S.744 Immigration bill - Sec. 3304: IDENTITY-THEFT RESISTANT MANIFEST INFORMATION FOR PASSENGERS, CREW, AND NON-CREW ONBOARD DEPARTING AIRCRAFT AND VESSELS
Posted Wed, Apr 17, 2013 at 4:57 pm
- (a) Definitions- Except as otherwise specifically provided, in this section:
- (1) IDENTITY-THEFT RESISTANT COLLECTION LOCATION- The
term `identity-theft resistant collection location' means a location
within an airport or seaport--
- (A) within the path of the departing alien, such
that the alien would not need to significantly deviate from that path to
comply with exit requirements at which air or vessel carrier employees,
as applicable, either present or routinely available if an alien needs
processing assistance; and
- (B) which is equipped with technology that is able
to securely transmit identity-theft resistant departure manifest
information to the Department.
- (2) US-VISIT- The term `US-VISIT' means the United States-Visitor and Immigrant Status Indicator Technology system.
- (b) Identity Theft Resistant Manifest Information-
- (1) PASSPORT OR VISA COLLECTION REQUIREMENT- Except as
provided in paragraph (c), an appropriate official of each commercial
aircraft or vessel departing from the United States to any port or place
outside the United States shall ensure transmission to U.S. Customs and
Border Protection of identity-theft resistant departure manifest
information covering alien passengers, crew, and non-crew. Such
identity-theft resistant departure manifest information--
- (A) shall be transmitted to U.S. Customs and Border
Protection at the place and time specified in subparagraph (3) by means
approved by the Secretary; and
- (B) shall set forth the information specified in paragraph (4) or other information as required by the Secretary.
- (2) MANNER OF COLLECTION- Carriers boarding alien
passengers, crew, and non-crew subject to the requirement to provide
information upon departure US-VISIT processing shall collect
identity-theft resistant departure manifest information from each alien
at a collection location at the airport or seaport before boarding that
alien on transportation for departure from the United States, at a time
close to the originally scheduled departure of that passenger's aircraft
or sea vessel as practicable.
- (3) TIME AND MANNER OF SUBMISSION-
- (A) IN GENERAL- The appropriate official specified
in paragraph (1) shall ensure transmission of the identity-theft
resistant departure manifest information required and collected under
paragraphs (1) and (2) to the Data Center or Headquarters U.S. Customs
and Border Protection, or such other data center as may be designated.
- (B) TRANSMISSION- The biometric departure
information may be transmitted to the Department over any means of
communication authorized by the Secretary for the transmission of other
electronic manifest information containing personally identifiable
information and under transmission standards currently applicable to
other electronic manifest information.
- (C) SUBMISSION ALONG WITH OTHER INFORMATION- Files containing the identity-theft resistant departure manifest information--
- (i) may be sent with other electronic manifest
data prior to departure or may be sent separately from any topically
related electronic manifest data; and
- (ii) may be sent in batch mode.
- (4) INFORMATION REQUIRED- The identity-theft resistant
departure information required under paragraphs (1) through (3) for each
covered passenger or crew member shall contain alien data from
machine-readable visas, passports, and other travel and entry documents
issued to the alien.
- (c) Exception- The identity-theft resistant departure
manifest information specified in this section is not required for any
alien active duty military personnel traveling as passengers on board a
departing Department of Defense commercial chartered aircraft.
- (d) Carrier Maintenance and Use of Identity-theft Resistant
Departure Manifest Information- Carrier use of identity-theft resistant
departure manifest information for purposes other than as described in
standards set by the Secretary is prohibited. Carriers shall immediately
notify the Chief Privacy Officer of the Department in writing in event
of unauthorized use or access, or breach, of identity-theft resistant
departure manifest information.
- (e) Collection at Specified Location- If the Secretary
determines that an air or vessel carrier has not adequately complied
with the provisions of this section, the Secretary may, in the
Secretary's discretion, require the air or vessel carrier to collect
identity-theft resistant departure manifest information at a specific
location prior to the issuance of a boarding pass or other document on
the international departure, or the boarding of crew, in any port
through which the carrier boards aliens for international departure
under the supervision of the Secretary for such period as the Secretary
considers appropriate to ensure the adequate collection and transmission
of biometric departure manifest information.
- (f) Funding- There shall be appropriated to the Interior
Enforcement Account $500,000,000 to reimburse carriers for their
reasonable actual expenses in carrying out their duties as described in
- (g) Determination of Budgetary Effects-
- (1) EMERGENCY DESIGNATION FOR CONGRESSIONAL
ENFORCEMENT- In the Senate, amounts made available under this section
are designated as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
- (2) EMERGENCY DESIGNATION FOR STATUTORY PAYGO- Amounts
made available under this section are designated as an emergency
requirement under section 4(g) of the Statutory Pay-As-You-Go Act of
2010 (Public Law 111-139; 2 U.S.C. 933(g)).
IDENTITY-THEFT RESISTANT MANIFEST INFORMATION FOR PASSENGERS, CREW, AND NON-CREW ONBOARD DEPARTING AIRCRAFT AND VESSELS