this ,act1 and the application of the provision to any other person or circumstance1 shall not be affected4 #ag4 ,effective date ,this ,act shall take effect on the date that is #cj days after the date of enactment of this ,act1 except that the ,secretary of ,homeland ,security1 the ,attorney ,general1 and the head of any other ,federal law enforcement agency may take such actions prior to the effective date as are necessary to implement this ,act4