I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fast and Secure Trav5 el at the Borders Act of 2007’’ or the ‘‘FAST Borders 

6 Act of 2007’’. 

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

8 Congress finds that the National Commission on Ter9 rorist Attacks Upon the United States (commonly referred 

10 to as the 9/11 Commission) concluded the following: 


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1 (a) ‘‘The small terrorist travel intelligence collection 

2 and analysis program currently in place has produced dis3 proportionately useful results. It should be expanded. 

4 Since officials at the border encounter 12 travelers and 

5 their documents first and investigate travel facilitators, 

6 they must work closely with intelligence officials.’’. 

7 (b) ‘‘Information systems able to authenticate travel 

8 documents and detect potential terrorist indicators should 

9 be used at consulates, at primary border inspection lines, 

10 in immigration service offices, and intelligence and en11 forcement units.’’. 

12 (c) ‘‘The President should direct the Department of 

13 Homeland Security to lead the effort to design a com14 prehensive screening system, addressing common problems 

15 and setting common standards with systemwide goals in 

16 mind.’’. 

17 (d) ‘‘A screening system looks for particular, identifi18 able suspects or indicators of risk. It does not involve 

19 guesswork about who might be dangerous. It requires 

20 frontline border officials who have the tools and resources 

21 to establish that people are who they say they are, inter22 cept identifiable suspects, and disrupt terrorist oper23 ations.’’. 


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1 SEC. 3. AUTOMATED TARGETING SYSTEM FOR PERSONS 

2 ENTERING OR DEPARTING THE UNITED 

3 STATES. 

4 (a) IN GENERAL.—The Secretary of Homeland Secu5 rity, acting through the Commissioner of Customs and 

6 Border Protection, may establish an automated system for 

7 the purpose of the enforcement of United States law, in8 cluding laws relating to antiterrorism and border security, 

9 to assist in the screening of persons seeking to enter or 

10 depart the United States (in this section referred to as 

11 the ‘‘system’’). 

12 (b) ADMINISTRATIVE PROCESS TO CORRECT INFOR13 MATION.—The Secretary, acting through the Commis14 sioner, shall ensure that an administrative process is es15 tablished, or application of an existing administrative 

16 process is extended, pursuant to which any individual may 

17 apply to correct any information retained by the system 

18 established under subsection (a). Nothing in this section 

19 shall be construed as creating a private right of action and 

20 no court shall have jurisdiction based on any of the provi21 sions of this section to hear any case or claim arising from 

22 the application of the system or the corrective administra23 tive process established or applied under this subsection. 

24 (c) RULE OF CONSTRUCTION.—Nothing in this sec25 tion shall be construed as abrogating, diminishing, or 

26 weakening the provisions of any Federal or State law that 


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1 prevents or protects against the unauthorized collection or 

2 release of personal records. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary such 

5 sums as may be necessary to carry out this section. 

6 SEC. 4. PASSENGER AND CREW MANIFESTS FOR VESSELS, 

7 VEHICLES, AND AIRCRAFT ARRIVING IN OR 

8 DEPARTING FROM THE UNITED STATES. 

9 Part II of title IV of the Tariff Act of 1930 (19 

10 U.S.C. 1431 et seq.) is amended by inserting after section 

11 434 the following new section: 

12 ‘‘SEC. 435. PASSENGER AND CREW MANIFESTS FOR VES13 SELS, VEHICLES, AND AIRCRAFT ARRIVING IN 

14 OR DEPARTING FROM THE UNITED STATES. 

15 ‘‘(a) PASSENGER AND CREW MANIFESTS RE16 QUIRED.—The Commissioner of United States Customs 

17 and Border Protection of the Department of Homeland 

18 Security may require each vessel, vehicle, and aircraft ar19 riving in the United States from, or departing the United 

20 States to, a foreign port or place to transmit to United 

21 States Customs and Border Protection a passenger mani22 fest and crew manifest containing the information set 

23 forth in subsection (c) for each such arrival in or depar24 ture from the United States. 


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1 ‘‘(b) TRANSMISSION.—A passenger manifest and 

2 crew manifest required pursuant to subsection (a) shall 

3 be transmitted to United States Customs and Border Pro4 tection in advance of arrival in or departure from the 

5 United States in such manner, time, and form as the Com6 missioner of United States Customs and Border Protec7 tion may prescribe by regulations. 

8 ‘‘(c) INFORMATION.—The information to be provided 

9 with respect to each person listed on a passenger manifest 

10 or crew manifest required pursuant to subsection (a) may 

11 include— 

12 ‘‘(1) the person’s complete name, date of birth, 

13 citizenship, gender, passport number and country of 

14 issuance, and alien registration number, if applica15 ble; and 

16 ‘‘(2) such other information as the Commis17 sioner of United States Customs and Border Protec18 tion determines is necessary to enforce the customs, 

19 immigration, and other related laws of the United 

20 States, to ensure the transportation security of the 

21 United States, and to protect the national security 

22 of the United States. 

23 ‘‘(d) CIVIL PENALTY.—Any person who fails to pro24 vide accurate and full information in a passenger manifest 

25 or crew manifest required pursuant to subsections (a) and 


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1 (c) or regulations issued thereunder, or fails to provide 

2 the manifest in the manner prescribed pursuant to sub3 section (b) or regulations issued thereunder, may be liable 

4 for a civil penalty of not more than $5,000 with respect 

5 to each person listed on the manifest for whom such accu6 rate or full information is not provided in accordance with 

7 such requirements. 

8 ‘‘(e) PASSENGER NAME RECORD INFORMATION.— 

9 ‘‘(1) REQUIREMENT.—The Commissioner of 

10 United States Customs and Border Protection may 

11 require each commercial carrier arriving in the 

12 United States from, or departing the United States 

13 to, a foreign port or place to make available to 

14 United States Customs and Border Protection, upon 

15 the agency’s request, passenger name record infor16 mation for each such arrival in or departure from 

17 the United States in such manner, time, and form 

18 as the Commissioner may prescribe by regulations. 

19 ‘‘(2) CIVIL PENALTY.—Any person who fails to 

20 provide passenger name record information required 

21 pursuant to paragraph (1) or fails to provide such 

22 information in the manner prescribed by the Com23 missioner of United States Customs and Border 

24 Protection may be liable for a civil penalty of not 

25 more than $5,000 with respect to each person for 


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1 whom such information is not provided in accord2 ance with such requirements. 

3 ‘‘(f) SHARING OF MANIFEST AND PASSENGER NAME

4 RECORD INFORMATION WITH OTHER GOVERNMENT

5 AGENCIES.—The Commissioner of United States Customs 

6 and Border Protection may provide information contained 

7 in passenger and crew manifests and passenger name 

8 record information received pursuant to this section to 

9 other government authorities in order to protect the na10 tional security of the United States or as otherwise au11 thorized by law. 

12 ‘‘(g) CONSIDERATION OF ECONOMIC IMPACT.—Prior 

13 to issuing any final regulation under this section, the Com14 missioner of United States Customs and Border Protec15 tion shall consult with stakeholders from the transpor16 tation industry and assess the economic impact that the 

17 regulation would have on private industry. 

18 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section ab19 rogates, diminishes, or weakens the provisions of any Fed20 eral or State law that prevents or protects against the un21 authorized collection or release of personal records.’’. 

Æ 


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