CUSTOMS SEARCHES MUST BE UNBIASED BUT EFFECTIVE

Congress is considering legislation that would change the personal search
policies and practices of the U.S. Customs Service. A recent Chronicle
editorial ("Customary Abuse: Time for Congress to rein in overzealous drug
searches," Editorial page, Tuesday, May 25) implied that such legislation
is required because customs is incapable of making such changes. In fact,
customs has taken numerous steps to address the very serious issues raised
by personal searches. I fully support the congressional effort to codify
into law many of the reforms at customs.

In the past few months, several high-profile lawsuits have focused
attention on customs search practices at airports. The reports of women
being forced to undergo humiliating searches, being held involuntarily for
days and, ultimately, being found free of illegal drugs, are extremely
troubling.

Customs is given broader search powers than most law enforcement agencies
because of its unique position at the border. The Supreme Court has
repeatedly ruled that this search authority is necessary to protect America
from items that could threaten its national security or economic interests.
It is up to the Customs Service to see that these powers are not abused.

Today, customs inspectors are confronted with an extraordinary challenge.

Drug trafficking organizations are turning to desperate people who agree to
smuggle drugs inside their bodies. These "mules" serve as the preferred
smuggling method for Colombian heroin organizations. Each is capable of
swallowing about $250,000 worth of heroin. Some are trained how to act if
confronted by a customs officer.

Roughly 70 million passengers arrived in the Untied States on commercial
flights last year. Of those, about 2,500 were subjected to intrusive
customs searches. Only one-fourth of them were found to be carrying drugs.
Some of the innocent people have alleged that race was a factor in singling
them out for a search. Both the low success rate and the allegations of
racial bias are matters that I cannot ignore.

Since becoming commissioner of the Customs Service in August 1998, I have
instituted many reforms to address these issues. These include:

. Appointing a high-level government commission to review the allegations
of racial bias. This four-person commission has been given unfettered
access to the Customs Service to find any policies or practices that may be
racially biased. The commission is to report its findings in mid-July.

. Installing high-tech body scan machines at the Miami airport and New
York's Kennedy airport to offer an option to passengers selected for a
personal search. These machines alleviate the need to physically touch
someone, thereby reducing the intrusiveness of the search. The technology
also reduces the time needed for a search. Customs is buying eight more of
these devices for other airports.

. Training for every customs officer on cultural interaction and
interpersonal communications.

. Requiring supervisors to approve any search of a passenger that is more
intrusive than a baggage examination.

. Requiring the airport director (the highest-ranking customs official on
site) to authorize off-site x-ray exams of passengers.

. Putting customs lawyers on-call 24 hours a day to advise officers on
whether there is sufficient cause to proceed further with a search.

. Granting any passenger detained two hours for a personal search the
opportunity to have someone notified of their delay in customs. If a search
extends beyond 48 hours, customs officers must now obtain a court order to
continue the search.

. Installing new signs and printing pamphlets placed at major airports to
better inform passengers about the law and their rights under it.

. Printing new comment cards to give passengers a clear avenue to inform
customs about their experience.

. Assigning passenger service representatives, who receive special
training, to processing areas in major airports to assist passengers with
any question they may have.

There is no room in the Customs Service for racial bias, perceived or real.
It must be identified and dealt with forcefully and immediately. I will not
allow individual rights to become casualties in the war on drugs.

U.S. Rep. John Lewis, D-Ga., has proposed legislation to compel some of
these changes. I support his legislation. It will further solidify internal
reforms that I believe are good for both customs and the traveling public.

Clearly we need to be more effective. But we cannot abandon the fight. The
number of people admitted to emergency rooms for heroin overdoses has
doubled in the past decade. Many never make it to the emergency room. A few
weeks ago, former Dallas Cowboys star Mark Tuinei died at home after his
first shot of heroin. Unfortunately, much of this heroin is brought into
America by air passengers. It is the job of customs inspectors to identify
these smugglers and seize their drugs. Customs cannot walk away for this
responsibility.

I have committed the Customs Service to a new purpose. We are taking many
steps to ensure fairness in our searches and improve our success rate.
Racial bias is not customs policy and it must not be customs practice. When
passengers arrive in the United States, they should be met by customs
officers who are pleasant, professional, and above all, fair. Passengers
must be treated with respect and civility. I expect no less of custom
officers and the traveling public should expect no less.