S. 5376 — FITNESS Act

This section provides the short title of the Act as the Federal Integrity, Training and National Eligibility for Service Standards Act or FITNESS Act, and lists the table of contents for its 17 sections.

This section states findings on federal law enforcement officers, including that they must receive training to the highest constitutional standards, that use of force must be objectively reasonable, necessary, and proportional, that officers who use excessive force must be removed from service, and that expedited hiring or training during high-demand periods may not compromise those standards.

This section defines terms for the Act, including Federal law enforcement agency, Federal law enforcement officer, FLETA, FLETC, Senior Executive Service, Student Honor Code, Law Enforcement Instructor Training Program (10-day, 76-hour FLETA-accredited course), Uniformed Police Training Program (64-day, 527-hour entry-level course), and Use of Force Training Program.

This section establishes minimum eligibility standards for appointment as a federal law enforcement officer. An individual must be a U.S. citizen between 21 and 36 years old, pass a medical examination and physical fitness assessment meeting American College of Occupational and Environmental Medicine standards, pass pre-employment and random drug testing, complete a Single Scope Background Investigation with periodic reinvestigations, agree to carry and qualify with a service handgun twice annually, hold a bachelor’s degree or a high school diploma plus 4 years of general experience from an accredited institution, and undergo review of online presence for integrity and safety concerns.

This section requires all Federal law enforcement officers to complete the Uniformed Police Training Program and Use of Force Training Program before deployment, assignment, or exercise of authority, and mandates that immigration enforcement officers also complete the 584-hour Basic Immigration Enforcement Training Program and 5-week Spanish Language Training Program. It prohibits waivers for any reason, including operational needs or prior experience; requires passage of all exams at 80 percent or higher; imposes in-service obligations including biannual fitness tests, random drug testing, and background reinvestigations every 2 years; requires instructors to complete the Law Enforcement Instructor Training Program; deems noncompliant actions unauthorized; subjects supervisors to discipline; and disqualifies or terminates individuals for dishonesty during training.

This section prohibits the appointment or employment of any individual as a Federal law enforcement officer if the individual has been convicted of offenses involving abuse of official position, seditious conspiracy, falsification of records, or similar conduct; has knowingly engaged in acts to overthrow the U.S. government or interfere with its functions, including by entering legislative facilities; has violated Federal ethics laws; has been terminated from state, local, or tribal law enforcement; or has been disqualified from possessing a firearm under state or local law. Presidential or gubernatorial pardons, expungements, certificates of rehabilitation, and similar relief do not restore eligibility, regardless of when the disqualifying event occurred.

This section prohibits appointment or employment as a Federal law enforcement officer for any individual who has participated in or provided material support for white supremacist hate groups, organizations advocating violence or overthrow of the U.S. government, or groups promoting hatred or discrimination based on race, religion, disability, sexual orientation, ethnicity, or gender. It bars officers from fraternizing with criminals or fugitives or joining organizations that compromise agency integrity, requires applicant and employee disclosures, directs agencies to enforce through suitability adjudications and removals under existing civil service rules, and preserves First Amendment protections.

This section requires federal law enforcement officers and employees to report use of force incidents to a direct supervisor before finishing their tour of duty, or to the next higher-ranking official if the incident involves their supervisor. It directs agencies to establish documentation processes, provide training on reporting and review, ensure non-involved supervisor audits of reports, and impose discipline up to termination for deliberate omissions, false statements, or inaccuracies in reports.

This section authorizes a federal law enforcement officer to sue the employing agency in district court for declaratory or injunctive relief when assigned to work with or under an individual appointed or deployed in violation of this Act. It also permits a state attorney general to sue any federal law enforcement agency in the District of Columbia for declaratory and prospective injunctive relief on behalf of state residents upon a pattern or practice of violations that poses an imminent and substantial risk to public safety or constitutional rights, after providing 30 days' written notice unless irreparable harm would result.

This section requires federal law enforcement agencies to certify within 30 days of the Act's effective date that recently appointed officers (those hired January 20, 2025, through the day before the effective date) meet requirements under sections 4 and 5. It removes uncertified officers from law enforcement duties and places them on administrative status or paid leave until compliant, mandates full compliance with section 4 within 180 days of enactment and section 5 within one year as a condition of continued employment, and permanently removes from duties and subjects to separation any officer who fails to meet those deadlines.

This section freezes the number of immigration enforcement officers at U.S. Immigration and Customs Enforcement at the baseline level on the date of enactment and prohibits any increase in their pay rates. It bars hiring bonuses for all federal law enforcement positions, the use of officers from other agencies to augment the force, and the filling of vacancies, with these restrictions remaining in effect until the Secretary certifies that all current officers meet the hiring and training standards in sections 4 and 5, and requires monthly compliance certifications to the Government Accountability Office.

This section requires each Federal law enforcement agency to obtain Advanced Law Enforcement Accreditation from the Commission on Accreditation for Law Enforcement Agencies within 1 year after enactment. Agencies must maintain accreditation through reaccreditation every 4 years and certify compliance to their inspector general on the same schedule.

This section requires heads of federal law enforcement agencies to ensure compliance with the Act, revise agency policies within 60 days, and incorporate compliance into senior executive performance plans. It invalidates appointments made in violation of the Act, mandates immediate removal of such officers from law enforcement duties, and subjects supervisors and senior executives to personnel actions including ineligibility for bonuses, reassignment, pay reduction, or removal. It bars use of appropriated funds for noncompliant training or deployment, withholds funds until compliance is restored, and directs agency inspectors general to review hiring, training, and deployment practices and report violations to agency heads, the Attorney General or Secretary of Homeland Security, OMB, and the Judiciary and Appropriations Committees of Congress.

This section clarifies that application of the Act to prior conduct or convictions determines present suitability for federal law enforcement officer positions without constituting retroactive punishment. It also provides that the Act does not limit the legal effect of pardons for purposes other than employment eligibility, impose additional criminal penalties, create a private right of action, or restrict federal agencies from imposing hiring standards beyond those required under the Act.

This section provides that if any provision of the Act is held invalid, the remainder of the Act and its application to other persons or circumstances remain in effect.

This section delays the effective date of the Act until 30 days after enactment, except that the Secretary of Homeland Security, the Attorney General, and heads of other federal law enforcement agencies may take necessary preparatory actions beforehand.