HR 1996 IH

To prohibit racial or other discriminatory profiling relating to detentions and searches of travelers by the United States Customs Service, and for other purposes.

May 24, 2001

Mr. LEWIS of Georgia (for himself, Mr. HOUGHTON, Mr. ABERCROMBIE, Mr. ANDREWS, Mr. BRADY of Pennsylvania, Ms. BROWN of Florida, Ms. CARSON of Indiana, Mr. COYNE, Mr. CUMMINGS, Mr. DINGELL, Mr. FROST, Mr. JACKSON of Illinois, Mr. JEFFERSON, Ms. KILPATRICK, Ms. LEE, Mr. MCDERMOTT, Ms. MCKINNEY, Mr. MCNULTY, Mrs. MINK of Hawaii, Mr. RAHALL, Ms. RIVERS, Ms. SCHAKOWSKY, Mr. SCOTT, Mr. THOMPSON of Mississippi, Mr. TIERNEY, and Mr. WYNN) introduced the following bill; which was referred to the Committee on Ways and Means

To prohibit racial or other discriminatory profiling 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 2002 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.

END