49 U.S.C. § 44909 — Passenger manifests
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 707 words · no verdicts yet
This section requires passenger and crew manifests for certain flights and sets the information they must contain. It also requires international prescreening, watchlist appeals, and correction records.
(a) Air carriers. (1) The Secretary of Transportation must require each air carrier to give a passenger manifest to an appropriate State Department representative within one hour after being told of an aviation disaster outside the United States involving that flight, or as quickly as possible and no later than three hours if one-hour compliance is not technologically feasible or reasonable. (2) The manifest should list each passenger’s full name, passport number if travel requires one, and a contact’s name and telephone number. (3) The Secretary must consider whether carriers should collect this information as a condition of boarding. (b) Foreign carriers. The Secretary must consider imposing comparable requirements on foreign carriers. (c) Flights to the United States. (1) Each air or foreign air carrier operating a passenger flight to the United States must electronically give the CBP Commissioner a passenger-and-crew manifest with paragraph (2) information. A carrier may use the advance passenger information system under section 431 of the Tariff Act of 1930. (2) The manifest must contain each passenger’s and crew member’s full name, birth date and citizenship, sex, passport number and issuing country when required for travel, United States visa or resident-alien-card number when applicable, and other information the TSA Administrator, consulting CBP, reasonably needs for aviation safety. (3) Carriers must provide passenger-name-record information to Customs on request. (4) Subject to paragraphs (5) and (6), the manifest must be sent to Customs before landing, in the time, manner, and form Customs prescribes. (5) On request, information given to TSA or Customs may be shared with other Federal agencies to protect national security. (6) International prescreening. (A) The Homeland Security Secretary or designee must propose a rule allowing DHS, before departure, to compare information for any international flight to or from the United States with the Federal Government’s consolidated and integrated terrorist watchlist. (B) The Secretary must create a timely and fair appeal process for people identified as threats and let them correct wrong information. The process must also create records of people wrongly identified and later corrected, with information the Secretary decides is needed to authenticate their identities and prevent repeated delays.
The Secretary of Transportation shall require each air carrier to provide a passenger manifest for a flight to an appropriate representative of the Secretary of State—
not later than one hour after that carrier is notified of an aviation disaster outside the United States involving that flight; or
if it is not technologically feasible or reasonable to comply with clause (A) of this paragraph, then as expeditiously as possible, but not later than 3 hours after the carrier is so notified.
The passenger manifest should include the following information:
the full name of each passenger.
the passport number of each passenger, if required for travel.
the name and telephone number of a contact for each passenger.
In carrying out this subsection, the Secretary of Transportation shall consider the necessity and feasibility of requiring air carriers to collect passenger manifest information as a condition for passengers boarding a flight of the carrier.
The Secretary of Transportation shall consider imposing a requirement on foreign air carriers comparable to that imposed on air carriers under subsection (a)(1) and (2) of this section.
Each air carrier and foreign air carrier operating a passenger flight in foreign air transportation to the United States shall provide to the Commissioner of U.S. Customs and Border Protection by electronic transmission a passenger and crew manifest containing the information specified in paragraph (2). Carriers may use the advanced passenger information system established under section 431 of the Tariff Act of 1930 (19 U.S.C. 1431) to provide the information required by the preceding sentence.
A passenger and crew manifest for a flight required under paragraph (1) shall contain the following information:
The full name of each passenger and crew member.
The date of birth and citizenship of each passenger and crew member.
The sex of each passenger and crew member.
The passport number and country of issuance of each passenger and crew member if required for travel.
The United States visa number or resident alien card number of each passenger and crew member, as applicable.
Such other information as the Administrator of the Transportation Security Administration, in consultation with the Commissioner of U.S. Customs and Border Protection, determines is reasonably necessary to ensure aviation safety.
The carriers shall make passenger name record information available to the Customs Service upon request.
Subject to paragraphs (5) and (6), a passenger and crew manifest required for a flight under paragraph (1) shall be transmitted to the Customs Service in advance of the aircraft landing in the United States in such manner, time, and form as the Customs Service prescribes.
Upon request, information provided to the Administrator of the Transportation Security Administration or the Customs Service under this subsection may be shared with other Federal agencies for the purpose of protecting national security.
The Secretary of Homeland Security, or the designee of the Secretary, shall issue a notice of proposed rulemaking that will allow the Department of Homeland Security to compare passenger information for any international flight to or from the United States against the consolidated and integrated terrorist watchlist maintained by the Federal Government before departure of the flight.
The Secretary of Homeland Security shall establish a timely and fair process for individuals identified as a threat under subparagraph (A) to appeal to the Department of Homeland Security the determination and correct any erroneous information.
The process shall include the establishment of a method by which the Secretary of Homeland Security will be able to maintain a record of air passengers and other individuals who have been misidentified and have corrected erroneous information. To prevent repeated delays of misidentified passengers and other individuals, the Department of Homeland Security record shall contain information determined by the Secretary of Homeland Security to authenticate the identity of such a passenger or individual.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1211; Pub. L. 106–181, title VII, § 718, Apr. 5, 2000, 114 Stat. 163; Pub. L. 107–71, title I, § 115, Nov. 19, 2001, 115 Stat. 623; Pub. L. 108–458, title IV, § 4012(a)(2), Dec. 17, 2004, 118 Stat. 3717; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210; Pub. L. 115–254, div. K, title I, § 1991(d)(8), Oct. 5, 2018, 132 Stat. 3633.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1211
- 2000Amended · Pub. L. 106-181 · 114 Stat. 163
- 2001Amended · Pub. L. 107-71 · 115 Stat. 623
- 2004Amended · Pub. L. 108-458 · 118 Stat. 3717
- 2016Amended · Pub. L. 114-125 · 130 Stat. 210
- 2018Amended · Pub. L. 115-254 · 132 Stat. 3633
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
all 0 arguments · sorted by: best
no arguments yet — make the first case