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S. 5376IntroducedSenate · nowHousePresidentLawIn committee
Sec. 7 · S. 5376

Ineligibility based on discriminatory conduct

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(a) Prohibition on appointment or service based on participation in or material support for certain groups and organizations (1) In general Notwithstanding any other provision of law, 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— (A) any white supremacist hate group; (B) any organization the stated purpose of which is the commission of acts of violence; (C) any organization that has as a purpose to overthrow or interfere with the Government of the United States or the government of any State, territory, district, or possession thereof; (D) any organization that advocates the commission of acts of force or violence to deny other persons their rights under the Constitution of the United States; (E) any organization that advocates hatred, prejudice, or oppression of any person or group based on the race, religion, disability, sexual orientation, ethnicity, or gender of the person or members of the group, respectively; or (F) any organization that would in any way, under the constitution or regulations of the organization, prevent or hinder the Federal law enforcement officer from performing the duties of the officer. (2) Covered conduct For purposes of paragraph (1), the term participates in, or provides material support for, the activities of, with respect to a group or organization described in that subsection, includes— (A) participation in an event or activity of the group or organization; (B) providing financial or logistical support to the group or organization; (C) engaging in online activity to promote hatred, discrimination, or violence espoused by the group or organization against any person based on the person's race, religion, disability, sexual orientation, ethnicity, or gender; or (D) coordination with known members of the group or organization to provide assistance or support for the commission of acts of violence. (b) Prohibited conduct for federal law enforcement officers Notwithstanding any other provision of law, a Federal law enforcement officer may not, except as part of the official duties of the officer— (1) fraternize or socialize with— (A) persons actively engaged in criminal conduct; or (B) fugitives from justice; or (2) join or affiliate with any organization that compromises, discredits, prejudices, or otherwise makes suspect the authority, integrity, or credibility of the officer or the Federal law enforcement agency that employs the officer. (c) Enforcement by agencies (1) Applicants (A) Enforcement If a Federal law enforcement agency determines, through a suitability adjudication process that is consistent with part 731 of title 5, Code of Federal Regulations, or any successor regulation, including applicable due process protections, that an individual is ineligible to be appointed as a Federal law enforcement officer under subsection (a), the Federal law enforcement agency may not appoint the individual. (B) Duty to disclose An applicant for employment as a Federal law enforcement officer with a Federal law enforcement agency shall disclose to the agency, during the application process, any participation in, or provision of support for, a group or organization described in subsection (a) that may disqualify the applicant from eligibility for such employment under that subsection. (2) Employees (A) Enforcement If a Federal law enforcement agency determines that a Federal law enforcement officer has engaged in conduct prohibited under subsection (a) or (b), the agency shall remove the officer through a process that is consistent with section 7513 of title 5, United States Code. (B) Duty to disclose Not later than 30 days after the date of enactment of this Act, a Federal law enforcement agency shall request that each Federal law enforcement officer employed by the agency disclose to the agency, and each such Federal law enforcement officer shall disclose to the agency, any engagement in conduct prohibited under subsection (a) or (b) that may disqualify the Federal law enforcement officer under that subsection from continued employment. (d) First Amendment safeguards Nothing in this section shall be construed to prohibit activities protected by the First Amendment to the Constitution of the United States.

Sec. 7: Ineligibility based on discriminatory conduct · Public Law Tracker