I 111th CONGRESS 2d Session H. R. 5221 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.

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.