Sec. 203. Training and continuing education
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/bill/116/hr/2203/rh/section-203·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Homeland Security shall establish policies and guidelines to ensure that every agent and officer of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement receives a minimum of 20 weeks of training upon onboarding that is directly related to the mission and 40 hours of training and continuing education annually thereafter, to include personnel in a supervisory or management position. Such training shall include training provided by attorneys outside of the Department of Homeland Security.
The Secretary of Homeland Security shall establish policies and guidelines governing training and continuing education of agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement regarding accountability, standards for professional and ethical conduct, and oversight. Such training shall address the following: Community relations, including the following: Best practices in community policing, cultural awareness, and carrying out enforcement actions near sensitive locations such as places of worship or religious ceremony, school or education-related place or event, courthouse or other civic building providing services accessible to the public, hospital, medical treatment, or health care facility, a public demonstration, or an attorney’s office, including a public defender or legal aid office.
Policies limiting location of enforcement and cooperation with local law enforcement. Best practices in responding to grievances and how to refer complaints to the Ombudsman for Border and Immigration Related Concerns in accordance with section 437 of the Homeland Security Act of 2002, as added by section 201 of this Act. Interaction with vulnerable populations, including instruction on screening, identifying, and responding to vulnerable populations, such as children, victims of human trafficking, and the acutely ill.
Standards of professional and ethical conduct, including the following: Lawful use of force, de-escalation tactics, and alternatives to the use of force. Complying with chain of command and lawful orders. Conduct and ethical behavior toward the public in a civil and professional manner. Civil rights and legal protections. Non-racially biased questioning. De-escalation tactics and alternatives to use of force. Permissible and impermissible social media activity. The Secretary of Homeland Security shall establish a review process to ensure that port supervisors and managers of U.S.
Customs and Border Protection and U.S. Immigration and Customs Enforcement, as the case may be, are evaluated annually on their actions and standards of conduct, and on the actions, situational and educational development, and standards of conduct of their staffs. The Secretary of Homeland Security shall annually require all agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement who are required to undergo training under subsections
(a)through
(c)to participate in continuing education to maintain and update understanding of Federal legal rulings, court decisions, and Department of Homeland Security policies, procedures, and guidelines related to the subject matters described in such subsections. Continuing education under this subsection shall include a course on protecting the civil, constitutional, human, and privacy rights of individuals, with special emphasis on the scope of enforcement authority, including chain of evidence practices and document seizure, and use of force policies available to agents and officers. Continuing education under this subsection shall also include a course on the following: Scope of authority to conduct immigration enforcement activities, including interviews, interrogations, stops, searches, arrests, and detentions, in addition to identifying and detecting fraudulent documents. Identifying, screening, and responsibility for vulnerable populations, such as children and victims of trafficking. Permissible and impermissible social media activity. Courses offered as part of continuing education under this subsection shall be administered by the Federal Law Enforcement Training Centers. Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that assesses the training and education, including continuing education, required under this section as well as its implementation.