19–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–272 

EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES 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 

NOVEMBER 4, 2011.—Referred to the House Calendar and ordered to be printed 

Mr. KING of New York, from the Committee on Homeland Security, 

submitted the following 

R E P O R T 

[To accompany H. Res. 255] 

The Committee on Homeland Security, to whom was referred the 

resolution (H. Res. 255) expressing the sense of the House of Representatives 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, having considered the same, report favorably thereon without amendment and recommend that 

the resolution be agreed to. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 3 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 3 

Congressional Budget Office Estimate ................................................................... 3 

Statement of General Performance Goals and Objectives .................................... 3 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 3 

Federal Mandates Statement ................................................................................. 3 

Preemption Clarification ......................................................................................... 3 

Advisory Committee Statement .............................................................................. 4 

Applicability to Legislative Branch ........................................................................ 4 

Section-by-Section Analysis of the Legislation ...................................................... 4 

Changes in Existing Law Made by the Bill, as Reported ..................................... 4 


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PURPOSE AND SUMMARY

The purpose of H. Res. 255 is to express the sense of the House 

of Representatives 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. 

BACKGROUND AND NEED FOR LEGISLATION

In response to the terrorist attacks of September 11, 2001, Congress passed several laws to strengthen homeland security, including the Aviation and Transportation Security Act of 2001 (ATSA). 

In relevant part, ATSA required air carriers entering the United 

States to provide U.S. Customs and Border Protection (CBP) with 

electronic access to Passenger Name Record data (PNR) on persons 

traveling on flights to, from, or through the United States. PNR 

data includes information such as travel dates, contact details, 

means of payment, number of bags, and seat number. 

Both the Bush and Obama Administrations concurred that PNR 

data is vital for national security. In 2008 and 2009, PNR helped 

the United States identify individuals with potential ties to terrorism in more than 3,000 cases, including the November 2008 

Mumbai attack plotter, David Headley, and the perpetrator of the 

failed May 2010 Times Square bombing, Faisal Shazad. In FY2010, 

approximately one quarter of those individuals denied entry to the 

United States for having ties to terrorism were initially identified 

through PNR data. 

Following the passage of ATSA, the Department of Homeland Security (DHS) began negotiating with the European Union (EU) to 

govern the processing of PNR data subject to EU law. After signing 

provisional agreements in 2002 and 2004, the U.S. and the EU 

reached terms on an agreement in 2007 (the EU–US PNR Agreement), which fully complied with EU and U.S. privacy law and was 

scheduled to expire in 2014. However, in 2009, the EU enacted the 

Treaty of Lisbon, which altered its political governance and granted 

new powers to the European Parliament. At that time, 24 of 27 nations had ratified the EU–US PNR Agreement. As a consequence, 

EU law now required the European Parliament to approve proposed security agreements, like the EU–US PNR Agreement. 

Thereafter, the European Parliament voted to reject the current 

EU–US PNR Agreement. Those negotiations remain ongoing. 

The Committee supports the continuation of a PNR agreement 

with robust protections for U.S. citizens and non-citizens. Accordingly, on September 21, 2011, the House Homeland Security Committee approved a bipartisan resolution (H. Res. 255) affirming 

that the effective sharing of passenger information from inbound 

international flight manifests is crucial to our national security and 

urging DHS to oppose any effort by the EU to frustrate counterterrorism cooperation and information sharing as reflected in the 2007 

EU–US PNR agreement. In May 2011, the Senate passed a companion resolution. 


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HEARINGS

No hearings were held on H. Res. 255 in the 112th Congress. 

COMMITTEE CONSIDERATION

The Committee met on September 21, 2011, to consider H. Res. 

255, and ordered the measure to be reported to the House with a 

favorable recommendation, without amendment, by voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report legislation and amendments thereto. 

No recorded votes were requested during consideration of H. Res. 

255. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H. Res. 255, 

would result in no new or increased budget authority, entitlement 

authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Clause 3(c)(3) of rule XIII of the Rules of the House of Representatives, and Section 402 of the Congressional Budget Act of 1974 do 

not apply, as H. Res. 255 is not a bill or joint resolution. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, H. Res. 255 contains no general performance 

goals, and objectives, including outcome related goals and objectives authorized. 

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

In compliance with rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(e), 9(f), or 9(g) of the rule XXI. 

FEDERAL MANDATES STATEMENT

H. Res. 255 provides no Federal mandates. 

PREEMPTION CLARIFICATION

In compliance with section 423 of the Congressional Budget Act 

of 1974, requiring the report of any Committee on a bill or joint 

resolution to include a statement on the extent to which the bill or 


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joint resolution in intended to preempt State, local, or Tribal law, 

the Committee finds that H. Res. 255 does not preempt any State, 

local, or Tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

The Resolution expresses the sense of the House of Representatives 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. 

The Resolution resolves that the House of Representatives acknowledge the threat posed by terrorists targeting the U.S. 

aviation system, urges the Department of Homeland Security to 

respond to any modification of the passenger name record data 

sharing agreement that degrades security capability with stronger 

security requirements, urges the Department not to enter into any 

agreement that would impose European oversight structures on the 

United States, and strongly urges the Department to oppose any 

effort by the European Union to frustrate counterterrorism and 

information sharing between the Department and non-European 

countries. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

H. Res. 255 makes no changes to existing law. 

Æ 


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