[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2561 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2561

To protect the United States by targeting terrorists at the border, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2007

   Mr. Dent introduced the following bill; which was referred to the 
                     Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
To protect the United States by targeting terrorists at the border, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fast and Secure Travel at the 
Borders Act of 2007'' or the ``FAST Borders Act of 2007''.

SEC. 2. FINDINGS OF THE 9/11 COMMISSION.

    Congress finds that the National Commission on Terrorist Attacks 
Upon the United States (commonly referred to as the 9/11 Commission) 
concluded the following:
     (a) ``The small terrorist travel intelligence collection and 
analysis program currently in place has produced disproportionately 
useful results. It should be expanded. Since officials at the border 
encounter 12 travelers and their documents first and investigate travel 
facilitators, they must work closely with intelligence officials.''.
    (b) ``Information systems able to authenticate travel documents and 
detect potential terrorist indicators should be used at consulates, at 
primary border inspection lines, in immigration service offices, and 
intelligence and enforcement units.''.
    (c) ``The President should direct the Department of Homeland 
Security to lead the effort to design a comprehensive screening system, 
addressing common problems and setting common standards with systemwide 
goals in mind.''.
    (d) ``A screening system looks for particular, identifiable 
suspects or indicators of risk. It does not involve guesswork about who 
might be dangerous. It requires frontline border officials who have the 
tools and resources to establish that people are who they say they are, 
intercept identifiable suspects, and disrupt terrorist operations.''.

SEC. 3. AUTOMATED TARGETING SYSTEM FOR PERSONS ENTERING OR DEPARTING 
              THE UNITED STATES.

    (a) In General.--The Secretary of Homeland Security, acting through 
the Commissioner of Customs and Border Protection, may establish an 
automated system for the purpose of the enforcement of United States 
law, including laws relating to antiterrorism and border security, to 
assist in the screening of persons seeking to enter or depart the 
United States (in this section referred to as the ``system'').
    (b) Administrative Process To Correct Information.--The Secretary, 
acting through the Commissioner, shall ensure that an administrative 
process is established, or application of an existing administrative 
process is extended, pursuant to which any individual may apply to 
correct any information retained by the system established under 
subsection (a). Nothing in this section shall be construed as creating 
a private right of action and no court shall have jurisdiction based on 
any of the provisions of this section to hear any case or claim arising 
from the application of the system or the corrective administrative 
process established or applied under this subsection.
    (c) Rule of Construction.--Nothing in this section shall be 
construed as abrogating, diminishing, or weakening the provisions of 
any Federal or State law that prevents or protects against the 
unauthorized collection or release of personal records.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out this section.

SEC. 4. PASSENGER AND CREW MANIFESTS FOR VESSELS, VEHICLES, AND 
              AIRCRAFT ARRIVING IN OR DEPARTING FROM THE UNITED STATES.

    Part II of title IV of the Tariff Act of 1930 (19 U.S.C. 1431 et 
seq.) is amended by inserting after section 434 the following new 
section:

``SEC. 435. PASSENGER AND CREW MANIFESTS FOR VESSELS, VEHICLES, AND 
              AIRCRAFT ARRIVING IN OR DEPARTING FROM THE UNITED STATES.

    ``(a) Passenger and Crew Manifests Required.--The Commissioner of 
United States Customs and Border Protection of the Department of 
Homeland Security may require each vessel, vehicle, and aircraft 
arriving in the United States from, or departing the United States to, 
a foreign port or place to transmit to United States Customs and Border 
Protection a passenger manifest and crew manifest containing the 
information set forth in subsection (c) for each such arrival in or 
departure from the United States.
    ``(b) Transmission.--A passenger manifest and crew manifest 
required pursuant to subsection (a) shall be transmitted to United 
States Customs and Border Protection in advance of arrival in or 
departure from the United States in such manner, time, and form as the 
Commissioner of United States Customs and Border Protection may 
prescribe by regulations.
    ``(c) Information.--The information to be provided with respect to 
each person listed on a passenger manifest or crew manifest required 
pursuant to subsection (a) may include--
            ``(1) the person's complete name, date of birth, 
        citizenship, gender, passport number and country of issuance, 
        and alien registration number, if applicable; and
            ``(2) such other information as the Commissioner of United 
        States Customs and Border Protection determines is necessary to 
        enforce the customs, immigration, and other related laws of the 
        United States, to ensure the transportation security of the 
        United States, and to protect the national security of the 
        United States.
    ``(d) Civil Penalty.--Any person who fails to provide accurate and 
full information in a passenger manifest or crew manifest required 
pursuant to subsections (a) and (c) or regulations issued thereunder, 
or fails to provide the manifest in the manner prescribed pursuant to 
subsection (b) or regulations issued thereunder, may be liable for a 
civil penalty of not more than $5,000 with respect to each person 
listed on the manifest for whom such accurate or full information is 
not provided in accordance with such requirements.
    ``(e) Passenger Name Record Information.--
            ``(1) Requirement.--The Commissioner of United States 
        Customs and Border Protection may require each commercial 
        carrier arriving in the United States from, or departing the 
        United States to, a foreign port or place to make available to 
        United States Customs and Border Protection, upon the agency's 
        request, passenger name record information for each such 
        arrival in or departure from the United States in such manner, 
        time, and form as the Commissioner may prescribe by 
        regulations.
            ``(2) Civil penalty.--Any person who fails to provide 
        passenger name record information required pursuant to 
        paragraph (1) or fails to provide such information in the 
        manner prescribed by the Commissioner of United States Customs 
        and Border Protection may be liable for a civil penalty of not 
        more than $5,000 with respect to each person for whom such 
        information is not provided in accordance with such 
        requirements.
    ``(f) Sharing of Manifest and Passenger Name Record Information 
With Other Government Agencies.--The Commissioner of United States 
Customs and Border Protection may provide information contained in 
passenger and crew manifests and passenger name record information 
received pursuant to this section to other government authorities in 
order to protect the national security of the United States or as 
otherwise authorized by law.
    ``(g) Consideration of Economic Impact.--Prior to issuing any final 
regulation under this section, the Commissioner of United States 
Customs and Border Protection shall consult with stakeholders from the 
transportation industry and assess the economic impact that the 
regulation would have on private industry.
    ``(h) Savings Clause.--Nothing in this section abrogates, 
diminishes, or weakens the provisions of any Federal or State law that 
prevents or protects against the unauthorized collection or release of 
personal records.''.
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