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Code · BILL · 117th Congress · S. 348 (Introduced in Senate) — To provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern... · Sec. 2304

Sec. 2304. Training and continuing education

1,646 words·~7 min read·/bill/117/s/348/is/section-2304

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The Secretary is authorized to 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 training upon onboarding regarding accountability, standards for professional and ethical conduct, and oversight. The training required under subsection
(a)shall include— best practices in community policing, cultural awareness, and carrying out enforcement actions near sensitive locations, responding to grievances, and how to refer complaints to the Immigration Detention Ombudsman; interaction with vulnerable populations; and standards of professional and ethical conduct. The Secretary shall 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 subsection
(a)to participate in continuing education. Continuing education required under paragraph
(1)shall include training regarding— the protection of the civil, constitutional, human, and privacy rights of individuals; and use of force policies applicable to agents and officers. Courses offered as part of continuing education under this subsection shall be administered in coordination with the Federal Law Enforcement Training Centers. Section 411 of the Homeland Security Act of 2002 ( 6 U.S.C. 211 ) is amended— in subsection (l)— by striking The Commissioner and inserting the following: The Commissioner ; and by adding at the end the following: Beginning not later than 6 months after the date of the enactment of the U.S. Citizenship Act , the Commissioner shall make available, in each U.S. Border Patrol sector, at no cost to U.S. Border Patrol agents selected for such training, emergency medical technician (referred to in this paragraph as EMT ) and paramedic training, including pediatric medical training, which shall utilize nationally recognized pediatric training curricula that includes emergency pediatric care. A U.S. Border Patrol agent shall be credited with work time for any EMT or paramedic training provided to such agent under clause
(i)in order to achieve or maintain an EMT or paramedic certification. A U.S. Border Patrol agent shall not accrue any debt of obligated overtime hours that the agent may have incurred, pursuant to section 5550(b) of title 5, United States Code, in order to achieve or maintain a paramedic certification. Lodging and per diem shall be made available to U.S. Border Patrol agents attending training described in clause
(i)if such training is not available at a location within commuting distance of the agent’s residence or worksite. Any U.S. Border Patrol agent who completes a certification preparation program pursuant to clause
(i)shall— complete 1 year of service as a U.S. Border Patrol agent following the completion of EMT training; complete 3 years of service as a U.S. Border Patrol agent following the completion of paramedic training; or reimburse U.S. Customs and Border Protection in an amount equal to the product of— the cost of providing such training to such agent; multiplied by the percentage of the service required under subclauses
(I)and
(II)that the agent failed to complete. A U.S. Border Patrol agent who has completed EMT training pursuant to subparagraph (A)(i) and has a current, State-issued or State-recognized certification as an EMT shall receive, in addition to the pay to which the agent is otherwise entitled under this section, an amount equal to 5 percent of such pay. A U.S. Border Patrol agent who has completed paramedic training pursuant to subparagraph (A)(i) and has a current, State-issued or State-recognized certification as a paramedic shall receive, in addition to the pay to which the agent is otherwise entitled under this section (except for subparagraph (A)), an amount equal to 10 percent of such pay. A U.S. Border Patrol agent who did not participate in the training made available pursuant to subparagraph (A)(i), but, as of the date of the enactment of the U.S. Citizenship Act , has a current State-issued or State-recognized EMT or paramedic certification, shall receive, in addition to the pay to which the agent is otherwise entitled under this section (excluding the application of clause
(i)and (ii)), an amount equal to— 5 percent of such pay for an EMT certification; and 10 percent of such pay for a paramedic certification. Not later than 6 months after the date of the enactment of the U.S. Citizenship Act , the Commissioner of U.S. Customs and Border Protection shall— ensure that— U.S. Border Patrol agents with current EMT or paramedic certifications are stationed at each U.S. Border Patrol sector and remote station along the southern border to the greatest extent possible; not fewer than 10 percent of all U.S. Border Patrol agents assigned to each U.S. Border Patrol sector have EMT certifications; and not fewer than 1 percent of all U.S. Border Patrol agents assigned to each U.S. Border Patrol sector have paramedic certifications; and in determining the assigned posts of U.S. Border Patrol agents who have received training under subparagraph (A)(i), give priority to remote stations and forward operating bases. The Commissioner of