[Congressional Record Volume 157, Number 62 (Monday, May 9, 2011)]
[Senate]
[Pages S2798-S2799]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    SENATE RESOLUTION 174--EXPRESSING THE SENSE OF THE SENATE THAT 
 EFFECTIVE SHARING OF PASSENGER INFORMATION FROM INBOUND INTERNATIONAL 
 FLIGHT MANIFESTS IS A CRUCIAL COMPONENT OF OUR NATIONAL SECURITY AND 
THAT THE DEPARTMENT OF HOMELAND SECURITY MUST MAINTAIN THE INFORMATION 
    SHARING STANDARDS REQUIRED UNDER THE 2007 PASSENGER NAME RECORD 
       AGREEMENT BETWEEN THE UNITED STATES AND THE EUROPEAN UNION

  Mr. LIEBERMAN (for himself and Ms. Collins) submitted the following 
resolution; which was referred to the Committee on Homeland Security 
and Governmental Affairs:

                              S. Res. 174

       Whereas the National Commission on Terrorist Attacks Upon 
     the United States--
       (1) found that ``[t]argeting travel is at least as powerful 
     a weapon against terrorists as targeting their money''; and
       (2) recommended that the United States ``combine terrorist 
     travel intelligence, operations, and law enforcement in a 
     strategy to intercept terrorist, find terrorist travel 
     facilitators, and constrain terrorist mobility'';
       Whereas terrorists continue to target international travel 
     to the United States, as evidenced by Umar Farouk 
     Abdulmutallab's attempt to detonate a bomb on board Northwest 
     Airlines Flight 253 on December 25, 2009, en route from 
     Amsterdam to Detroit;
       Whereas Congress responded to the attacks of September 11, 
     2001, by mandating that all air carriers flying into the 
     United States provide passenger name record (referred to in 
     this resolution as ``PNR'') data concerning all inbound 
     passengers to U.S. Customs and Border Protection to assist 
     the Department of Homeland Security in fulfilling its 
     missions of protecting the border and enhancing border 
     security;
       Whereas there is bipartisan agreement on the need to 
     collect and share passenger travel data, which--
       (1) has served as a cornerstone for interdicting terrorists 
     by the administrations of President Barack Obama and former 
     President George W. Bush; and
       (2) continues to fulfill the mandate for increased 
     information sharing set by Congress in--
       (A) the Aviation and Transportation Security Act (Public 
     Law 107-71);
       (B) the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458);
       (C) the Implementing Recommendations of the 9/11 Commission 
     Act of 2007 (Public Law 110-53); and
       (D) other laws requiring information sharing 
     internationally and within the United States Government to 
     promote greater security;
       Whereas the Implementing Recommendations of the 9/11 
     Commission Act of 2007 required nations to enter into an 
     agreement to exchange passenger information with the United 
     States in order to qualify for the United States' visa waiver 
     program;
       Whereas international law and treaties have recognized 
     that--
       (1) advance information about travelers is a critical tool 
     in identifying high-risk passengers; and
       (2) the intelligence gained from the analysis of passenger 
     travel data is critical for--
       (A) protecting the United States against terrorists 
     entering the United States; and
       (B) preventing terrorists from boarding international 
     flights bound for the United States;
       Whereas the Agreement Between the United States of America 
     and the European Union on the Processing and Transfer of 
     Passenger Name Record (PNR) Data by Air Carriers to the 
     United States Department of Homeland Security (DHS), done at 
     Brussels and Washington on July 23 and 26, 2007 (referred to 
     in this resolution as the ``EU-U.S. PNR Agreement'')--
       (1) succeeded a series of agreements between 2002 and 
     October 2006;
       (2) was intended to remain in effect until 2014; and
       (3) complied with European Union and United States privacy 
     laws by providing assurances that the United States would use 
     PNR data for limited purposes;
       Whereas PNR data gathered pursuant to the EU-U.S. PNR 
     Agreement has been used to identify and arrest a number of 
     dangerous terrorists, including--
       (1) David Headley, who was planning an attack on Denmark 
     and who contributed to the tragedy in Mumbai; and
       (2) Faisal Shahzad, who was attempting to flee the country 
     after attempting to set off a car-bomb in Times Square.
       Whereas PNR data has been used to prevent the travel of 
     many other individuals considered to be national security 
     threats or otherwise inadmissible to the United States;
       Whereas the privacy protections in the current EU-U.S. PNR 
     Agreement are robust, and a February 2010 joint review by 
     both signatories found no privacy violations, misuse, or 
     injury from the collection of PNR data by the Department of 
     Homeland Security;
       Whereas although the United States and the European Union 
     have different governing mechanisms that lead to differences 
     in how oversight is conducted, both governments have a firm 
     commitment to the protection of data and the respect of 
     individual privacy;
       Whereas in February 2011, the European Commission proposed 
     that the European Union create its own PNR system in order to 
     identify potential terrorists and other dangerous criminals;
       Whereas in 2010, the Washington Post--
       (1) recognized the important role that PNR data plays in 
     securing international aviation; and

[[Page S2799]]

       (2) recommended that data sharing should not be restricted 
     without demonstrating specific problems with the operation of 
     current agreement: Now, therefore, be it
       Resolved, That the Senate--
       (1) acknowledges the grave threat posed by terrorists and 
     other dangerous criminals who seek to exploit international 
     aviation to do harm to our countries;
       (2) urges the Department of Homeland Security to reject any 
     efforts by the European Union to modify existing PNR data 
     sharing mechanisms in a way that would degrade the usefulness 
     of the PNR data for identifying terrorists and other 
     dangerous criminals;
       (3) urges the Department of Homeland Security to not enter 
     into any agreement that would impose European oversight 
     structures on the United States; and
       (4) opposes any effort by the European Union to interfere 
     with counterterrorism cooperation and information sharing 
     between the Department of Homeland Security and non-European 
     countries.

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