I
106TH CONGRESS
2D SESSION
H. R. 4001
To amend the Tariff Act of 1930 relating to detentions and searches of
travelers by the United States Customs Service, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 16, 2000
Mr. LEWIS of Georgia (for himself and Mr. HOUGHTON) introduced the
following bill; which was referred to the Committee on Ways and Means
A BILL
To amend the Tariff Act of 1930 relating to detentions
and searches of travelers by the United States Customs
Service, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Civil Rights for Inter-
national Travelers Act’’.
SEC. 2. PROHIBITION ON RACIAL OR OTHER DISCRIMINA-
TORY PROFILING BY THE UNITED STATES
CUSTOMS SERVICE.
United States Customs Service inspectors or other of-
ficials shall not subject travelers to detention, pat down
searches, intrusive nonroutine searches, or similar inves-
tigative actions, based in whole or in part on the actual
or perceived race, religion, gender, national origin, or sex-
ual orientation of the traveler, except when such inspectors
or officials are acting upon specific information that a par-
ticular traveler suspected of engaging in specific illegal ac-
tivity is described by 1 or more of such characteristics.
SEC. 3. PERIODIC TRAINING OF UNITED STATES CUSTOMS
SERVICE PERSONNEL.
The Commissioner of the United States Customs
Service shall require all Customs Service inspectors and
other similar officials in the Customs Service to undergo
on a periodic basis training on the procedures for deten-
tions and searches of travelers, with particular emphasis
on the prohibition on profiling (as described in section 2)
of travelers based on race, religion, gender, national ori-
gin, or sexual orientation.
SEC. 4. ANNUAL STUDY AND REPORT ON DETENTIONS AND
SEARCHES OF TRAVELERS BY THE UNITED
STATES CUSTOMS SERVICE.
(a) STUDY.—The Commissioner of the United States
Customs Service shall conduct an annual study on deten-
tions and searches of travelers by the Customs Service
during the prior year. The study shall include the number
of searches of travelers by the Customs Service, the race,
gender, and national origin of the travelers subject to the
searches, the type of searches conducted (including but
not limited to pat down searches and intrusive nonroutine
searches), and the results of the searches.
(b) REPORT.—Not later than March 31 of each year,
the Commissioner of the Customs Service shall submit to
the Congress an annual report containing the results of
the study conducted under subsection (a) for the prior
year.
SEC. 5. DEFINITIONS.
In this Act:
(1) INTRUSIVE
NONROUTINE
SEARCH.—The
term ‘‘intrusive nonroutine search’’ means any of the
following actions taken to detect or remove contra-
band from the traveler:
(A) A search involving the removal of some
of a person’s clothing in the search for mer-
chandise hidden on a person’s body, but not in-
cluding removal of a person’s coat, shoes, belt,
or pocket contents (commonly referred to as a
‘‘strip search’’).
(B) A search involving use of a medical x-
ray to determine the presence of merchandise
within the body, or of other x-ray technology to
determine the presence of merchandise on the
body (commonly referred to as an ‘‘x-ray
search’’ or a ‘‘body scan search’’).
(C) Any visual or physical intrusion into
the rectal or vaginal cavity (commonly referred
to as a ‘‘body cavity search’’).
(D) Any action to require the traveler to
take a laxative or other similar drug.
(E) A monitored bowel movement.
(F) A surgical procedure.
(G) Any similar or related action to an ac-
tion described in any of subparagraphs (A)
through (F).
(2) PAT DOWN SEARCH.—The term ‘‘pat down
search’’—
(A) means a search that involves physical
contact with the traveler’s body or clothing
taken to detect or remove contraband from the
traveler; but
(B) does not include any of the actions de-
scribed in subparagraphs (A) through (F) of
paragraph (1).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated for fiscal 2001 and each subsequent fiscal year
such sums as may be necessary to carry out this Act.