U.S. Customs and Border Protection shall provide minimum medical supplies to each U.S. Border Patrol agent with an EMT or paramedic certification and to each U.S. Border Patrol sector, including all remote stations and forward operating bases, for use while on patrol, including— supplies designed for children; first aid kits; and oral hydration, such as water. In developing the minimum list of medical supplies required under clause (i), the Commissioner shall consult national organizations with expertise in emergency medical care, including emergency medical care of children. The Commissioner of U.S. Customs and Border Protection shall make available appropriate motor vehicles to U.S. Border Patrol agents with current EMT or paramedic certifications to enable them to provide necessary emergency medical assistance. Not later than 3 years after the date of the enactment of the U.S. Citizenship Act , the Comptroller General of the United States shall— review the progress of the U.S. Customs and Border Protection’s promotion in reaching the goal of up to 10 percent of all U.S. Border Patrol agents having EMT or paramedic certifications; and provide a recommendation to Congress as to whether— the Commissioner of U.S. Customs and Border Protection has effectively and vigorously undertaken an agency-wide effort to encourage and promote the mandate for medical training for U.S. Border Patrol agents under this paragraph; additional incentive modifications are needed to achieve or maintain the goal, including pay differentials; and the 10 percent goal is properly scoped to materially contribute to the preservation of life and the effectiveness and efficiency of U.S. Border Patrol operations, including whether the number is too high or too low. ; and in subsection (r), by striking section, the terms and inserting the following: “section— the term child means any individual who has not reached 18 years of age; and the terms . There are authorized to be appropriated such sums as may be necessary to carry out section 411(l)(2) of the Homeland Security Act of 2002, as added by paragraph (1). Beginning on the date that is 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall require all U.S. Border Patrol agents, including agents with EMT or paramedic certification, to complete an online training program that meets nationally recognized standards for the medical care of children to enable U.S. Border Patrol agents— to identify common signs of medical distress in children; and to ensure the timely transport of sick or injured children to an appropriate medical provider. In developing or selecting an online training program under subparagraph (A), the Commissioner may enter into a contract with a national professional medical association of pediatric medical providers. The Commissioner of U.S. Customs and Border Protection shall ensure that all remote U.S. Border Patrol stations, forward operating bases, and remote ports of entry along the southern border of the United States have 24-hour voice access to a medical command physician whose board certification includes the ability to perform this role or a mid-level health care provider with pediatric training for consultations regarding the medical needs of individuals, including children, taken into custody near the United States border. Access under subparagraph
(A)may be accomplished through mobile phones, satellite mobile radios, or other means prescribed by the Commissioner. The Commissioner of U.S. Customs and Border Protection shall establish a program to expedite detainee transport to border patrol processing facilities by ensuring, beginning not later than 1 year after the date of the enactment of this Act, that— not fewer than 300 U.S. Border Patrol agents assigned to remote U.S. Border Patrol stations have a commercial driver’s license with a passenger endorsement for detainee transport; in each of the El Paso, Laredo, Rio Grande Valley, San Diego, Yuma, and Tucson U.S. Border Patrol Sectors— not fewer than 5 U.S. Border Patrol agents with a commercial driver’s license are available during every shift; and not fewer than 3 buses are assigned to the sector; and in each of the Big Bend, Del Rio, and El Centro U.S. Border Patrol Sectors— not fewer than 2 U.S. Border Patrol agents with a commercial driver’s license are available during every shift; and not fewer than 1 bus is assigned to the sector. Buses assigned to specific U.S. Border Patrol sectors pursuant to paragraph
(1)may be relocated to other sectors in response to changing patterns. The Commissioner of U.S. Customs and Border Protection shall ensure that sufficient buses are available in each U.S. Border Patrol sector to avoid subjecting detainees to long wait times at remote border patrol stations. A U.S. Border Patrol agent shall be credited with work time for the process of obtaining and maintaining a commercial driver’s license under paragraph (1). The Secretary shall submit quarterly reports regarding the average length of detainees’ stay at U.S. Border Patrol stations to— the Committee on Homeland Security and Governmental Affairs of the Senate ; and the Committee on Homeland Security of the House of Representatives .
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Sec. 2304
Training and continuing education
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