§ 44909. Passenger manifests

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–272 § 1(e) · 108 Stat. 745

   Enacted · 49 U.S.C. § 44909

   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1211

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1211

   Enacted provision · exact public law section
   Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 2000

   Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

   Pub. L. 106–181 title VII § 718 · 114 Stat. 61

   Substituted · 49 U.S.C. § 44909(a)(2)

   Pub. L. 106–181 substituted “should” for “shall” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 106–181 substituted “should” for “shall” in introductory provisions.

   Enacted provision · exact public law section
   SEC. 718. PASSENGER MANIFEST. Section 44909(a)(2) is amended by striking “shall” and inserting “should”.

   Effective date note
   Amendment by Pub. L. 106–181 applicable only to fiscal 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.

3. 2001

   Aviation and Transportation Security Act

   Pub. L. 107–71 title I § 115 · 115 Stat. 597

   Amended · 49 U.S.C. § 44909(c)

   Pub. L. 107–71 which directed the addition of subsec. (c) to section 44909, without specifying the Code title to be amended, was executed by making the addition to this section, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 107–71 which directed the addition of subsec. (c) to section 44909, without specifying the Code title to be amended, was executed by making the addition to this section, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   SEC. 115. PASSENGER MANIFESTS. Section 44909 is amended by adding at the end the following: 49 USC 44909. “(c) Flights in Foreign Air Transportation to the United States.— “(1) In general.— Not later than 60 days after the date Deadline. of enactment of the Aviation and Transportation Security Act, each air carrier and foreign air carrier operating a passenger flight in foreign air transportation to the United States shall provide to the Commissioner of Customs by electronic transmission a passenger and crew manifest containing the information specified in paragraph (2). Carriers may use the advanced passenger 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 resident alien card number of each passenger and crew member, as applicable. “(F) Such other information as the Under Secretary, in consultation with the Commissioner of Customs, 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 request. “(4) Transmission of manifest.— Subject to paragraph (5), a passenger and crew manifest required for a flight under paragraph (1) shall be transmitted to the Customs Service 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, information provided to the Under Secretary or the Customs Service under this subsection may be shared with other Federal agencies for the purpose of protecting national security. ” .

4. 2004

   Intelligence Reform and Terrorism Prevention Act of 2004

   Pub. L. 108–458 § 4012(a)(2)(A) · 118 Stat. 3638

   Substituted · 49 U.S.C. § 44909(c)(4)

   Pub. L. 108–458, § 4012(a)(2)(A), substituted “paragraphs (5) and (6),” for “paragraph (5),”

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 108–458, § 4012(a)(2)(A), substituted “paragraphs (5) and (6),” for “paragraph (5),”.

   Enacted provision · exact public law section
   (A) by striking “paragraph (5),” in paragraph (4) and inserting “paragraphs (5) and (6),”; and

5. 2004

   Intelligence Reform and Terrorism Prevention Act of 2004

   Pub. L. 108–458 § 4012(a)(2)(B) · 118 Stat. 3638

   Added · 49 U.S.C. § 44909(c)(6)

   Pub. L. 108–458, § 4012(a)(2)(B), added par. (6)

   Source evidence

   Code amendment note
   Subsec. (c)(6). Pub. L. 108–458, § 4012(a)(2)(B), added par. (6).

   Enacted provision · exact public law section
   (B) by adding at the end the following: “(6) Prescreening international passengers.— “(A) In general.— Not later than 60 days after date of enactment of this paragraph, the Secretary of Homeland Security, or the designee of the Secretary, shall issue a notice of proposed rulemaking that will allow the Department of Homeland Security to compare passenger information for any international flight to or from the United States against the consolidated and integrated terrorist watchlist maintained by the Federal Government before departure of the flight. “(B) Appeal procedures.— “(i) In general.— The Secretary of Homeland 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 will be able to maintain a record of air passengers and other individuals who have been misidentified and have corrected erroneous information. To prevent repeated delays of misidentified passengers and other individuals, the Department of Homeland Security record shall contain information determined by the Secretary to authenticate the identity of such a passenger or individual.” .

6. 2018

   TSA Modernization Act

   Pub. L. 115–254 § 1991(d)(8)(A) · 132 Stat. 3187

   Substituted · 49 U.S.C. § 44909(a)(1)

   Pub. L. 115–254, § 1991(d)(8)(A), substituted “The” for “Not later than March 16, 1991, the” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 115–254, § 1991(d)(8)(A), substituted “The” for “Not later than March 16, 1991, the” in introductory provisions.

   Enacted provision · exact public law section
   (A) in subsection (a)(1), by striking “Not later than March 16, 1991, the” and inserting “The”; and

7. 2018

   TSA Modernization Act

   Pub. L. 115–254 § 1991(d)(8)(B)(i) · 132 Stat. 3187

   Substituted · 49 U.S.C. § 44909(c)(1)

   Pub. L. 115–254, § 1991(d)(8)(B)(i), substituted “Each” for “Not later than 60 days after the date of enactment of the Aviation and Transportation Security Act, each”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 115–254, § 1991(d)(8)(B)(i), substituted “Each” for “Not later than 60 days after the date of enactment of the Aviation and Transportation Security Act, each”.

   Enacted provision · exact public law section
   (i) in paragraph (1), by striking “Not later than 60 days after the date of enactment of the Aviation and Transportation Security Act, each” and inserting “Each”;

8. 2018

   TSA Modernization Act

   Pub. L. 115–254 § 1991(d)(8)(B)(ii) · 132 Stat. 3187

   Substituted · 49 U.S.C. § 44909(c)(2)(F); 49 U.S.C. § 44909(c)(2)(5)

   Pub. L. 115–254, § 1991(d)(8)(B)(ii), substituted “Administrator of the Transportation Security Administration” for “Under Secretary”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(F), (5). Pub. L. 115–254, § 1991(d)(8)(B)(ii), substituted “Administrator of the Transportation Security Administration” for “Under Secretary”.

   Enacted provision · exact public law section
   (ii) in paragraphs (2)(F) and (5), by striking “Under Secretary” and inserting “Administrator of the Transportation Security Administration”; and

9. 2018

   TSA Modernization Act

   Pub. L. 115–254 § 1991(d)(8)(B)(iii)(I) · 132 Stat. 3187

   Substituted · 49 U.S.C. § 44909(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (I) in subparagraph (A), by striking “Not later than 60 days after date of enactment of this paragraph, the” and inserting “The”; and

10. 2018

    TSA Modernization Act

    Pub. L. 115–254 § 1991(d)(8)(B)(iii)(II) · 132 Stat. 3187

    1. Substituted · 49 U.S.C. § 44909(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”

    2. Substituted · 49 U.S.C. § 44909(c)(6)(B)(ii)

       Pub. L. 115–254, § 1991(d)(8)(B)(iii)(II), substituted “the Secretary of Homeland Security to” for “the Secretary to”

    Source evidence

    Code amendment note
    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 Secretary to”.

    Enacted provision · exact public law section
    (II) in subparagraph (B)(ii)— (aa) by striking “the Secretary will” and inserting “the Secretary of Homeland Security will”; and (bb) by striking “the Secretary to” and inserting “the Secretary of Homeland Security to”;

11 of 11 references resolved to an enrolled provision