49 U.S.C. § 44909 : US Code - Section 44909: Passenger manifests

Search 49 U.S.C. § 44909 : US Code - Section 44909: Passenger manifests

(a) Air Carrier Requirements. - (1) Not later than March 16,
1991, 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 -
(A) not later than one hour after that carrier is notified of
an aviation disaster outside the United States involving that
flight; or
(B) 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.
(2) The passenger manifest should include the following
information:
(A) the full name of each passenger.
(B) the passport number of each passenger, if required for
travel.
(C) the name and telephone number of a contact for each
passenger.
(3) 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.
(b) Foreign Air Carrier Requirements. - 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.
(c) Flights in Foreign Air Transportation to the United States. -

(1) In general. - Not later than 60 days after the date of
enactment of the Aviation and Transportation Security Act, 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 Customs 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.
(2) Information. - A passenger and crew manifest for a flight
required under paragraph (1) shall contain the following
information:
(A) The full name of each passenger and crew member.
(B) The date of birth and citizenship of each passenger and
crew member.
(C) The sex of each passenger and crew member.
(D) The passport number and country of issuance of each
passenger and crew member if required for travel.
(E) The United States visa number or resident alien card
number of each passenger and crew member, as applicable.
(F) Such other information as the Under Secretary, in
consultation with the Commissioner of Customs, determines is
reasonably necessary to ensure aviation safety.
(3) Passenger name records. - The carriers shall make passenger
name record information available to the Customs Service upon
request.
(4) Transmission of manifest. - 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.
(5) Transmission of manifests to other federal agencies. - Upon
request, information provided to the Under Secretary or the
Customs Service under this subsection may be shared with other
Federal agencies for the purpose of protecting national security.
(6) Prescreening international passengers. -
(A) In general. - Not later than 60 days after date of
enactment of this paragraph, 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.
(B) Appeal procedures. -
(i) In general. - 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.
(ii) Records. - The process shall include the establishment
of a method by which the Secretary 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 to
authenticate the identity of such a passenger or individual.