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. 2751 et seq.) to a country in which is located an airport with respect to which section 44907(d)(1) of this title becomes effective if the Secretary of State decides the country is a high terrorist threat country. The President may waive this subsection if the President decides, and reports to Congress, that the waiver is required because of national security interests or a humanitarian emergency. (c) ACTIONS NO LONGER REQUIRED.—An action required under this section is no longer required only if the Administrator of the Transportation Security Administration has made a decision as provided under section 44907(d)(4) of this title. The Administrator shall notify Congress when the action is no longer required to be taken. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1211; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2224(a), Oct. 21, 1998, 112 Stat. 2681–819; Pub. L. 115–254, div. K, title I, § 1991(d)(7), Oct. 5, 2018, 132 Stat. 3632.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44908(a) ...... 49 App.:1515a(a). Aug. 8, 1985, Pub. L. 99–83, § 552, 99 Stat. 226. 44908(b) ...... 49 App.:1515a(b). 44908(c) ...... 49 App.:1515a(c), (d). In subsection (a)(3), the words ‘‘take the necessary steps to’’ are omitted as surplus. In subsection (b), the words ‘‘all’’ and ‘‘the require- ments of’’ are omitted as surplus. Subsection (c) is substituted for 49 App.:1515a(c) and (d) to eliminate unnecessary words. Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables. The Arms Export Control Act, referred to in subsec. (b), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–254, § 1991(d)(7)(A), (B), in introductory provisions, substituted ‘‘Administrator of the Transportation Security Administration’’ for ‘‘Secretary of Transportation’’ wherever appearing and struck out ‘‘safety or’’ before ‘‘security of passengers’’. Subsec. (c). Pub. L. 115–254, § 1991(d)(7)(A), (C), sub- stituted ‘‘Administrator of the Transportation Secu- rity Administration’’ for ‘‘Secretary of Transpor- tation’’ and ‘‘The Administrator’’ for ‘‘The Secretary’’. 1998—Subsec. (a). Pub. L. 105–277 inserted ‘‘and’’ at end of par. (1), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: ‘‘shall publish the advisory in the Federal Register; and’’. § 44909. Passenger manifests (a) AIR CARRIER REQUIREMENTS.—(1) The Sec- retary 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 con- tact for each passenger. (3) In carrying out this subsection, the Sec- retary of Transportation shall consider the ne- cessity 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 im- posing 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 for- eign air transportation to the United States shall provide to the Commissioner of U.S. Cus- toms and Border Protection by electronic transmission a passenger and crew manifest containing the information specified in para- Page 1476 TITLE 49—TRANSPORTATION § 44909 graph (2). Carriers may use the advanced pas- senger 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 resi- dent alien card number of each passenger and crew member, as applicable. (F) Such other information as the Admin- istrator of the Transportation Security Ad- ministration, in consultation with the Com- missioner of U.S. Customs and Border Pro- tection, 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 re- quest. (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 Serv- ice 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, informa- tion 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 PAS- SENGERS.— (A) IN GENERAL.—The Secretary of Home- land Security, or the designee of the Sec- retary, shall issue a notice of proposed rule- making that will allow the Department of Homeland Security to compare passenger in- formation for any international flight to or from the United States against the consoli- dated and integrated terrorist watchlist maintained by the Federal Government be- fore departure of the flight. (B) APPEAL PROCEDURES.