110 HR 2561 IH: FAST Borders Act of 2007 U.S. House of Representatives 2007-06-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 2561 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.

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.

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..

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.

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:

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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