[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5221 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5221

  To amend title 49, United States Code, to require air carriers and 
 foreign air carriers to transmit a passenger and crew manifest for a 
 flight in foreign air transportation to or from the United States to 
  the Commissioner of U.S. Customs and Border Protection at least 24 
   hours before the departure of the flight, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2010

  Mrs. Lowey introduced the following bill; which was referred to the 
                     Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
  To amend title 49, United States Code, to require air carriers and 
 foreign air carriers to transmit a passenger and crew manifest for a 
 flight in foreign air transportation to or from the United States to 
  the Commissioner of U.S. Customs and Border Protection at least 24 
   hours before the departure of the flight, 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. PASSENGER MANIFESTS.

    (a) In General.--Section 44909(c) of title 49, United States Code, 
is amended--
            (1) in the subsection heading by striking ``to the United 
        States'' and inserting ``To or From the United States'';
            (2) in paragraph (1) by striking ``to the United States'' 
        and inserting ``to or from the United States'';
            (3) in paragraph (4)--
                    (A) by striking ``paragraphs (5) and (6)'' and 
                inserting ``paragraphs (5), (6), and (7)''; and
                    (B) by striking ``in advance of the aircraft 
                landing in the United States'' and inserting ``in 
                advance of the departure of the aircraft to or from the 
                United States''; and
            (4) by adding at the end the following:
            ``(7) Deadline for transmission of manifest.--
                    ``(A) In general.--An air carrier or foreign air 
                carrier required to transmit a passenger and crew 
                manifest for a flight to the Commissioner of U.S. 
                Customs and Border Protection under paragraph (1) shall 
                transmit the manifest at least 24 hours before the 
                departure of the flight.
                    ``(B) Ticketing and crew assignments following 
                transmission of manifest.--If, after an air carrier or 
                foreign air carrier transmits a passenger and crew 
                manifest for a flight under subparagraph (A), a 
                passenger purchases or otherwise acquires a ticket for 
                the flight or a crewmember is assigned to the flight, 
                the air carrier or foreign air carrier shall transmit 
                to the Commissioner of U.S. Customs and Border 
                Protection, immediately following the purchase, 
                acquisition, or assignment, a supplement to the 
                manifest under paragraph (1) that contains the 
                information described in paragraph (2) concerning the 
                passenger or crewmember.
                    ``(C) Special procedures for late ticketing and 
                crew assignments.--An air carrier or foreign air 
                carrier may permit a passenger to purchase or otherwise 
                acquire a ticket for a flight described in paragraph 
                (1), or may assign a crewmember to the flight, within 
                the 2-hour period preceding the departure of the 
                flight, only if the Secretary of Homeland Security 
                issues procedures permitting such ticketing and 
                assignments. The procedures shall ensure that the 
                information described in paragraph (2) concerning the 
                passenger or crewmember is transmitted to the 
                Commissioner of U.S. Customs and Border Protection 
                immediately following the purchase, acquisition, or 
                assignment in such manner and form as the Commissioner 
                prescribes.
            ``(8) Comparison of manifest information to no fly list.--
        The Secretary of Homeland Security shall require an air carrier 
        or foreign air carrier that transmits a passenger and crew 
        manifest for a flight under this subsection to conduct a final 
        comparison of the passenger information on the manifest to the 
        no fly list of the Transportation Security Administration 
        within 60 minutes of the departure of the flight.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to air carriers and foreign air carriers beginning on the date of 
enactment of this Act.
    (c) Technical Amendments.--Section 44909 of such title is amended--
            (1) by striking ``Secretary of Transportation'' each place 
        it appears and inserting ``Secretary of Homeland Security'';
            (2) by striking ``Commissioner of Customs'' each place it 
        appears and inserting ``Commissioner of U.S. Customs and Border 
        Protection'';
            (3) by striking ``Under Secretary'' each place it appears 
        and inserting ``Assistant Secretary of Homeland Security 
        (Transportation Security Administration)''; and
            (4) by striking ``Customs Service'' each place it appears 
        and inserting ``U.S. Customs and Border Protection''.
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