Sec. 115. Standards of professional conduct
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/bill/113/hr/3163/ih/section-115·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not more than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall establish clear standards of professional conduct for interaction with the public, for all Customs and Border Protection agents, U.S. Border Patrol agents, Immigration and Customs Enforcement agents, and Agricultural Inspectors stationed within 100 miles of all land and marine borders and at ports of entry. These standards of professional conduct will provide agents with a better understanding of the prohibitions and limitations pertaining to their conduct and activities while representing the Department of Homeland Security.
These standards are intended to— alert agents to some of the more sensitive and often problematic matters involved in agent conduct; specify, where possible, actions and inactions that are contrary to and that conflict with the duties and responsibilities of Department of Homeland security agents; and guide agents in conducting themselves in a manner that reflects standards of deportment and professionalism. Department of Homeland Security agents stationed within 100 miles of all land and marine borders and at ports of entry— shall not violate any law or any agency policy, rule, or procedure; shall obey all lawful orders; shall not engage in any conduct or activities on- or off-duty that reflect discredit on the agents, tend to bring the agency into disrepute, or impair its efficient and effective operation; shall conduct themselves toward the public in a civil and professional manner that connotes a service orientation and that will foster public respect and cooperation; shall treat violators, or perceived violators, with respect and courtesy, guard against employing an officious or overbearing attitude or language that may belittle, ridicule, or intimidate the individual, or act in a manner that unnecessarily delays the performance of their duty; while recognizing the need to demonstrate authority and control over suspects and detainees, agents shall adhere to this agency’s use-of-force policy and shall observe the civil rights and protect the well-being of those in their charge; and shall not use their agency powers to resolve personal grievances (e.g., those involving the officer, family members, relatives, or friends) with individuals.
In cases where there is personal involvement with a member of the public that would reasonably require law enforcement intervention, agents shall summon other on-duty personnel and a supervisor. The Department of Homeland Security shall develop and implement a plan that applies the aforementioned standards in officer evaluation and supervisor evaluation. This plan shall include the following provisions to ensure responsibility and protect civil rights: Adherence to the standards of professional conduct shall be a central criterion in the change from probationary to journeyman status, as well as periodic evaluations and promotions of officers.
Managers and senior officers will be held responsible for— performance according to these standards; assessments of subordinates according to these standards; and performance of their subordinates on these standards, with meaningful penalties to supervisors for failures of subordinates to adhere to such standards. The Department shall establish strong penalties for failures to follow the standards of professional conduct that were unaddressed until exposed by complaint processes or Inspector General investigations.
However, organizational peers and superiors who uncover and act on failures or abuses shall be exempt from such penalties. Agents should not be indemnified when it is determined that a violation of civil rights standards occurred. The standards of conduct set forth in this section are not intended to serve as an exhaustive treatment of requirements, limitations, or prohibitions on agent conduct and activities established by the Secretary of Homeland Security. The standards of conduct established under this section shall be posted at all ports of entry in locations easily viewed by members of the public.
Not more than 180 days after enactment, the Secretary shall, in consultation with the Office of Civil Rights and Civil Liberties, establish a uniform and standardized process for the public regarding complaints against all Customs and Border Protection agents, U.S. Border Patrol agents, and Agricultural Inspectors for violations of standards of professional conduct. The complaint process shall— quickly review, effectively investigate, meaningfully resolve complaints and identify patterns of abuse or malfeasance and be accessible, transparent, consistent, effective, and fair; apply uniformly to all Border Patrol Sectors and Ports of Entry; specify to whom, how, and where complaints are to be filed; be visible to the public at all ports of entry and interior checkpoints, and be accessible in multiple languages; receive staff and funding commensurate with the quantity of complaints submitted and with the funding disbursed to Department enforcement initiatives; establish a publicly accessible national, standardized database capable of tracking and analyzing complaints and their resolution; and provide publicly accessible records, with copies of complaints and their resolutions permanently preserved and available for inspection, while maintaining the confidentiality of complainants’ identities.
The following shall apply to all complainants: Any interested party may file a complaint through the complaint procedure, including a legal representative. Complainants shall be protected from retaliatory action by law enforcement. No officer of the U.S. may use the information from a complaint to initiate removal proceedings or removals against any person filing a complaint or identified in the complaint, nor remove any individual involved in a complaint while the complaint is pending.
There shall be no publication of information to related to an individual involved in a complaint which would result in identification of the individual. Complainants shall receive full assistance from the Department in filing complaints, including language assistance, accommodations for disabilities, and accurate and complete responses to their questions. The Secretary shall report annually to the following Congressional Committees on the number and type of complaints received in each sector, demographic of complainants, results of investigations including violations of standards and any disciplinary actions taken, and identifying any complaint patterns that could be prevented or reduced by policy or practice changes— the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate; the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives; and the Committee on Oversight and Government Reform of the House of Representatives.