49 U.s.c. 44909

§ 44909

TITLE 49—TRANSPORTATION
AMENDMENTS

1998—Subsec. (a). Pub. L. 105–277 inserted ‘‘and’’ at
end of par. (1), redesignated par. (3) as (2), and struck
out former par. (2) which read as follows: ‘‘shall publish
the advisory in the Federal Register; and’’.

§ 44909. Passenger manifests
(a) AIR CARRIER REQUIREMENTS.—(1) Not later
than March 16, 1991, the Secretary of Transportation shall require each air carrier to provide a
passenger manifest for a flight to an appropriate
representative of the Secretary of State—
(A) not later than one hour after that carrier
is notified of an aviation disaster outside the
United States involving that flight; or
(B) if it is not technologically feasible or
reasonable to comply with clause (A) of this
paragraph, then as expeditiously as possible,
but not later than 3 hours after the carrier is
so notified.
(2) The passenger manifest should include the
following information:
(A) the full name of each passenger.
(B) the passport number of each passenger, if
required for travel.
(C) the name and telephone number of a contact for each passenger.
(3) In carrying out this subsection, the Secretary of Transportation shall consider the necessity and feasibility of requiring air carriers
to collect passenger manifest information as a
condition for passengers boarding a flight of the
carrier.
(b) FOREIGN AIR CARRIER REQUIREMENTS.—The
Secretary of Transportation shall consider imposing a requirement on foreign air carriers
comparable to that imposed on air carriers
under subsection (a)(1) and (2) of this section.
(c) FLIGHTS IN FOREIGN AIR TRANSPORTATION
TO THE UNITED STATES.—
(1) IN GENERAL.—Not later than 60 days after
the date 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 Commis-

Page 966

sioner 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
paragraphs (5) and (6), 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.
(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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1211;
Pub. L. 106–181, title VII, § 718, Apr. 5, 2000, 114
Stat. 163; Pub. L. 107–71, title I, § 115, Nov. 19,
2001, 115 Stat. 623; Pub. L. 108–458, title IV,
§ 4012(a)(2), Dec. 17, 2004, 118 Stat. 3717.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

44909(a)(1) ..

49 App.:1380(a).

44909(a)(2) ..
44909(a)(3) ..

49 App.:1380(b).
49 App.:1380 (note).

44909(b) ......

49 App.:1380 (note).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 410, 72 Stat. 769; Oct. 15,
1962, Pub. L. 87–820, § 8, 76
Stat. 936; restated Nov. 16,
1990, Pub. L. 101–604,
§ 203(a), 104 Stat. 3082.
Nov. 16, 1990, Pub. L. 101–604,
§ 203(b), 104 Stat. 3082.
Nov. 16, 1990, Pub. L. 101–604,
§ 203(c), 104 Stat. 3083.

Page 967

§ 44911

TITLE 49—TRANSPORTATION

In subsection (a)(1), before clause (A), the words
‘‘each air carrier’’ are substituted ‘‘all United States
air carriers’’ because of the definition of ‘‘air carrier’’
in section 40102(a) of the revised title. The words ‘‘an
appropriate representative of the Secretary of State’’
are substituted for ‘‘appropriate representatives of the
United States Department of State’’ because of 22:2651
and for consistency in the revised title and with other
titles of the United States Code. In clause (B), the
words ‘‘to comply with clause (A) of this paragraph’’
are substituted for ‘‘to fulfill the requirement of this
subsection’’ for consistency in the revised title and
with other titles of the Code.
In subsection (a)(2), before clause (B), the words ‘‘For
purposes of this section’’ are omitted as unnecessary.
In subsection (a)(3), the words ‘‘In carrying out this
subsection’’ are substituted for ‘‘In implementing the
requirement pursuant to the amendment made by subsection (a) of this section’’ for clarity and to eliminate
unnecessary words.
In subsection (b), the word ‘‘imposing’’ is added for
clarity. The words ‘‘imposed on air carriers under subsection (a)(1) and (2) of this section’’ are substituted for
‘‘imposed pursuant to the amendment made by subsection (a)’’ for clarity and because of the restatement.
REFERENCES IN TEXT
The date of enactment of the Aviation and Transportation Security Act, referred to in subsec. (c)(1), is the
date of enactment of Pub. L. 107–71, which was approved
Nov. 19, 2001.
The date of enactment of this paragraph, referred to
in subsec. (c)(6)(A), is the date of enactment of Pub. L.
108–458, which was approved Dec. 17, 2004.
AMENDMENTS
2004—Subsec. (c)(4). Pub. L. 108–458, § 4012(a)(2)(A),
substituted ‘‘paragraphs (5) and (6),’’ for ‘‘paragraph
(5),’’.
Subsec. (c)(6). Pub. L. 108–458, § 4012(a)(2)(B), added
par. (6).
2001—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.
2000—Subsec. (a)(2). Pub. L. 106–181 substituted
‘‘should’’ for ‘‘shall’’ in introductory provisions.
EFFECTIVE DATE OF 2000 AMENDMENT
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.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.

§ 44910. Agreements on aircraft sabotage, aircraft
hijacking, and airport security
The Secretary of State shall seek multilateral
and bilateral agreement on strengthening enforcement measures and standards for compliance related to aircraft sabotage, aircraft hijacking, and airport security.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1212.)
HISTORICAL AND REVISION NOTES
Revised
Section
44910 ..........

Source (U.S. Code)
49 App.:1515 (note).

Source (Statutes at Large)
Aug. 8, 1985, Pub. L. 99–83,
§ 556, 99 Stat. 227.

§ 44911. Intelligence
(a) DEFINITION.—In this section, ‘‘intelligence
community’’ means the intelligence and intelligence-related activities of the following units
of the United States Government:
(1) the Department of State.
(2) the Department of Defense.
(3) the Department of the Treasury.
(4) the Department of Energy.
(5) the Departments of the Army, Navy, and
Air Force.
(6) the Central Intelligence Agency.
(7) the National Security Agency.
(8) the Defense Intelligence Agency.
(9) the Federal Bureau of Investigation.
(10) the Drug Enforcement Administration.
(b) POLICIES AND PROCEDURES ON REPORT
AVAILABILITY.—The head of each unit in the intelligence community shall prescribe policies
and procedures to ensure that intelligence reports about terrorism are made available, as appropriate, to the heads of other units in the intelligence community, the Secretary of Transportation, and the Under Secretary of Transportation for Security.
(c) UNIT FOR STRATEGIC PLANNING ON TERRORISM.—The heads of the units in the intelligence
community shall place greater emphasis on
strategic intelligence efforts by establishing a
unit for strategic planning on terrorism.
(d) DESIGNATION OF INTELLIGENCE OFFICER.—At
the request of the Secretary, the Director of
Central Intelligence shall designate at least one
intelligence officer of the Central Intelligence
Agency to serve in a senior position in the Office
of the Secretary.
(e) WRITTEN WORKING AGREEMENTS.—The
heads of units in the intelligence community,
the Secretary, and the Under Secretary shall review and, as appropriate, revise written working
agreements between the intelligence community
and the Under Secretary.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1212;
Pub. L. 107–71, title I, §§ 101(f)(7), (9), 102(b), (c),
Nov. 19, 2001, 115 Stat. 603, 605.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44911(a) ......

49 App.:1358d (note).

44911(b) ......

49 App.:1358d (note).

Nov. 16, 1990, Pub. L. 101–604,
§ 111(e), 104 Stat. 3080.
Nov. 16, 1990, Pub. L. 101–604,
§ 111(a), 104 Stat. 3080.