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49 U.S.C. § 44909 — Passenger manifests

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44909 — Passenger manifests

**(a) Air Carrier Requirements.—** (1) 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.—** — 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. 1

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Source location: Title 49, Chapter 449, § 44909; chapter-449-security.md

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**(a) Air Carrier Requirements.—** (1) 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.—** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1431&num=0&edition=prelim)) 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 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. (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 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. (6) **Prescreening international passengers.—** (A) *In general.—* — 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 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.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 106 — Federal Aviation Administration

**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation. **(b) Administration Leadership.—** (1) **Administrator.—** (A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. (B) *Qualifications.—* — The Administrator shall— (i) be a citizen of the United States; (ii) not be an active duty member of the Armed Forces; (iii) not have retired from the Armed Forces within the 7 years preceding nomination; and (iv) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office. (D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years. (E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. (2) **Deputy administrator.—** (A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President. (B) *Qualifications.—* — The Deputy Administrator shall— (i) be a citizen of the United States; and (ii) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 211 — National Urban Security Technology Laboratory

**(a) In general** The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under [section 188(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section188/c/2&num=0&edition=prelim). Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism. **(b) Laboratory described** The laboratory described in this subsection is the laboratory— (1) known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and (2) transferred to the Department pursuant to [section 183(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section183/1/E&num=0&edition=prelim). **(c) Laboratory activities** The National Urban Security Technology Laboratory shall— (1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers; (2) act as a technical advisor to emergency response providers; and (3) carry out other such activities as the Secretary determines appropriate. **(d) Rule of construction** Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1431 — Manifests

**(a) In general** Every vessel required to make entry under [section 1434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1434&num=0&edition=prelim) or obtain clearance under [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim) shall have a manifest that complies with the requirements prescribed under subsection (d). **(b) Production of manifest** Any manifest required by the Customs Service shall be signed, produced, delivered or electronically transmitted by the master or person in charge of the vessel, aircraft, or vehicle, or by any other authorized agent of the owner or operator of the vessel, aircraft, or vehicle in accordance with the requirements prescribed under subsection (d). A manifest may be supplemented by bill of lading data supplied by the issuer of such bill. If any irregularity of omission or commission occurs in any way in respect to any manifest or bill of lading data, the owner or operator of the vessel, aircraft or vehicle, or any party responsible for such irregularity, shall be liable for any fine or penalty prescribed by law with respect to such irregularity. The Customs Service may take appropriate action against any of the parties. **(c) Public disclosure of certain manifest information** (1) Except as provided in subparagraph (2), the following information, when contained in a vessel vessel 11 So in original. or aircraft manifest, shall be available for public disclosure: (A) The name and address of each importer or consignee and the name and address of the shipper to such importer or consignee, unless the importer or consignee has made a biennial certification, in accordance with procedures adopted by the Secretary

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1431

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 46301 — Civil penalties

**(a) General Penalty.—** (1) A person is liable to the United States Government for a civil penalty of not more than $75,000 (or $1,100 if the person is an individual or small business concern) for violating— (A) chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117), chapter 411, chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714), chapter 419, subchapter II or III of chapter 421, chapter 423 (except section 42306), chapter 441 (except section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 448, chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), chapter 451, section 47107(a)(22) (including any assurance made under such section), section 47107(b) (including any assurance made under such section), or [section 47133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47133&num=0&edition=prelim); (B) a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies; (C) any term of a certificate or permit issued under section 41102, 41103, or 41302 of this title; or (D) a regulation of the United States Postal Service under this part. (2) A separate violation occurs under this subsection for each day the violation (other than a violation of section 41719) continues or, if applicable, for each flight involving the violation (other than a violation of section 41719). (3) **Penalty for diversion of aviation revenues.—** — The amount of a civil penalty assessed under this section for a violation of [section 47107(b) of this title](https://usc

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 46301

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1431 — Manifests

Page 155 TITLE 19—CUSTOMS DUTIES § 1431 tence, nothing in this section shall be treated as amending, repealing, or otherwise modifying title IV of the Tariff Act of 1930 or regulations promulgated there- under.’’ Subsec. (a)(3)(G). Pub. L. 107–295, § 108(b)(3)(C), in- serted ‘‘cargo’’ after ‘‘confidential’’ and ‘‘pursuant to such regulations, except for the manifest information collected pursuant to section 431 of the Tariff Act of 1930 and required to be available for public disclosure pursuant to section 431(c) of such Act.’’ after ‘‘Customs Service’’ and struck out at end ‘‘However, this param- eter does not repeal, amend, or otherwise modify other provisions of law relating to the public disclosure of in- formation transmitted to the Customs Service.’’ Subsec. (a)(3)(H). Pub. L. 107–295, § 108(b)(3)(A), sub- stituted ‘‘cargo safety and security’’ for ‘‘aviation, maritime, and surface transportation safety and secu- rity’’. Subsec. (a)(3)(L). Pub. L. 107–295, § 108(b)(3)(D)(i)(II), which directed the substitution of ‘‘publication of a final rule pursuant to this section’’ for ‘‘promulgation of regulations’’ in introductory provisions, was exe- cuted by making the substitution for ‘‘promulgation of the regulations’’ to reflect the probable intent of Con- gress. Pub. L. 107–295, § 108(b)(3)(D)(i)(I), substituted ‘‘15 days’’ for ‘‘60 days’’ in introductory provisions. Subsec. (a)(3)(L)(ii). Pub. L. 107–295, § 108(b)(3)(A), sub- stituted ‘‘cargo safety and security’’ for ‘‘aviation, maritime, and surface transportation safety and secu- rity’’. Subsec. (a)(3)(L)(v). Pub. L. 107–295, § 108(b)(3)(D)(ii)–(iv), added cl. (v). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representati

Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1431

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44909 — Passenger manifests

Page 1475 TITLE 49—TRANSPORTATION § 44909 specific threat intelligence, the Administrator shall immediately direct TSA personnel to rescreen pas- sengers and baggage arriving from an airport outside the United States and identify enhanced measures that should be implemented at that airport. ‘‘(d) NOTIFICATION TO CONGRESS.—Not later than 1 day after the date that the Administrator determines that a foreign air carrier is in violation of part 1546 of title 49, Code of Federal Regulations, or any other applicable security requirement, the Administrator shall notify the appropriate committees of Congress. ‘‘(e) DECISIONS NOT SUBJECT TO JUDICIAL REVIEW.— Notwithstanding any other provision of law, any deci- sion of the Administrator under subsection (a)(1) relat- ing to consultation or notification shall not be subject to judicial review.’’ § 44908. Travel advisory and suspension of for- eign assistance (a) TRAVEL ADVISORIES.—On being notified by the Administrator of the Transportation Secu- rity Administration that the Administrator of the Transportation Security Administration has decided under section 44907(d)(2)(A)(ii) of this title that a condition exists that threatens the security of passengers, aircraft, or crew trav- eling to or from a foreign airport that the Ad- ministrator of the Transportation Security Ad- ministration has decided under section 44907 of this title does not maintain and carry out effec- tive security measures, the Secretary of State— (1) immediately shall issue a travel advisory for that airport; and (2) shall publicize the advisory widely. (b) SUSPENDING ASSISTANCE.—The President shall suspend assistance provided under the For- eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms Export Control Act (22 U.S.C. 2

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 44909

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