[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4001 Introduced in House (IH)]







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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Rights for International 
Travelers Act''.

SEC. 2. PROHIBITION ON RACIAL OR OTHER DISCRIMINATORY PROFILING BY THE 
              UNITED STATES CUSTOMS SERVICE.

    United States Customs Service inspectors or other officials shall 
not subject travelers to detention, pat down searches, intrusive 
nonroutine searches, or similar investigative actions, based in whole 
or in part on the actual or perceived race, religion, gender, national 
origin, or sexual orientation of the traveler, except when such 
inspectors or officials are acting upon specific information that a 
particular traveler suspected of engaging in specific illegal activity 
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 detentions 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 origin, 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 detentions 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 contraband from the traveler:
                    (A) A search involving the removal of some of a 
                person's clothing in the search for merchandise hidden 
                on a person's body, but not including 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 action 
                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 described 
                in subparagraphs (A) through (F) of paragraph (1).

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for fiscal 
2001 and each subsequent fiscal year such sums as may be necessary to 
carry out this Act.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriation under subsection (a) are authorized to 
remain available until expended.
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