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S. 5376IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2 · S. 5376

Findings

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Congress finds the following: (1) Federal law enforcement officers exercise extraordinary governmental authority, including the authority to use force, and must be trained to the highest professional and constitutional standards. (2) The legitimacy of Federal law enforcement depends on public trust, which is sustained only when Federal law enforcement officers demonstrate fidelity to the Constitution and the rule of law. (3) Conduct by a Federal law enforcement officer that violates constitutional guarantees, reflects bias or dishonesty, 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 whole. (4) The preservation of human life is the paramount objective of law enforcement operations and must guide instruction, tactics, and decision-making. (5) Use of force by Federal law enforcement officers must be objectively reasonable, necessary, and proportional to the threat presented. (6) 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 service. (7) Congress has a compelling interest in ensuring that Federal law enforcement academic and skills training reflects best practices in modern policing, constitutional standards, and the protection of life. (8) The Federal Government has a fundamental obligation to protect the people of the United States while faithfully enforcing the Constitution of the United States, and that obligation includes ensuring that Federal law enforcement officers are adequately trained before being entrusted with enforcement and use-of-force authority. (9) Attenuated hiring practices that prioritize expediency over preparation increase the risk that officers will be deployed without sufficient instruction in constitutional standards, use-of-force principles, and decision-making under stress and increase the likelihood of constitutional violations or harm to civilians or officers. (10) The Federal Government’s responsibility to enforce the law does not diminish during periods of heightened operational demand, and constitutional compliance may not be sacrificed for expediency. (11) 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 Constitution. (12) 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 public, fellow Federal law enforcement officers, and constitutional governance.

Sec. 2: Findings · Public Law Tracker