Hearing of the House Judiciary Committee on Deadline for Biometric Passports

Federal News Service

HEADLINE: HEARING OF THE HOUSE JUDICIARY COMMITTEE

SUBJECT: DEADLINE FOR BIOMETRIC PASSPORTS

CHAIRED BY: REPRESENTATIVE JAMES SENSENBRENNER (R-WI)

WITNESSES: SECRETARY OF STATE COLIN POWELL; AND SECRETARY OF HOMELAND SECURITY TOM RIDGE

LOCATION: 2141 RAYBURN HOUSE OFFICE BUILDING, WASHINGTON, D.C.

BODY:

REP. SENSENBRENNER: The committee will be in order. Mr. Conyers and I will give opening statements. Secretary Powell is caught in traffic somewhere between the White House and here, but with Secretary Ridge's permission, we decided to get going.

Mr. Conyers and I will make opening statements. Without objection, other members' opening statements will be included in the record. And both secretaries will testify for about 10 minutes, and then we will have questions under the five-minute rule. I will repeat this after the testimony is concluded, but both secretaries have to leave at noon. I am keeping track of who appears in what order, and people will be recognized alternatively on each side under the five- minute rule, and when we get to noon, wherever we are, we will thank you very much -- (chuckles) -- we hope we thank you very much for saying what you're going to say, and everybody can be on their way.

Today we meet to discuss the October 2004 deadline for countries participating in the Visa Waiver Program to certify that they can issue machine-readable passports that are tamper resistant and incorporate biometric identifiers. The Visa Waiver Program allows travelers from certain designated countries to come to the United States as temporary visitors without having to obtain a non-immigrant visa. There are currently 27 countries participating, and in fiscal year 2002, 13 million foreign visitors entered the United States under the program.

Since its creation in 1986, the program has greatly facilitated travel to the United States from foreign countries-program countries. Through reciprocal arrangements, the program also benefits American international travelers. The Visa Waiver Program was established on the premise that nationals of participating countries pose little security risk or threat of overstaying their period of admittance. This premise may have been true in years past, but it's questionable today.

-BREAK OF TRANSCRIPT-

REP. SENSENBRENNER: The gentleman from California, Mr. Gallegly.

REP. ELTON GALLEGLY (R-CA): Thank you, Mr. Chairman.

Mr. Chairman, first of all, I'd ask unanimous consent that my opening statement be made a part of the record of the hearing.

Secretary Powell, and former colleague, good friend, Secretary Ridge, it's always good to have you here. And you're providing a tremendous service at a very difficult time to this nation, and I think that all my colleagues would agree with me on that.

First of all, Secretary Powell, President Bush announced that the US-Visa (sic) -- what we know as US-Visa (sic) would not be used to fingerprint and photograph Mexican nationals entering the United States with border-crossing cards. Reportedly, the president acceded to the demands of President Vicente Fox who was concerned that it was unfair that Mexican nationals would be processed through US-Visa (sic) while citizens of visa waiver countries were not.

Now that the citizens of visa waiver countries will be subject to this requirement, will the Mexican citizens holding border-crossing cards be subject to it as well?

SEC. POWELL: I need to yield to my colleague. But my judgment is no. If they are coming with the border-crossing cards for a limited period of time, 72 or 96 hours, I forget which it is, and a limited geographic destination within the United States, I didn't think we were planning to subject them to US-VISIT. But we can get that for the record.

SEC. RIDGE: Yeah, we will. I mean, particularly with regard to our-we're going to have to make some distinctions with regard to the land ports of entry, in order to comply with the congressional mandate to set up US-VISIT at the 50 largest land ports of entry-obviously, Canada and Mexico. And there will be some distinctions in those categories. I think that's one of them, but I'd like to get back to you in that regard.

REP. GALLEGLY: Well, I would appreciate that you would get back. I think, as we all know, the issue, particularly on the southern border, as a California resident-it's not limited to California-but I held a hearing, as I chair the Subcommittee on Anti-Terrorism and Nonproliferation, a subcommittee hearing, field hearing, in California recently. And we had a former U.S. attorney testify before the committee that had really concerns about this very issue, and he said, "You know, if we have uneducated, unsophisticated and relatively poor folks without any resources that can pretty well find a way to get across that border, what does that say about those that are sophisticated, well-educated and well-funded?"

And it is a major concern of mine. I'd just like to get your response.

SEC. RIDGE: And we will get back to you (certainly ?) in writing. But I think you are aware of the fact that through our offices in Mexico now, when they get that-the laser card, they do give us their photograph, they do give us a fingerprint. And we do have readers, and we can refer them to secondary inspection, with readers to confirm their identity.

But I would like to get back and further amplify that in response to you, in writing.

REP. GALLEGLY: When you do that, I'd appreciate that you go a little beyond that --

SEC. RIDGE: Correct.

REP. GALLEGLY: -- and talk about how many are actually-these cards are fed through a reader and how many are just waved through as a result of a long line. That's a major concern.

And Tom, perhaps you can answer this question as well. Visa Waiver countries are also required to report all stolen passports.

SEC. RIDGE: Yup.

REP. GALLEGLY: But there is some indication that this requirement is not consistently adhered to. What plans are there to increase compliance with this requirement?

SEC. POWELL: Let me take that, sir, and look into it. I don't have the facts. We'll get an answer for you, for the record, as to which countries we believe have been deficient and what we're doing about it.

SEC. RIDGE: Yeah. We are working with Secretary Powell. We're going back to take a look at-since the inception of the Department of Homeland Security, take a look at the number of reported visas that have been stolen. Historically, the process is, the country reports to the secretary of State. Since the department has been up, the secretary of State sends that information to us.

I know the chairman asked about a series of stolen French passports. You'll be happy to know, Mr. Chairman, that that information was related to the secretary of State. We had and we denied entry a couple days ago to somebody trying to use one of those stolen passports.

REP. GALLEGLY: Thank you very much, Secretary Powell, Secretary Ridge, and I look forward to your response.

And thank you, Mr. Chairman. Yield back.