— (i) IN GENERAL.—The Secretary of Home- land 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 pas- sengers and other individuals who have been misidentified and have corrected er- roneous 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. (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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44909(a)(1) .. 49 App.:1380(a). Aug. 23, 1958, Pub. L. 85–726, § 410, 72 Stat. 769; Oct. 15, 1962, Pub. L. 87–820, § 8, 76 Stat. 936; restated Nov. 16, 1990, Pub. L. 101–604, § 203(a), 104 Stat. 3082. 44909(a)(2) .. 49 App.:1380(b). 44909(a)(3) .. 49 App.:1380 (note). Nov. 16, 1990, Pub. L. 101–604, § 203(b), 104 Stat. 3082. 44909(b) ...... 49 App.:1380 (note). Nov. 16, 1990, Pub. L. 101–604, § 203(c), 104 Stat. 3083. In subsection (a)(1), before clause (A), the words ‘‘each air carrier’’ are substituted ‘‘all United States air carriers’’ because of the definition of ‘‘air carrier’’ in section 40102(a) of the revised title. The words ‘‘an appropriate representative of the Secretary of State’’ are substituted for ‘‘appropriate representatives of the United States Department of State’’ because of 22:2651 and for consistency in the revised title and with other titles of the United States Code. In clause (B), the words ‘‘to comply with clause (A) of this paragraph’’ are substituted for ‘‘to fulfill the requirement of this subsection’’ for consistency in the revised title and with other titles of the Code. In subsection (a)(2), before clause (B), the words ‘‘For purposes of this section’’ are omitted as unnecessary. In subsection (a)(3), the words ‘‘In carrying out this subsection’’ are substituted for ‘‘In implementing the requirement pursuant to the amendment made by sub- section (a) of this section’’ for clarity and to eliminate unnecessary words. In subsection (b), the word ‘‘imposing’’ is added for clarity. The words ‘‘imposed on air carriers under sub- section (a)(1) and (2) of this section’’ are substituted for ‘‘imposed pursuant to the amendment made by sub- section (a)’’ for clarity and because of the restatement. Editorial Notes AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–254, § 1991(d)(8)(A), substituted ‘‘The’’ for ‘‘Not later than March 16, 1991, the’’ in introductory provisions. Subsec. (c)(1). Pub. L. 115–254, § 1991(d)(8)(B)(i), sub- stituted ‘‘Each’’ for ‘‘Not later than 60 days after the date of enactment of the Aviation and Transportation Security Act, each’’. Subsec. (c)(2)(F), (5). Pub. L. 115–254, § 1991(d)(8)(B)(ii), substituted ‘‘Administrator of the Transportation Se- curity Administration’’ for ‘‘Under Secretary’’. Subsec. (c)(6)(A). Pub. L. 115–254, § 1991(d)(8)(B)(iii)(I), substituted ‘‘The’’ for ‘‘Not later than 60 days after date of enactment of this paragraph, the’’. Subsec. (c)(6)(B)(ii). Pub. L. 115–254, § 1991(d)(8)(B)(iii)(II), substituted ‘‘the Secretary of Homeland Security will’’ for ‘‘the Secretary will’’ and ‘‘the Secretary of Homeland Security to’’ for ‘‘the Sec- retary to’’. 2004—Subsec. (c)(4). Pub. L. 108–458, § 4012(a)(2)(A), substituted ‘‘paragraphs (5) and (6),’’ for ‘‘paragraph (5),’’. Page 1477 TITLE 49—TRANSPORTATION § 44911 Subsec. (c)(6). Pub. L. 108–458, § 4012(a)(2)(B), added par. (6). 2001—Subsec. (c). Pub. L. 107–71 which directed the addition of subsec. (c) to section 44909, without speci- fying the Code title to be amended, was executed by making the addition to this section, to reflect the prob- able intent of Congress. 2000—Subsec. (a)(2). Pub. L. 106–181 substituted ‘‘should’’ for ‘‘shall’’ in introductory provisions. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Commissioner of U.S. Customs and Border Protec- tion’’ substituted for ‘‘Commissioner of Customs’’ in subsec. (c)(1) and (2)(F) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 44910. Agreements on aircraft sabotage, aircraft hijacking, and airport security The Secretary of State shall seek multilateral and bilateral agreement on strengthening en- forcement measures and standards for compli- ance related to aircraft sabotage, aircraft hi- jacking, and airport security. