I 

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. 

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

3 SECTION 1. PASSENGER MANIFESTS. 

4 (a) IN GENERAL.—Section 44909(c) of title 49, 

5 United States Code, is amended— 


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1 (1) in the subsection heading by striking ‘‘TO

2 THE UNITED STATES’’ and inserting ‘‘TO OR FROM

3 THE UNITED STATES’’; 

4 (2) in paragraph (1) by striking ‘‘to the United 

5 States’’ and inserting ‘‘to or from the United 

6 States’’; 

7 (3) in paragraph (4)— 

8 (A) by striking ‘‘paragraphs (5) and (6)’’ 

9 and inserting ‘‘paragraphs (5), (6), and (7)’’; 

10 and 

11 (B) by striking ‘‘in advance of the aircraft 

12 landing in the United States’’ and inserting ‘‘in 

13 advance of the departure of the aircraft to or 

14 from the United States’’; and 

15 (4) by adding at the end the following: 

16 ‘‘(7) DEADLINE FOR TRANSMISSION OF MANI17 FEST.— 

18 ‘‘(A) IN GENERAL.—An air carrier or for19 eign air carrier required to transmit a pas20 senger and crew manifest for a flight to the 

21 Commissioner of U.S. Customs and Border 

22 Protection under paragraph (1) shall transmit 

23 the manifest at least 24 hours before the depar24 ture of the flight. 


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1 ‘‘(B) TICKETING AND CREW ASSIGNMENTS

2 FOLLOWING TRANSMISSION OF MANIFEST.—If, 

3 after an air carrier or foreign air carrier trans4 mits a passenger and crew manifest for a flight 

5 under subparagraph (A), a passenger purchases 

6 or otherwise acquires a ticket for the flight or 

7 a crewmember is assigned to the flight, the air 

8 carrier or foreign air carrier shall transmit to 

9 the Commissioner of U.S. Customs and Border 

10 Protection, immediately following the purchase, 

11 acquisition, or assignment, a supplement to the 

12 manifest under paragraph (1) that contains the 

13 information described in paragraph (2) con14 cerning the passenger or crewmember. 

15 ‘‘(C) SPECIAL PROCEDURES FOR LATE

16 TICKETING AND CREW ASSIGNMENTS.—An air 

17 carrier or foreign air carrier may permit a pas18 senger to purchase or otherwise acquire a ticket 

19 for a flight described in paragraph (1), or may 

20 assign a crewmember to the flight, within the 2- 

21 hour period preceding the departure of the 

22 flight, only if the Secretary of Homeland Secu23 rity issues procedures permitting such ticketing 

24 and assignments. The procedures shall ensure 

25 that the information described in paragraph (2) 


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1 concerning the passenger or crewmember is 

2 transmitted to the Commissioner of U.S. Cus3 toms and Border Protection immediately fol4 lowing the purchase, acquisition, or assignment 

5 in such manner and form as the Commissioner 

6 prescribes. 

7 ‘‘(8) COMPARISON OF MANIFEST INFORMATION

8 TO NO FLY LIST.—The Secretary of Homeland Secu9 rity shall require an air carrier or foreign air carrier 

10 that transmits a passenger and crew manifest for a 

11 flight under this subsection to conduct a final com12 parison of the passenger information on the manifest 

13 to the no fly list of the Transportation Security Ad14 ministration within 60 minutes of the departure of 

15 the flight.’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to air carriers and foreign air car18 riers beginning on the date of enactment of this Act. 

19 (c) TECHNICAL AMENDMENTS.—Section 44909 of 

20 such title is amended— 

21 (1) by striking ‘‘Secretary of Transportation’’ 

22 each place it appears and inserting ‘‘Secretary of 

23 Homeland Security’’; 


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1 (2) by striking ‘‘Commissioner of Customs’’ 

2 each place it appears and inserting ‘‘Commissioner 

3 of U.S. Customs and Border Protection’’; 

4 (3) by striking ‘‘Under Secretary’’ each place it 

5 appears and inserting ‘‘Assistant Secretary of 

6 Homeland Security (Transportation Security Admin7 istration)’’; and 

8 (4) by striking ‘‘Customs Service’’ each place it 

9 appears and inserting ‘‘U.S. Customs and Border 

10 Protection’’. 

Æ 


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