Opening Statement of Chairman Hostettler at the Immigration, Border Security, and Claims' Subcommittee

Opening Statement of Chairman Hostettler at the Immigration, Border Security, and Claims' Subcommittee
Hearing on the Visa Waiver Program and Homeland Security

Good afternoon. Today we meet to determine whether the Department of Homeland Security (DHS) is prepared to address the October 26, 2005 deadlines mandated by law, that come into effect on that date with regard to countries in the Visa Waiver Program.

"This program allows travelers from certain designated countries to come to the United States as temporary visitors for business or pleasure without having to obtain a non immigrant visa. There are currently 27 countries participating and its estimated that as many as 20 million foreign visitors entered the U.S. under the program in 2004. Clearly, it is of great importance to the U.S. travel and tourism industry, and to the 22 million Americans employed in that industry.

"Since its creation in 1986, the program has greatly facilitated travel to the United States from 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 risk of being security threats or overstaying the period of their admittance. Rules for eligible countries include the security of the travel documents they issue, among others, which is evaluated by the U.S. government to validate continued participation.

"The presumption is, because of the evaluation by DHS of the respective country's management of its travel documents, there is no need for pre-screening by State Department consular officers abroad. Without the exemption provided by the Visa Waiver Program, the consular officers would need to review documents provided by a visa applicant and interview the applicant to determine whether he or she posed a danger or was likely to overstay.

"This premise may have been true in years past, it is not the case today. In December, 2004, a ‘Review of the Use of Stolen Passports from Visa Wavier Countries to Enter the United States' issued by the DHS Office of Inspector General (OIG) painted a rather frightening picture. The OIG report said that aliens using stolen passports have little reason to fear being caught, are usually admitted and that is made only a small difference whether the stolen passports were posted in the lookout system. When the results of that report are combined with continuing revelations of stolen blank passports, such as the thousands stolen in France last year, it seems to me that Congress needs to look again at DHS' security management of the program.

"The Enhanced Visa Security and Visa Entry Reform Act of 2002 levied a series of requirements and deadlines to address the threats from terrorism from visitors entering as tourists and foreign students. Among these, it requires that by no later than October 26, 2004, the governments of visa waiver program countries certify that they have programs to issue to their nationals machine-readable passports that are tamper-resistant and that incorporate biometric identifiers that comply with biometric identifier standards established by the International Civil Aviation Organization (ICAO). On or after this date, any alien applying for admission under the program must present a passport that meets these standards (unless the passport was issued prior to this date).

"Last year, Congress acted to extend that important deadline for one year, in response to a request from the Administration, and promises by the Secretary of Homeland Security to strengthen inspections of Visa Waiver Country programs for strengthening passport security.

"This requirement would allow DHS inspectors at ports of entry to determine whether a passport properly identifies its bearer. This will combat terrorist imposters and prevent them from defeating lookout lists on which they are posted. Second, it will make passports harder to alter or counterfeit. Third, in conjunction with the planned installation of scanners at ports of entry to read the passports, the DHS can track the arrival and departure of travelers and identify those who overstay their visas.

"I would like to clarify for the record that the Border Security Act of 2002 required only that Visa Waiver Program countries issue passports for which the biometric identifiers and document security standards met ICAO standards and that were machine readable. There was no requirement for a chip to be placed in a passport or in a visa in that Act. Nor did the legislative history nor any subsequent action by the Committee on the Judiciary or any other body of Congress call for a chip to become an integral part of travel document security required for Visa Waiver Program countries. The act addressed the machine readable ICAO standards that were in place at the time of passage in 2002.

"The ‘chip standards' referred to in newspaper accounts which are effecting the delay are those established by the European Union, to apply to its member countries. If a Visa Waiver Country decides to employ a chip as a security improvement to confirm identity, then the law requires it comply with ICAO standards, but it is not currently a requirement of U.S. law or of published U.S. government rules for the program.

"Once the chip technology is refined, and becomes a reliable and proven means to improve passport security, it will be a useful tool for port of entry inspections. But a chip is not essential to enforcing the requirement established by Congress. The Border Security Act required only a biometric identifier and document security that met ICAO standards. The European Union's efforts to improve security are laudable, but the deadline is important to assure the public that we're serious about border security, and about protecting against future terrorist attacks potentially launched from Europe.

"Belgium has been issuing a viable passport since 2004 that appears to fully comply with the Act's requirements. Our first witness today will provide us with the details of Belgium's success story.

"The U.S. needs to establish specific and unambiguous requirements for biometric identifiers on travel documents presented by foreign governments in the Visa Waiver Program. It is the responsibility of the Department of Homeland Security to set those requirements and notify Visa Waiver Program countries what it is we will expect of them on October 26 of this year."

http://www.house.gov/hostettler/News/Hostettler-news-2005-04-21-visa-waiver-statement.htm