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1212.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44910 .......... 49 App.:1515 (note). Aug. 8, 1985, Pub. L. 99–83, § 556, 99 Stat. 227. § 44911. Intelligence (a) DEFINITION.—In this section, ‘‘intelligence community’’ means the intelligence and intel- ligence-related activities of the following units of the United States Government: (1) the Department of State. (2) the Department of Defense. (3) the Department of the Treasury. (4) the Department of Energy. (5) the Departments of the Army, Navy, and Air Force. (6) the Central Intelligence Agency. (7) the National Security Agency. (8) the Defense Intelligence Agency. (9) the Federal Bureau of Investigation. (10) the Drug Enforcement Administration. (b) POLICIES AND PROCEDURES ON REPORT AVAILABILITY.—The head of each unit in the in- telligence community shall prescribe policies and procedures to ensure that intelligence re- ports about terrorism are made available, as ap- propriate, to the heads of other units in the in- telligence community, the Secretary of Trans- portation, and the Administrator of the Trans- portation Security Administration. (c) UNIT FOR STRATEGIC PLANNING ON TER- RORISM.—The heads of the units in the intel- ligence community shall place greater emphasis on strategic intelligence efforts by establishing a unit for strategic planning on terrorism. (d) DESIGNATION OF INTELLIGENCE OFFICER.—At the request of the Secretary of Homeland Secu- rity, the Director of Central Intelligence shall designate at least one intelligence officer of the Central Intelligence Agency to serve in a senior position in the Office of the Secretary. (e) WRITTEN WORKING AGREEMENTS.—The heads of units in the intelligence community, the Secretary of Homeland Security, and the Administrator of the Transportation Security Administration shall review and, as appropriate, revise written working agreements between the intelligence community and the Administrator of the Transportation Security Administration. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1212; Pub. L. 107–71, title I, §§ 101(f)(7), (9), 102(b), (c), Nov. 19, 2001, 115 Stat. 603, 605; Pub. L. 115–254, div. K, title I, § 1991(d)(9), Oct. 5, 2018, 132 Stat. 3633.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44911(a) ...... 49 App.:1358d (note). Nov. 16, 1990, Pub. L. 101–604, § 111(e), 104 Stat. 3080. 44911(b) ...... 49 App.:1358d (note). Nov. 16, 1990, Pub. L. 101–604, § 111(a), 104 Stat. 3080. 44911(c) ...... 49 App.:1358d (note). Nov. 16, 1990, Pub. L. 101–604, § 111(b), 104 Stat. 3080. 44911(d) ...... 49 App.:1358d (note). Nov. 16, 1990, Pub. L. 101–604, § 111(c), 104 Stat. 3080. 44911(e) ...... 49 App.:1358d (note). Nov. 16, 1990, Pub. L. 101–604, § 111(d), 104 Stat. 3080. In this section, the word ‘‘units’’ is substituted for ‘‘agencies’’ for consistency in the revised title and with other titles of the United States Code. In subsections (b) and (e), the words ‘‘Not later than 180 days after the date of enactment of this Act’’ in sec- tion 111(a) and (d) of the Aviation Security Improve- ment Act of 1990 (Public Law 101–640, 104 Stat. 3080) are omitted as obsolete. In subsection (b), the words ‘‘the heads of other units in the intelligence community, the Secretary of Trans- portation, and the Administrator of the Federal Avia- tion Administration’’ are substituted for ‘‘other mem- bers of the intelligence community, the Department of Transportation, and the Federal Aviation Administra- tion’’ for clarity and consistency in the revised title and with other titles of the Code. In subsections (c) and (e), the words ‘‘heads of units in the intelligence community’’ are substituted for ‘‘in- telligence community’’ for clarity and consistency in the revised title and with other titles of the Code. In subsection (e), the words ‘‘memorandums of under- standing’’ are omitted as being included in ‘‘written working agreements’’.