Enforcement; penalties; oversight
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(a) Enforcement authorities (1) Compliance Compliance with this Act shall be considered and enforced, and personnel actions for violations of this Act shall be taken, in accordance with otherwise applicable law relating to performance appraisal, discipline, suspension, removal, and supervisory accountability. (2) Agency head responsibility The head of each Federal law enforcement agency— (A) shall be responsible for compliance with this Act and may not delegate that responsibility in a manner that diminishes accountability; and (B) not later than 60 days after the date of enactment of this Act, shall assess and revise the policies and procedures of the Federal law enforcement agency as necessary to comply with this Act. (b) Civil service penalties for noncompliance (1) 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 individual, upon discovering the violation, shall immediately remove the individual from law enforcement duties. (2) Supervisors Any employee who exercises supervisory, policy, or operational authority over the hiring, training, deployment, or oversight of 1 or more Federal law enforcement officers who knowingly authorizes an appointment in violation of this Act, approves or utilizes training prohibited by this Act, or makes a false certification required by this Act shall be subject to personnel actions in accordance with otherwise applicable law relating to performance appraisal, discipline, suspension, removal, and supervisory accountability. (3) Senior executive accountability (A) Performance plan (i) In general Each employee in a position in the Senior Executive Service who exercises supervisory, policy, or operational authority over the hiring, training, deployment, or oversight of 1 or more Federal law enforcement officers shall have incorporated into the annual performance plan of the employee a critical element assessing compliance with this Act, including the prohibition on accelerated training and provisional appointments. (ii) 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 supervisory, policy, or operational authority over the hiring, training, deployment, or oversight of 1 or more Federal law enforcement officers includes the critical element assessing compliance with this Act that is required under clause (i). (B) Consequences for violations (i) 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 cycle. (ii) 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 reassignment, reduction in pay, or removal from the Senior Executive Service consistent with otherwise applicable law relating to reassignment, reduction in pay, or removal. (c) 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 review, discipline, credentialing, or training equivalency determinations. (d) Funding (1) Condition on availability of funds No funds appropriated or otherwise made available to a Federal law enforcement agency may be used to— (A) operate, contract for, or deliver an accelerated or abbreviated basic training program that does not meet the requirements of this Act; or (B) deploy any Federal law enforcement officer who has not completed all training required under this Act. (2) Corrective withholding If an inspector general determines that a Federal law enforcement agency is not in full compliance with this Act, 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 Act. (e) Inspector general oversight The inspector general of each Federal law enforcement agency shall— (1) periodically review compliance with this Act, including hiring timelines, training duration and content, and deployment practices; and (2) if the inspector general determines the Federal law enforcement agency is not in compliance with this Act, submit a report regarding the determination to— (A) the head of the Federal law enforcement agency; (B) the Attorney General or Secretary of Homeland Security, as applicable; (C) the Director of the Office of Management and Budget; (D) the Committee on the Judiciary and the Committee on Appropriations of the Senate; and (E) the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives.