[Congressional Record Volume 161, Number 177 (Tuesday, December 8, 2015)]
[House]
[Pages H9047-H9061]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VISA WAIVER PROGRAM IMPROVEMENT AND TERRORIST TRAVEL PREVENTION ACT OF
2015
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 158) to clarify the grounds for ineligibility for travel to
the United States regarding terrorism risk, to expand the criteria by
which a country may be removed from the Visa Waiver Program, to require
the Secretary of Homeland Security to submit a report on strengthening
the Electronic System for Travel Authorization to better secure the
international borders of the United States and prevent terrorists and
instruments of terrorism from entering the United States, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 158
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Visa Waiver Program
Improvement and Terrorist Travel Prevention Act of 2015''.
SEC. 2. ELECTRONIC PASSPORT REQUIREMENT.
(a) Requirement for Alien to Possess Electronic Passport.--
Section 217(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1187(a)(3)) is amended to read as follows:
``(3) Passport requirements.--The alien, at the time of
application for admission, is in possession of a valid
unexpired passport that satisfies the following:
``(A) Machine readable.--The passport is a machine-readable
passport that is tamper-resistant, incorporates document
authentication identifiers, and otherwise satisfies the
internationally accepted standard for machine readability.
``(B) Electronic.--Beginning on April 1, 2016, the passport
is an electronic passport that is fraud-resistant, contains
relevant biographic and biometric information (as determined
by the Secretary of Homeland Security), and otherwise
satisfies internationally accepted standards for electronic
passports.''.
(b) Requirement for Program Country to Validate
Passports.--Section 217(c)(2)(B) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)(2)(B)) is amended to read
as follows:
``(B) Passport program.--
``(i) Issuance of passports.--The government of the country
certifies that it issues to its citizens passports described
in subparagraph (A) of subsection (a)(3), and on or after
April 1, 2016, passports described in subparagraph (B) of
subsection (a)(3).
``(ii) Validation of passports.--Not later than October 1,
2016, the government of the country certifies that it has in
place mechanisms to validate passports described in
subparagraphs (A) and (B) of subsection (a)(3) at each key
port of entry into that country. This requirement shall not
apply to travel between countries which fall within the
Schengen Zone.''.
(c) Conforming Amendment.--Section 303(c) of the Enhanced
Border Security and Visa Entry Reform Act of 2002 is repealed
(8 U.S.C. 1732(c)).
SEC. 3. RESTRICTION ON USE OF VISA WAIVER PROGRAM FOR ALIENS
WHO TRAVEL TO CERTAIN COUNTRIES.
Section 217(a) of the Immigration and Nationality Act (8
U.S.C. 1187(a)), as amended by this Act, is further amended
by adding at the end the following:
[[Page H9048]]
``(12) Not present in iraq, syria, or any other country or
area of concern.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C)--
``(i) the alien has not been present, at any time on or
after March 1, 2011--
``(I) in Iraq or Syria;
``(II) in a country that is designated by the Secretary of
State under section 6(j) of the Export Administration Act of
1979 (50 U.S.C. 2405) (as continued in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.)), section 40 of the Arms Export Control Act (22
U.S.C. 2780), section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371), or any other provision of law, as a
country, the government of which has repeatedly provided
support of acts of international terrorism; or
``(III) in any other country or area of concern designated
by the Secretary of Homeland Security under subparagraph (D);
and
``(ii) regardless of whether the alien is a national of a
program country, the alien is not a national of--
``(I) Iraq or Syria;
``(II) a country that is designated, at the time the alien
applies for admission, by the Secretary of State under
section 6(j) of the Export Administration Act of 1979 (50
U.S.C. 2405) (as continued in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)),
section 40 of the Arms Export Control Act (22 U.S.C. 2780),
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C.
2371), or any other provision of law, as a country, the
government of which has repeatedly provided support of acts
of international terrorism; or
``(III) any other country that is designated, at the time
the alien applies for admission, by the Secretary of Homeland
Security under subparagraph (D).
``(B) Certain military personnel and government
employees.--Subparagraph (A)(i) shall not apply in the case
of an alien if the Secretary of Homeland Security determines
that the alien was present--
``(i) in order to perform military service in the armed
forces of a program country; or
``(ii) in order to carry out official duties as a full time
employee of the government of a program country.
``(C) Waiver.--The Secretary of Homeland Security may waive
the application of subparagraph (A) to an alien if the
Secretary determines that such a waiver is in the law
enforcement or national security interests of the United
States.
``(D) Countries or areas of concern.--
``(i) In general.--Not later than 60 days after the date of
the enactment of this paragraph, the Secretary of Homeland
Security, in consultation with the Secretary of State and the
Director of National Intelligence, shall determine whether
the requirement under subparagraph (A) shall apply to any
other country or area.
``(ii) Criteria.--In making a determination under clause
(i), the Secretary shall consider--
``(I) whether the presence of an alien in the country or
area increases the likelihood that the alien is a credible
threat to the national security of the United States;
``(II) whether a foreign terrorist organization has a
significant presence in the country or area; and
``(III) whether the country or area is a safe haven for
terrorists.
``(iii) Annual review.--The Secretary shall conduct a
review, on an annual basis, of any determination made under
clause (i).
``(E) Report.--Beginning not later than one year after the
date of the enactment of this paragraph, and annually
thereafter, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on the Judiciary of the House
of Representatives, and the Committee on Homeland Security
and Governmental Affairs, the Committee on Foreign Relations,
the Select Committee on Intelligence, and the Committee on
the Judiciary of the Senate a report on each instance in
which the Secretary exercised the waiver authority under
subparagraph (C) during the previous year.''.
SEC. 4. DESIGNATION REQUIREMENTS FOR PROGRAM COUNTRIES.
(a) Reporting Lost and Stolen Passports.--Section
217(c)(2)(D) of the Immigration and Nationality Act (8 U.S.C.
1187(c)(2)(D)), as amended by this Act, is further amended by
striking ``within a strict time limit'' and inserting ``not
later than 24 hours after becoming aware of the theft or
loss''.
(b) Interpol Screening.--Section 217(c)(2) of the
Immigration and Nationality Act (8 U.S.C. 1187(c)(2)), as
amended by this Act, is further amended by adding at the end
the following:
``(G) Interpol screening.--Not later than 270 days after
the date of the enactment of this subparagraph, except in the
case of a country in which there is not an international
airport, the government of the country certifies to the
Secretary of Homeland Security that, to the maximum extent
allowed under the laws of the country, it is screening, for
unlawful activity, each person who is not a citizen or
national of that country who is admitted to or departs that
country, by using relevant databases and notices maintained
by Interpol, or other means designated by the Secretary of
Homeland Security. This requirement shall not apply to travel
between countries which fall within the Schengen Zone.''.
(c) Implementation of Passenger Information Exchange
Agreement.--Section 217(c)(2)(F) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)(2)(F)), as amended by this
Act, is further amended by inserting before the period at the
end the following: ``, and fully implements such agreement''.
(d) Termination of Designation.--Section 217(f) of the
Immigration and Nationality Act (8 U.S.C. 1187(f)) is amended
by adding at the end the following:
``(6) Failure to share information.--
``(A) In general.--If the Secretary of Homeland Security
and the Secretary of State jointly determine that the program
country is not sharing information, as required by subsection
(c)(2)(F), the Secretary of Homeland Security shall terminate
the designation of the country as a program country.
``(B) Redesignation.--In the case of a termination under
this paragraph, the Secretary of Homeland Security shall
redesignate the country as a program country, without regard
to paragraph (2) or (3) of subsection (c) or paragraphs (1)
through (4), when the Secretary of Homeland Security, in
consultation with the Secretary of State, determines that the
country is sharing information, as required by subsection
(c)(2)(F).
``(7) Failure to screen.--
``(A) In general.--Beginning on the date that is 270 days
after the date of the enactment of this paragraph, if the
Secretary of Homeland Security and the Secretary of State
jointly determine that the program country is not conducting
the screening required by subsection (c)(2)(G), the Secretary
of Homeland Security shall terminate the designation of the
country as a program country.
``(B) Redesignation.--In the case of a termination under
this paragraph, the Secretary of Homeland Security shall
redesignate the country as a program country, without regard
to paragraph (2) or (3) of subsection (c) or paragraphs (1)
through (4), when the Secretary of Homeland Security, in
consultation with the Secretary of State, determines that the
country is conducting the screening required by subsection
(c)(2)(G).''.
SEC. 5. REPORTING REQUIREMENTS.
(a) In General.--Section 217(c) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)), as amended by this Act,
is further amended--
(1) in paragraph (2)(C)(iii)--
(A) by striking ``and the Committee on International
Relations'' and inserting ``, the Committee on Foreign
Affairs, and the Committee on Homeland Security''; and
(B) by striking ``and the Committee on Foreign Relations''
and inserting ``, the Committee on Foreign Relations, and the
Committee on Homeland Security and Governmental Affairs'';
and
(2) in paragraph (5)(A)(i)--
(A) in subclause (III)--
(i) by inserting after ``the Committee on Foreign
Affairs,'' the following: ``the Permanent Select Committee on
Intelligence,'';
(ii) by inserting after ``the Committee on Foreign
Relations,'' the following: ``the Select Committee on
Intelligence''; and
(iii) by striking ``and'' at the end;
(B) in subclause (IV), by striking the period at the end
and inserting the following: ``; and''; and
(C) by adding at the end the following:
``(V) shall submit to the committees described in subclause
(III), a report that includes an assessment of the threat to
the national security of the United States of the designation
of each country designated as a program country, including
the compliance of the government of each such country with
the requirements under subparagraphs (D) and (F) of paragraph
(2), as well as each such government's capacity to comply
with such requirements.''.
(b) Date of Submission of First Report.--The Secretary of
Homeland Security shall submit the first report described in
subclause (V) of section 217(c)(5)(A)(i) of the Immigration
and Nationality Act (8 U.S.C. (c)(5)(A)(i)), as added by
subsection (a), not later than 90 days after the date of the
enactment of this Act.
SEC. 6. HIGH RISK PROGRAM COUNTRIES.
Section 217(c) of the Immigration and Nationality Act (8
U.S.C. 1187(c)), as amended by this Act, is further amended
by adding at the end the following:
``(12) Designation of high risk program countries.--
``(A) In general.--The Secretary of Homeland Security, in
consultation with the Director of National Intelligence and
the Secretary of State, shall evaluate program countries on
an annual basis based on the criteria described in
subparagraph (B) and shall identify any program country, the
admission of nationals from which under the visa waiver
program under this section, the Secretary determines presents
a high risk to the national security of the United States.
``(B) Criteria.--In evaluating program countries under
subparagraph (A), the Secretary of Homeland Security, in
consultation with the Director of National Intelligence and
the Secretary of State, shall consider the following
criteria:
``(i) The number of nationals of the country determined to
be ineligible to travel to the United States under the
program during the previous year.
``(ii) The number of nationals of the country who were
identified in United States Government databases related to
the identities of known or suspected terrorists during the
previous year.
[[Page H9049]]
``(iii) The estimated number of nationals of the country
who have traveled to Iraq or Syria at any time on or after
March 1, 2011 to engage in terrorism.
``(iv) The capacity of the country to combat passport
fraud.
``(v) The level of cooperation of the country with the
counter-terrorism efforts of the United States.
``(vi) The adequacy of the border and immigration control
of the country.
``(vii) Any other criteria the Secretary of Homeland
Security determines to be appropriate.
``(C) Suspension of designation.--The Secretary of Homeland
Security, in consultation with the Secretary of State, may
suspend the designation of a program country based on a
determination that the country presents a high risk to the
national security of the United States under subparagraph (A)
until such time as the Secretary determines that the country
no longer presents such a risk.
``(D) Report.--Not later than 60 days after the date of the
enactment of this paragraph, and annually thereafter, the
Secretary of Homeland Security, in consultation with the
Director of National Intelligence and the Secretary of State,
shall submit to the Committee on Homeland Security, the
Committee on Foreign Affairs, the Permanent Select Committee
on Intelligence, and the Committee on the Judiciary of the
House of Representatives, and the Committee on Homeland
Security and Governmental Affairs, the Committee on Foreign
Relations, the Select Committee on Intelligence, and the
Committee on the Judiciary of the Senate a report, which
includes an evaluation and threat assessment of each country
determined to present a high risk to the national security of
the United States under subparagraph (A).''.
SEC. 7. ENHANCEMENTS TO THE ELECTRONIC SYSTEM FOR TRAVEL
AUTHORIZATION.
(a) In General.--Section 217(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1187(h)(3)) is amended--
(1) in subparagraph (C)(i), by inserting after ``any such
determination'' the following: ``or shorten the period of
eligibility under any such determination'';
(2) by striking subparagraph (D) and inserting the
following:
``(D) Fraud detection.--The Secretary of Homeland Security
shall research opportunities to incorporate into the System
technology that will detect and prevent fraud and deception
in the System.
``(E) Additional and previous countries of citizenship.--
The Secretary of Homeland Security shall collect from an
applicant for admission pursuant to this section information
on any additional or previous countries of citizenship of
that applicant. The Secretary shall take any information so
collected into account when making determinations as to the
eligibility of the alien for admission pursuant to this
section.
``(F) Report on certain limitations on travel.--Not later
than 30 days after the date of the enactment of this
subparagraph and annually thereafter, the Secretary of
Homeland Security, in consultation with the Secretary of
State, shall submit to the Committee on Homeland Security,
the Committee on the Judiciary, and the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs, the Committee on
the Judiciary, and the Committee on Foreign Relations of the
Senate a report on the number of individuals who were denied
eligibility to travel under the program, or whose eligibility
for such travel was revoked during the previous year, and the
number of such individuals determined, in accordance with
subsection (a)(6), to represent a threat to the national
security of the United States, and shall include the country
or countries of citizenship of each such individual.''.
(b) Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of State, shall submit to the
Committee on Homeland Security, the Committee on the
Judiciary, and the Committee on Foreign Affairs of the House
of Representatives, and the Committee on Homeland Security
and Governmental Affairs, the Committee on the Judiciary, and
the Committee on Foreign Relations of the Senate a report on
steps to strengthen the electronic system for travel
authorization authorized under section 217(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1187(h)(3))) in
order to better secure the international borders of the
United States and prevent terrorists and instruments of
terrorism from entering the United States.
SEC. 8. PROVISION OF ASSISTANCE TO NON-PROGRAM COUNTRIES.
The Secretary of Homeland Security, in consultation with
the Secretary of State, shall provide assistance in a risk-
based manner to countries that do not participate in the visa
waiver program under section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187) to assist those countries
in--
(1) submitting to Interpol information about the theft or
loss of passports of citizens or nationals of such a country;
and
(2) issuing, and validating at the ports of entry of such a
country, electronic passports that are fraud-resistant,
contain relevant biographic and biometric information (as
determined by the Secretary of Homeland Security), and
otherwise satisfy internationally accepted standards for
electronic passports.
SEC. 9. CLERICAL AMENDMENTS.
(a) Secretary of Homeland Security.--Section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), as amended
by this Act, is further amended by striking ``Attorney
General'' each place such term appears (except in subsection
(c)(11)(B)) and inserting ``Secretary of Homeland Security''.
(b) Electronic System for Travel Authorization.--Section
217 of the Immigration and Nationality Act (8 U.S.C. 1187),
as amended this Act, is further amended--
(1) by striking ``electronic travel authorization system''
each place it appears and inserting ``electronic system for
travel authorization'';
(2) in the heading in subsection (a)(11), by striking
``electronic travel authorization system'' and inserting
``electronic system for travel authorization''; and
(3) in the heading in subsection (h)(3), by striking
``electronic travel authorization system'' and inserting
``electronic system for travel authorization''.
SEC. 10. SENSE OF CONGRESS.
It is the sense of Congress that the International Civil
Aviation Organization, the specialized agency of the United
Nations responsible for establishing international standards,
specifications, and best practices related to the
administration and governance of border controls and
inspection formalities, should establish standards for the
introduction of electronic passports (referred to in this
section as ``e-passports''), and obligate member countries to
utilize such e-passports as soon as possible. Such e-
passports should be a combined paper and electronic passport
that contains biographic and biometric information that can
be used to authenticate the identity of travelers through an
embedded chip.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentlewoman from California (Ms.
Lofgren) each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.
{time} 1530
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials on H.R. 158 currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that debate on
this motion be extended by 10 minutes on each side.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I support H.R. 158, the Visa Waiver Program Improvement
and Terrorist Travel Prevention Act of 2015.
The Visa Waiver Program allows nationals of 38 countries to travel to
the United States for a maximum of 90 days for business or tourism
purposes without obtaining a visa. The travelers must present a valid
machine-readable passport and meet certain other immigration and
security requirements.
In order to be designated a VWP country, a nation must offer
reciprocal visa-free travel to U.S. citizens, agree to share security-
related information such as whether citizens of that country traveling
to the U.S. represent a threat to U.S. security or welfare, agree to
timely report lost and stolen passports, and have less than a 3 percent
visa refusal rate in the year prior to designation years, among other
requirements.
The VWP was created in 1986 as a way to promote and facilitate travel
and tourism to the United States. It has done just that, with hundreds
of millions of foreign nationals traveling to the U.S. since the
program's implementation. So the positive effects of the VWP on the
U.S. economy should not be understated.
Yet no amount of economic stimulation is worth risking the lives of
our constituents, and recent events around the world necessitate
changes to the VWP in order to help ensure its safety. Of particular
concern is the rise of ISIS in the Middle East and the large number of
Europeans and other nationalities who have gone to Syria, Iraq, and
other countries of concern in order to train and fight alongside ISIS
and the radical Islamist terrorists.
With their VWP country passports, those terrorists can board a plane
[[Page H9050]]
bound for the U.S. and can reach U.S. shores with relative ease. In VWP
cases, there is no in-person interview with a U.S. consular officer,
and there is no pretravel enhanced screening. So we must help make sure
that the VWP is as secure as possible.
H.R. 158 takes constructive steps in this direction with provisions
preventing dual nationals of, or those who have recently traveled to,
Iraq, Syria, or other countries of concern, from visa-free travel to
the U.S. Among other security enhancements, the bill requires VWP
countries to issue e-Passports to their nationals and continuously
share terrorism and foreign traveler data with us.
The VWP is only one part of the national discussion that we should be
having. There are Islamist terrorists looking at all aspects of our
immigration policy to find any way possible to exploit it. We learned
that lesson on 9/11, and we learned that lesson last week in San
Bernardino.
Mr. Speaker, I hope this body continues to address deficiencies in
U.S. immigration policy by taking up and passing additional House
Judiciary Committee bills, including those reported out of the
Judiciary Committee to reform the U.S. asylum process, to change the
way unaccompanied alien minors are treated when they cross the U.S.
border so that there is no longer an incentive to run across the
border, and to finally prevent the interior immigration enforcement
switch from being turned off at the whim of whoever resides at 1600
Pennsylvania Avenue.
Mr. Speaker, I thank the gentlewoman from Michigan (Mrs. Miller) and
the chairman of the Homeland Security Committee, as well as their staff
members, for their work on the bill.
Much more needs to be done to prevent exploitation of U.S.
immigration policy by terrorists, but H.R. 158 is another good step in
helping to ensure the safety of Americans, and I support it.
Mr. Speaker, I reserve the balance of my time.
Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, today we come together to address vulnerabilities in our
Visa Waiver Program to make our country safer.
What is the Visa Waiver Program? It was established long before 9/11.
In order for a country to be admitted to the Visa Waiver Program, fewer
than 3 percent of its applicants for a visitor visa can be denied.
Often, the denial of a visitor's visa has nothing to do with security.
Rather, it is frequently based on a judgment of whether the applicant
is likely to return to his home country.
It is fair to say that persons who are poor are often judged to be
less likely to return to their home country than a more affluent
applicant with extensive financial ties to his or her home. That is the
reason why there are no impoverished countries in the Visa Waiver
Program.
Most of Europe, Japan, Singapore, Australia, South Korea, and the
like are in the program--38 countries in all. The 38 countries agree to
share security information with the United States.
The Visa Waiver Program also is reciprocal, allowing Americans to
travel to these 38 countries without getting a visitor's visa. For
these 38 countries, visitors fill out a form in advance that is then
checked against databases. An ePassport is required for travel, but no
visa. However, at the point of entry, an intending visitor from a visa
waiver country can be turned away if he is not found admissible under
immigration law. For example, a visa waiver visitor who reveals he
intends to study in the United States or to marry and remain in the
U.S. will be denied entry at the airport by a Customs and Border
Protection officer.
Mr. Speaker, people who do not reside in these 38 countries can still
visit the United States, but they have to obtain a visitor's visa to do
so, and this is exactly the same for those who are ineligible for the
Visa Waiver Program under this bill.
The Visa Waiver Program enables millions of tourists and business
travelers to come to the U.S. every year for short trips that
altogether bring over $190 billion a year in business and tax revenue.
This program is important to our economy and the country.
At the same time, Mr. Speaker, in the wake of the November 13
terrorist attacks, we must review this program to make sure it meets
our present-day security needs since it was designed prior to 9/11.
This bipartisan bill incorporates simple changes to enhance security in
the Visa Waiver Program.
The most important parts of the legislation provide for specific,
concrete changes to ensure better information sharing among
intelligence and law enforcement agencies.
{time} 1545
It requires screening of all travelers against INTERPOL databases. It
makes it harder to falsify identity by requiring fraud-resistant e-
Passports that contain biometric information. It compels U.S. security
agencies to conduct more frequent threat assessments of visa waiver
countries, something not currently part of the law.
For those who have traveled to or are nationals of certain high-
threat countries, a visa interview, rather than visa-free travel, will
be required. These individuals are not barred from traveling to the
United States.
We know that thousands of European citizens have traveled to Syria.
Some are there on humanitarian missions, like Doctors Without Borders,
and we thank them. Some went to fight with ISIS. The visa interview,
conducted by a U.S. consular official, will establish the circumstances
of the visit. If you are a German citizen who visited Syria last year,
you will have the same visa process that every Israeli, every Pole,
every Ethiopian, and every Mexican has. None of us has said it is
unreasonable that people in Thailand, India, or Brazil undergo
interviews for visitor visas. And this change in the Visa Waiver
Program is not unreasonable either.
This visa waiver legislation stands in stark contrast to the
Republican-led refugee bill that was rushed to the floor 3 weeks ago.
That ineffective and mean-spirited bill would shut down the U.S.
refugee program for Syrians and Iraqis fleeing civil war and the
brutality of ISIS. And it does so notwithstanding the fact that
refugees are subject to 18 to 24 months of thorough screening before
ever setting foot on U.S. soil, a more rigorous process than any other
immigrant or traveler to the United States is subject to.
The refugee bill does absolutely nothing to make us safer, and it is
a betrayal of our values. It would have us turn our back on refugee
women and children and on our proud history as a country that provides
safe haven to the world's most vulnerable. I will continue to do
everything in my power to see that it never becomes law.
While the refugee bill showed our country and this body at its worst,
today's bill makes sensible improvements to the security of the Visa
Waiver Program. I thank my colleagues for working with me and the
Department of Homeland Security, the State Department, and the White
House to craft this targeted legislation. I strongly urge its support.
I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield 5 minutes to the gentlewoman from
Michigan (Mrs. Miller), the chief sponsor of this legislation, who is
also the chairman of the House Administration Committee.
Mrs. MILLER of Michigan. Mr. Speaker, I thank the gentleman for
yielding.
Mr. Speaker, the 9/11 Commission said that ``For terrorists, travel
documents are as important as weapons.'' And I couldn't agree more. We
simply cannot give people from other countries special access to our
country if we don't have all of the information that we absolutely need
to ensure that they are not a threat to our national security.
I believe that the bill that we are considering today is the first of
many, quite frankly, aimed at improving our security protocols. We need
to have a comprehensive, complete review of all of our visa programs,
including K1 visas, the so-called ``fiance visa,'' which was used by
the female terrorist in the San Bernardino attack to enter the United
States. As well, the issue of visa overstays also needs to be
addressed.
Today, the House is taking a very important step forward by
considering this bill, which is focused on those traveling to the U.S.
without a visa.
As was said, the Visa Waiver Program actually was established back in
[[Page H9051]]
the eighties to expedite tourism and trade as well, and it has worked
very, very well economically for our country. Today there are 38
companies that participate; and their citizens, although they are
required to have a passport, are not required to go to a U.S. Embassy
or to a consulate to obtain a visa.
Obviously, the world is a much different place today, and our
security measures must evolve to meet any and all threats, which is why
I introduced this bill.
This bill has gone through regular order. As chairman of the Border
and Maritime Security Subcommittee, I have held two hearings on this.
It actually passed out of the full Homeland Security Committee as well
on a unanimous vote, every Republican, every Democrat. Because before
we are anything else, we are all Americans first, and we all recognize
the vulnerabilities of our current program.
Information sharing, especially with our European allies, is vital,
absolutely vital to help combat the threat of foreign fighters bound
for the United States. There is absolutely no second for having good
information. We need to be certain that participating countries are
giving us all of the information that we need from either their own
terror watch list or travel manifests, and that all of the information
protocols are being shared.
As we know, sometimes it is not until after the fact that some of the
participating countries actually provide us the names of individuals
who they knew were a terror threat. That is unacceptable.
This bill will change that because what this bill does is it gives
the authority to the Secretary of Homeland Security to either suspend
or terminate a country's participation in this program if we don't feel
confident that we are getting all the critical information that we need
to stop terrorists from exploiting this program to travel into the U.S.
So, at this time, we still have an information sharing problem with
some of our closest allies. And as the 9/11 Commission also accurately
noted, we need to move from the mindset of the need-to-know information
to the need-to-share information.
Information sharing must happen, and this bill gives America the
leverage that it needs to make sure that the information critical to
our homeland security is being shared appropriately.
It will also disqualify anyone who has traveled to Syria, Iraq,
Sudan, and Iran within the past 5 years from participating in this
program. In an abundance of caution, we will now require those
individuals to apply for a visa and go through the formal visa
screening process.
It will also give the Secretary of Homeland Security the discretion
to designate other countries that have significant terror concerns, or
become terror safe havens in the future.
Additionally, we will be requiring all participating countries to
adopt e-Passports, like we have here in the United States, so that we
are able to eliminate passport fraud.
Mr. Speaker, as Americans, we live in a free and open society, and
enemies of freedom are looking to use our freedoms against us. This
bill will stop the enemies' ability to move internationally by
strengthening the Visa Waiver Program. It is a critical component of
keeping our homeland safe.
I want to thank the House leadership for ensuring prompt
consideration of this bill on the floor. I certainly want to thank
Chairman McCaul and Chairman Goodlatte for working as well. And I also
want to give a special thanks as well to Representative Katko from New
York, who is the chairman of the Foreign Fighter Task Force, which
really helped make this bill a much stronger product.
It is my hope that a very strong, bipartisan vote on this bill today
will send a message to terrorists that America is prepared to take any
and all measures to protect our homeland.
Ms. LOFGREN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Michigan (Mr. Conyers), the ranking member of the full
committee.
Mr. CONYERS. Mr. Speaker, Members of the House, as much as any Member
in this body, I appreciate the unique situation our Nation is in as we
struggle to effectively combat terrorism, while adhering to our
Nation's commitment to freedom and liberty.
I fully recognize and appreciate that the bill before us today
represents an effort to craft a more bipartisan response to recent
terrorist incidents, particularly when compared to the seriously flawed
refugee bill that this body voted on only several weeks ago.
I commend the office for including many commonsense improvements to
the Visa Waiver Program that will improve the system in a neutral and
nondiscriminatory manner. However, I believe that provisions in the
legislation restricting the use of the Visa Waiver Program to
individuals who have traveled to Syria or Iraq or are dual nationals of
these or other covered nations are discriminatory. I understand that
these individuals are not banned from traveling to our Nation and are
simply subject to increased questioning and scrutiny before they can
travel here.
However, history has shown us that arbitrary across-the-board
judgments based on broad characteristics such as these do nothing to
enhance our security and only cast a cloud of suspicion over entire
communities here in our country.
Equally problematic is the provision's overbreadth. It contains no
exceptions for journalists, researchers, human rights investigators, or
other professionals. This will make it harder, not easier, to document
and respond to human rights violations and other abuses. I also believe
the provision should have included a sunset date so that we can assess
its efficacy. I am further concerned that the new requirement will
result in our partner nations placing new limits on travel by United
States citizens to their own countries.
It is because of these problems that numerous civil rights and civil
liberties groups have expressed serious concerns or outright opposition
to the overall legislation, including the American Civil Liberties
Union, the Leadership Conference on Civil and Human Rights, the NAACP,
the American-Arab Anti-Discrimination Committee, the American
Immigration Lawyers Association, the Council on American-Islamic
Relations, the Arab-American Civil Rights League, Human Rights Watch,
and the League of United Latin American Citizens, among others.
Mr. Speaker, I include in the Record letters from those groups.
December 8, 2015.
Re: Visa Waiver Improvement and Terrorism Travel Prevention
Act of 2015, H.R. 158
U.S. Senate,
House of Representatives.
Dear Legislator: The Arab-American Civil Rights League
(``ACRL'') writes with grave concern regarding H.R. 158, the
Visa Waiver Improvement and Terrorism Travel Prevention Act
of 2015 (``HR 158''). HR 158 would amend the Visa Waiver
Program by mandating that individuals who have traveled to
Syria or Iraq in the past five years be barred from
participation in the Visa Waiver Program. The ACRL strongly
opposes such legislation on the grounds that it is both
discriminatory and ineffective--an ill-conceived legislative
backlash to recent tragedies.
HR 158's blanket ban upon persons who have visited the
countries of Iraq and Syria in the past five years will only
harm those who have legitimate reasons to visit the United
States, and will not effectively deter or prevent terrorists
and criminals from seeking to enter this country and do us
harm. Simply put, nefarious individuals seeking to enter the
United States to commit illegal acts of terror, will not be
dissuaded by federal law. It is nothing less than absurd to
think that an individual trying to enter the United States to
commit acts of terror will abide by our laws.
On the other hand, HR 158 will ban individuals who have
visited Syria and Iraq for legitimate reasons in the last
five years, for no other reason than their physical presence
in said countries. Consider the types of individuals that
would be banned: journalists, members of the clergy, family
visitors, and myriad others. HR 158 targets and punishes
entire swathes of people who have done nothing wrong, while
failing to effectively target those who seek to harm this
country. In all essence, HR 158 presumes that there are no
reasons for people to visit Syria and Iraq, and that anyone
who has been to those two countries should be suspected of
terrorism.
Far from enhancing our safety and security, HR 158 will
only further isolate and alienate people of Arab, Middle
Eastern, and South Asian descent. In this sense, HR 158 is a
victory for the terrorists, whose true goal is to disrupt our
society through acts of shocking violence and barbarism. Far
from playing into their hands, we should reaffirm our
national commitment to liberty, and continue to embrace
pluralism. At our core, we remain a nation of many cultures,
[[Page H9052]]
ethnicities, and faiths, and are far stronger when we defend
our core values and refuse to act in fear. Federal policy
must be carefully drafted and deliberated given its wide-
ranging scope and effect. As we have seen in the past with
other pieces of national security legislation, such
legislative acts can lead to slippery slopes. We at the ACRL
urge you to oppose HR 158, and specifically its mandatory
exclusion provisions, because they are ineffective, ill-
conceived, and un-American.
Respectfully submitted,
Arab-American Civil
Rights League (ACRL).
____
AILA: Congress Should Reject H.R. 158 Until Its Visa Waiver Program
Changes Are More Carefully Weighed
Washington, DC.--The American Immigration Lawyers
Association (AILA) expressed concerns regarding the Visa
Waiver Program Improvement and Terrorist Prevention Act, H.R.
158, and recommended Congress vote ``NO'' on the bill unless
modifications and clarifications are made.
``Protecting our nation from terrorists is absolutely
essential, and AILA understands and supports efforts to
strengthen the Visa Waiver Program, but Congress must
consider any legislative proposal carefully, and this bill is
getting rushed to the House floor without ever being reviewed
in Committee. In fact, the bill was not even made public
until just a day or two ago,'' said AILA President Victor
Nieblas Pradis.
``AILA has serious concerns that H.R. 158 would broadly
target descendants of Syrian or Iraqi nationals, or those
from other countries alleged to be supporting terrorism, who
may have little or no connection to those countries except by
parentage,'' Mr. Nieblas continued, referring to the bill's
blanket termination of participation in the Visa Waiver
Program (VWP) for anyone who is a ``national'' of Iraq or
Syria, or other designated countries. ``As written, the bill
could result in discrimination that will exclude people
without consideration of legitimate risk factors. For
instance, a child who has never been to Syria, but was born
in France to Syrian parents, would be ineligible for the
VWP.''
H.R. 158 also excludes from the program anyone who
travelled to countries alleged to be supporting terrorism
within the past five years, without sufficient authority to
waive revocation for those who clearly pose no threat. ``This
per se ban will hurt humanitarian workers and journalists who
are traveling to Iraq and Syria or other designated countries
to do life-saving work or to report on international events.
The bill's waiver will not help any of these people who have
visited for legitimate, even compelling reasons,'' Mr.
Nieblas noted, referring to a provision that allows the
Secretary of Homeland Security to waive the exclusion if the
waiver is in the interest of law enforcement or national
security, but makes no mention of humanitarian or other
grounds.
``History has shown overbroad programs that target people
based on nationality, race, ethnic origin or religion are not
effective at combatting terrorism. After 9/11, our government
forced thousands of people from Middle-Eastern countries, and
countries with predominantly Arab and Muslim populations, to
undergo special processes to register themselves with the
federal immigration authorities,'' Mr. Nieblas said,
referring to the 2002 special-registration program under
National Security Entry-Exit Registration System (NSEERS).
The U.S. government described special-registration as an
``inconvenience'' in the same way some are now justifying
H.R. 158's exclusion from VWP. He continued, ``Not a single
known terrorism-related conviction ever came out of NSEERS.
NSEERS is a stain on our nation's history that we should
never repeat.''
H.R. 158 would also establish additional reporting
requirements to Congress regarding use of the program,
additional eligibility requirements for VWP countries, and
enhancements to the Electronic System for Travel
Authorization (ESTA). The agencies involved in the VWP have
sought to continually improve and adapt the program as
circumstances change. As Congress aims to enhance the
program, it is essential that any changes are both workable
and effective.
``Standing by our founding principles of freedom and
liberty is what keeps us strong. AILA urges Congress to show
leadership by ensuring any legislation it passes is
consistent with our values as a nation, and is crafted in a
way that is workable, sensible, and based on good policy, not
political expediency,'' Mr. Nieblas concluded.
____
The Leadership Conference on
Civil and Human Rights,
Washington, DC, December 8, 2015.
Oppose H.R. 158, the Visa Waiver Program Improvement Act of
2015
Dear Representative: On behalf of The Leadership Conference
on Civil and Human Rights, a coalition of more than 200
national civil and human rights advocacy organizations, we
urge you to oppose H.R. 158, the Visa Waiver Program
Improvement Act of 2015. Section 3 of H.R. 158 would open the
door to the use of profiling on the basis of national origin,
while doing little, if anything, to promote national
security.
While H.R. 158 calls for a number of bipartisan
improvements to the visa waiver program (VWP), Section 3
would make two significant and unhelpful changes. First, it
would bar travelers from utilizing the process if they are
dual nationals of a VWP country and also of Iraq, Syria, or
other countries that are named as state sponsors of
terrorism. Its overly-broad language would apply to nationals
of those countries even if they have never set foot there,
and are only dual citizens because of the nationality of
their parents.
Second, it would exclude visitors from the VWP if they have
traveled to Iraq, Syria, or other designated countries, even
if they did so to provide medical or humanitarian assistance
or many other legitimate purposes. The effect of this on
national security is negligible at best, because it would
only affect people who entered those countries through
legitimate channels and accurately reported their travels--
not those who snuck in through the poorly-secured borders in
those countries to work with terrorist groups. In other
words, it would simply penalize travelers for being honest.
While Iraqi or Syrian dual nationals, or people who have
visited those countries, could still apply at a U.S.
consulate for a nonimmigrant visa, they would be subjected to
a process that raises concerns about ethnic and national
origin profiling and other arbitrary practices. Under current
procedures, consular decisions are not reviewable, which
raises the likelihood that low-risk individuals would be
barred from traveling to the United States altogether, while
high-risk individuals would simply find other ways of doing
harm.
We would support amendments to Section 3 that add due
process protections for affected travelers. Because the bill
is coming up on the suspension calendar, however, no such
amendments will be allowed. We recognize that Congress is
highly motivated to enact greater national security
protections in the wake of the Paris and San Bernadino
terrorist attacks, but we hope that you will reject this bill
in its current form and demand that it be improved.
Thank you for your consideration. If you have any
questions, please contact either of us or Rob Randhava,
Senior Counsel.
Sincerely,
Wade Henderson,
President & CEO.
Nancy Zirkin,
Executive Vice President.
____
December 7, 2015.
Re ACLU Concerns With the ``Visa Waiver Program Improvement
and Terrorist Travel Prevention Act of 2015'' (H.R. 158)
Dear Representative: On behalf of the American Civil
Liberties Union (ACLU), we urge you to amend the ``Visa
Waiver Program Improvement and Terrorist Travel Prevention
Act of 2015'' (H.R. 158).
I. H.R. 158 arbitrarily discriminates against nationals of Iraq, Syria,
Iran, or Sudan who are citizens of visa waiver program (``VWP'')
countries--based on their nationality and parentage.
The VWP is a long-established program that permits
nationals of certain countries to enter the U.S. as visitors
(tourists or business) without a visa, for up to 90 days.
H.R. 158 terminates travel privileges for all citizens of VWP
countries who are dual nationals of Iraq, Syria, Iran, or
Sudan. This revocation of VWP privileges would apply to all
nationals of Iraq, Syria, Iran, or Sudan even if they have
never resided in or traveled to Iraq or Syria. By singling
out these four nationalities to the exclusion of other dual
nationals in VWP countries, H.R. 158 amounts to blanket
discrimination based on nationality and national origin
without a rational basis.
There is no sufficient reason to justify the differential
treatment of VWP citizens who are nationals of Iraq, Syria,
Iran, or Sudan. There is no evidence to support assertion
that citizens of VWP countries, who are dual nationals of
these four are more likely to engage in terrorist acts
against the U.S.
Not only is H.R. 158 discriminatory, it is arbitrary.
Unlike the U.S. which grants citizenship to all children born
on U.S. soil, birth within Syria does not automatically
confer citizenship. Rather Syrian citizenship is conferred by
naturalization or descent. With respect to descent, Syrian
citizenship is conferred to children ``born of a Syrian
father, regardless of the child's country of birth'' or
children ``born of a Syrian mother and an unknown or
stateless father.'' The proposal would yield the untenable
result of folding such gender-based distinctions into U.S.
law.
Therefore, if H.R. 158 were to become law, the following
types of travelers would automatically lose their VWP
privileges, even if they have never been to Iraq or Syria:
Dual-national French citizen (born to Syrian father)
traveling to U.S. for business conferences and meetings;
Dual-national German citizen (born to Syrian father)
traveling to U.S. with vacation tour group;
Dual-national Austrian citizen (born to Syrian father)
traveling to the U.S. to take care of grandchild.
It is wrong and un-American to punish groups without reason
solely based on their nationality, national origin, religion,
gender, or other protected grounds.
II. H.R. 158 would end VWP privileges for all recent travelers to Iraq
or Syria, including those who traveled there for professional purposes
H.R. 158 would terminate VWP travel privileges for all who
have been present in Iraq or Syria at any time on or after
March 1, 2011. This broad travel restriction contains a very
[[Page H9053]]
narrow exception for certain military personnel and
government officials. All other travelers would automatically
lose their VWP privileges. Affected travelers would include
journalists, scholars, refugee caseworkers, humanitarian aid
workers, human rights investigators, and many others.
Under H.R. 158, the following types of travelers would
automatically lose their VWP privileges based on their travel
to Syria or Iraq since March 2011:
British citizen, working as a reporter for the London-based
Daily Telegraph who traveled to Syria to cover the civil war;
Swiss citizen, working as a social worker in a Kurdish
refugee camp in northern Iraq;
Belgian citizen, working as a human rights investigator to
document abuses committed by ISIL against Syrians.
Many of these VWP travelers have gone to Syria or Iraq for
professional purposes and are producing reports and providing
services that the U.S., indeed the whole world, depends upon,
now more than ever. They should not lose their VWP travel
privileges for their work in Syria or Iraq.
III. Congress must place a time limit on measures to revoke VWP travel
privileges
When Congress created the VWP years ago, Congress
authorized the Attorney General, in consultation with the
Secretary of State, to designate certain countries as VWP
countries. Congress has never codified any nationality-based
prohibitions for VWP program designation. If the House passes
this bill, it will be enshrining into statute that VWP
citizens, who happen to be Iraqi or Syrian nationals, are
categorically ineligible for VWP travel privileges even if
they have never been to Iraq or Syria.
In view of this extraordinary discriminatory measure,
Congress should limit the duration of this VWP restriction
and place a two-year sunset on this travel restriction. A
sunset provision would require Congress to reassess in two
years whether nationals of Iraq and Syria warrant such
selective targeting for VWP travel restriction purposes.
IV. Conclusion
While the ACLU recognizes the importance of a Congressional
response to the increase in recent terrorist attacks, we urge
Congress to exercise caution and to avoid passing legislation
that would broadly scapegoat groups based on nationality, and
would fan the flames of discriminatory exclusion, both here
and abroad. We, therefore, urge the House to amend H.R. 158
by: (1) Deleting the langpge that categorically strips VWP
privileges from all Iraqi and Syrian nationals; (2) Expanding
the exemption to include journalists, researchers, human
rights investigators, and other professionals; and (3)
Inserting a two-year sunset date to the travel restrictions
on the use of VWP.
In the absence of such changes, we have grave reservations
about this proposal.
For more information, please contact ACLU Legislative
Counsel Joanne Lin or Policy Counsel Chris Rickerd.
Sincerely,
Karin Johanson,
Director; Washington Legislative Office.
Joanne Lin,
Legislative Counsel.
Chris Rickerd,
Policy Counsel.
____
House of Representatives,
December 7, 2015.
Re Visa Waiver Program Improvement and Terrorist Travel
Prevention Act, H.R. 158.
Dear Representative: On behalf of the American-Arab Anti-
Discrimination Committee (ADC), I write to strongly urge you
to Vote No on the Visa Waiver Program Improvement and
Terrorist Travel Prevention Act, H.R. 158. We have serious
concerns on the application and enforcement of this bill if
it were to become law, specifically Section 3 which 1)
imposes a mandatory and categorically bar to the Visa Waiver
Program (VWP) on any individual who is a dual citizen of
Syria, Iraq, Sudan, and Iran; and 2) prohibits any person
whom has traveled to Syria, Iraq, Iran, and Sudan since March
1, 2011.
We understand that the U.S. House of Representatives may
push forward H.R. 158 through the omnibus appropriations
bill, and strongly request you to Vote No to H.R. 158 and/or
its inclusion in an omnibus bill because H.R. 158 is: 1)
ineffective to actually secure safety; and 2) intentionally
discriminates and profiles persons based on their national
origin.
Section 3's blanket exclusion of visitors to Iraq and Syria
would not be an effective security measure as it relies on
self-reporting accurate tracking of who visits those
countries that could be circumvented by someone intending to
do harm--the persons who are intent on engaging in terror
activities are not getting their passports stamped, they are
sneaking into Syria and Iraq. The provision is more likely to
screen out health and aid workers, clergymen, journalists,
teachers, military personnel, translators, family visitors
and others who are helping protect Americans or have
legitimate or completely innocent reasons to visit Syria or
Iraq--essentially penalizing them for their honesty and
performing humanitarian work.
It is not black and white, nor simple to suggest that H.R.
158 just requires individuals to get a visa. H.R. 158 is not
just a visa requirement, H.R. 158 is discriminatory. Section
3 imposes a mandatory bar to all persons whom are dual
citizens of Syria, Iraq, Sudan, and Iran is blatant profiling
on its face. Only nationals of particular countries
regardless of whether they have traveled to a terrorist
support country or not, have to meet additional requirements
they would not otherwise have to go through if they were not
Arab. It is premised on the unreliable assumption that Arabs
are more prone to terrorism and to commit terrorist acts, and
further perpetuates stereotypes that Arabs are terrorists.
There is no separate assessment and/or security review is
done that determines that specific person on a case by case
basis is a security threat, non-related to their identity,
place of birth, or country of national origin.
The fact is that terrorism is not limited to one particular
race, country of national origin, or religion, nor bound by
country borders. However, this bill paints Arabs as the
enemy, and makes VWP Arab nationals second class citizens in
their own country--they are not afforded the same benefits as
their fellow nationals. Many VWP nationals will be
arbitrarily denied entry by Customs and Border Patrol with
little to no notice of change in VWP requirements and no
review if that person actually presents a threat to national
security. Currently, Arabs face enormous scrutiny and
security checks to enter the U.S. and many have been denied
entry even with valid non-immigrant and immigrant visas,
based on no other reason but their national origin. You
should not support the further arbitrary exclusion of a group
of people based on nothing but that person's national origin.
Historically programs with sweeping powers to exclude
people based on nationality, race, ethnic origin or religion
have proven to be ineffective. In 2002, the U.S. government
established the special-registration program under National
Security Entry-Exit Registration System (NSEERS) requiring
heightened registration and scrutiny of people in the U.S.
who came from mostly Arab and Muslim countries. NSEERS was
initially portrayed as an anti-terrorism measure which
required male visitors to the U.S. from 25 Arab and Muslim
countries to be fingerprinted, photographed, and questioned
by immigration officers. Many whom complied with registration
were arbitrarily detained and deported. NSEERS proved to be
an ineffective counter-terrorism tool, and has not resulted
in a single known terrorism-related conviction. We also
should not forget the detrimental ramifications of blanket
immigration exclusion and discrimination against Asians with
the Chinese Exclusion Act.
Rather than imposing an ineffective ban from VWP on people
who set foot in Syria and Iraq and excluding groups of people
based on their national origin, Congress should consider
other security measures that would more effectively enhance
the Department of Homeland Security's screening process
overall. We must also be weary of how VWP countries will
treat Americans of Arab and Middle Eastern background, and
may single out and exclude our citizens from entry in their
respective immigration processes.
ADC strongly urges you to Vote No to H.R. 158 and stand up
against profiling. The automatic exclusion of dual citizens
of VWP countries and the designated Arab countries, and
recent visitors to Iraq and Syria is discriminatory. The
reactionary government actions following the Pearl Harbor
attack--Japanese Internment camps and 9/11--arbitrary
detention and surveillance of Arabs--are cautionary tales
that we must heed to now and remember that we cannot let fear
erode respect and protection of civil and human rights.
Respectfully Submitted,
Samer Khalaf, Esq.;
ADC National President.
____
House of Representatives,
December 4, 2015.
Re Visa Waiver Program Security Enhancement Act, S. 2337.
Dear Representative: The undersigned organizations write to
express our concern regarding the Visa Waiver Program
Security Enhancement Act, S. 2337, specifically Section 2 of
the bill which imposes a mandatory and categorical bar to the
Visa Waiver Program (VWP) on any individual who has traveled
to Syria or Iraq within the previous five years. We
understand that the House of Representatives may look to S.
2337 as it related to pushing forward on H.R. 158, the Visa
Waiver Program Improvement Act. In any discussions regarding
reforms to the VWP, including the omnibus appropriations
bill, we urge you to remove provisions that specifically
target people who visit or are from Syria or Iraq.
The bill's blanket exclusion of visitors to Iraq and Syria
would not be an effective security measure as it relies on
self-reporting accurate tracking of who visits those
countries that could be circumvented by someone intending to
do harm--the persons who are intent on engaging in tenor
activities are not getting their passports stamped, they are
sneaking into Syria and Iraq. The provision is more likely to
screen out health and aid workers, clergymen, journalists,
military personnel, translators, family visitors and others
who are helping protect Americans or have legitimate or
completely innocent reasons to visit Syria or Iraq
essentially penalizing them for their honesty.
The provision is premised on the unreliable assumption that
people from those countries are more likely to commit
terrorist acts, and
[[Page H9054]]
it makes anyone who visits those countries automatically
suspect of terrorism. While the draft legislation on its face
applies to all persons who have traveled to Syria or Iraq, in
reality the legislation will have a disparate impact on
people of Syrian and Iraqi descent. Historically programs
with sweeping powers to exclude people based on nationality,
race, ethnic origin or religion have proven to be
ineffective. In 2002, the U.S government established the
special-registration program under National Security Entry-
Exit Registration System (NSEERS) requiring heightened
registration and scrutiny of people in the U.S. who came from
mostly Arab and Muslim countries. NSEERS proved to be an
ineffective counter-terrorism tool, and has not resulted in a
single known terrorism-related conviction. Department of
Homeland Security (DHS) suspended NSEERS in 2011.
Rather than imposing an ineffective ban from VWP on people
who set foot in Syria and Iraq, Congress should consider
other security measures that would more effectively enhance
the Department of Homeland Security's ability to identify and
screen out terrorists and dangerous individuals who pose
threats to our nation.
The automatic exclusion of recent visitors to Iraq and
Syria is discriminatory and will alienate Americans of Arab,
Muslim, Middle Eastern and South Asian descent. The better
way to combat terrorism in the U.S. is to ensure strong
relations with these communities. With respect to Syrian
refugees, former Sec. of State Madeleine Albright said ``Our
enemies have a plan. They want to divide the world between
Muslims and non-Muslims, and between the defenders and
attackers of Islam. In the aftermath of recent terrorist
attacks, America must show its leadership by ensuring we
remain an open society that welcomes people of all
nationalities, faiths and backgrounds.
Respectfully Submitted,
American-Arab Anti-Discrimination Committee (ADC), American
Immigration Lawyers Association (AILA), Asian Americans
Advancing Justice (AAJC), Asian Law Caucus, Council on
American-Islamic Relations (CAIR), Human Rights Watch, Iraq
Veterans Against the War, Just Foreign Policy, League of
United Latin American Citizens (LULAC), The Leadership
Conference on Civil and Human Rights, NAACP, National
Immigration Law Center, National Network for Arab American
Communities, Student-Led Movement to End Mass Atrocities
(STAND), SustainUS.
Mr. CONYERS. Mr. Speaker, while there are many positive aspects to
the legislation, I believe, in the end, we cannot countenance anything
in our laws that judges individuals based on their nationality rather
than their character.
Mr. GOODLATTE. Mr. Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. McCaul), the chairman of the Homeland Security Committee.
Mr. McCAUL. Mr. Speaker, I want to thank Chairman Goodlatte and
Chairman Miller for their leadership.
I rise in support of this bill, the Visa Waiver Program Improvement
and Terrorist Travel Prevention Act.
Our Nation faces the highest terror threat environment since 9/11,
and we must do everything possible to shut down terrorist pathways into
this country. We are working hard to do just that with this bill. Last
month, the House voted overwhelmingly to pass bipartisan legislation I
drafted to prevent terrorists from entering the United States posing as
refugees.
They have already done this to attack Paris. And this year, the
Office of the Director of National Intelligence warned me that the
National Counterterrorism Center has identified individuals with ties
to terrorist groups in Syria attempting to gain entry to the U.S.
through the U.S. refugee program.
I am concerned that terrorists are attempting to exploit the U.S.
refugee program to enter our country and that we currently lack the
ability to confidently vet Syria refugees to weed out individuals with
potential terrorist ties. Top law enforcement and intelligence
officials have testified before my Committee that terrorist groups have
expressed a desire to infiltrate refugee programs to enter the United
States and Europe, and ISIS has said in their own words that they
intend to do so. In Paris, we saw them follow through on those pledges,
sneaking at least two operatives into Europe posing as refugees. It
also appears that individuals with extremist links have already tried
to gain entry to our country as refugees. This year the Office of the
Director of National Intelligence informed me in writing that the
National Counterterrorism Center has identified ``. . . individuals
with ties to terrorist groups in Syria attempting to gain entry to the
U.S. through the U.S. refugee program.'' This is deeply troubling. At
this time, I am concerned that serious intelligence gaps preclude us
from conducting comprehensive screening to detect all Syrian refugees
with terrorist ties, and as a result I have proposed adding additional
national security checks to the process before the United States
approves any further admissions. Naturally, the States are concerned
that the refugees being resettled in their communities may not have
been effectively screened--especially given the volume of refugees the
Administration has committed to accepting. Refugee resettlement is
within the purview of the federal government. However, the
Administration must be transparent in sharing information with the
States about the people being resettled within their borders. The
Refugee Act of 1980 requires that the federal government ``shall
consult regularly'' with state and local governments and private
nonprofit voluntary agencies concerning the intended distribution of
refugees. In Texas, it appears the federal government has not fully
held-up its end of the bargain.
But we must go further. More than 30,000 individuals from 100
countries have gone to Syria to join jihadist groups, and 5,000 of them
have Western passports. This includes several of the Paris attackers,
who could have traveled to the United States without a visa.
That is why this legislation is so important before us here today. It
will close security gaps in the Visa Waiver Program to keep terrorists
from entering our country undetected. It also includes several
recommendations from the bipartisan Task Force on Combating Terrorist
and Foreign Fighter Travel, which I created earlier this year.
This Member-led panel uncovered gaping security weaknesses overseas,
including the fact that some countries are not sharing intelligence on
terrorists, many are not screening travelers against critical
counterterrorism databases, and too few of them are cracking down on
passport fraud.
This bill would help close those security gaps to keep terrorists
from crossing borders. And it would implement several of the task
force's top recommendations to ensure Visa Waiver Program countries are
living up to their obligations and ramping up security.
With that, Mr. Speaker, I want to thank the chairman of the Judiciary
Committee. I also want to thank those on the other side of the aisle
for working in a bipartisan spirit, in a cooperative nature on what I
consider to be one of the biggest security gaps we have facing this
country after the Paris attacks and after San Bernardino. And I want to
thank our colleagues on the other side of the aisle.
{time} 1600
Ms. LOFGREN. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Texas (Ms. Jackson Lee), a member of the Judiciary Committee as well as
of the Homeland Security Committee.
Ms. JACKSON LEE. Let me thank the gentlewoman for her leadership. As
well, I thank the gentleman from Mississippi (Mr. Thompson), the
chairman of the Border and Maritime Security Subcommittee, of which I
am a member--Chairman Miller--and Messrs. McCaul and Goodlatte.
Mr. Speaker, as I have indicated, in my having been on the floor
today, America is looking for the homeland to be secure, and they are
looking for it to be done in a thoughtful manner.
Just a week ago, I did not vote for a bill that would have stopped
innocent refugees who had been in camps for 2 years or more--mothers
and fathers and seniors and children--because I knew there was a 21-
list vetting system that would ensure that those refugees who had
languished in refugee camps and who had been suffering would be a small
number--an infinitesimal number--coming into the United States.
We heard debate earlier today about another loophole that could be
ended, and that is to stop terrorists from getting guns--a thoughtful
proposal. Most Americans didn't realize the loophole existed.
Now we come to a program that is, likewise, a thoughtful program. It
has nothing to do with refugees. It has nothing to do with ending the
Visa Waiver Program of 38 nations. What it has to do with is, if you
have been in the areas where the caliphate is, where the fight has been
taken to, Syria and Iraq, we just ask for an added interview. I might
imagine that, in the course of that, there will be human rights
activists and journalists. I would imagine, as well, that our officials
who will be doing the interviews will be sensitive to the fact of
legitimate journalists who have gone to do their reporting.
[[Page H9055]]
I think it is very important that the American people know that we
are working to craft a thoughtful approach. This is a thoughtful
approach. It simply asks for individuals to go for an interview who are
part of the Visa Waiver Program in the countries that they have them or
who are dual nationals.
Likewise, I have introduced legislation, H.R. 48, No Fly for Foreign
Fighters, that asks for an added vetting for the terrorist watch list
to make sure that no one on that list who is coming from overseas gets
on an airplane. This will protect the American people.
In the course of trying to be constructive, I think the hearings that
we had in Homeland Security indicated another layer, another level, of
just making sure that those who are trying to use the Visa Waiver
Program are not abusing the Visa Waiver Program. That is our effort
here today, that they not abuse it and, by some ill fate, allow someone
who comes to this Nation to do us harm. Homeland security, protecting
the national security, is a layer that is constructive and
constitutional. This is constructive, and it is constitutional.
I ask my colleagues to support the underlying legislation.
Mr. Speaker, this has been a stressful year in our country and our
world with past senseless gun violence and terroristic acts against
Americans and citizens the world over.
I rise in support of H.R. 158--the Visa Waiver Program Improvement
and Terrorist Travel Prevention Act'' because it facilitates a rigorous
vetting of tourists seeking to enter into our country.
In addition to the steps laid out by the President, I also believe
there are additional steps the Congress should take, including bringing
to the floor for debate and vote H.R. 48, the ``No Fly for Foreign
Fighters Act,'' that I introduced earlier this year.
My legislation would require the TSA to check the Terrorist Screening
Database and the terrorist watch list used in determining whether to
permit a passenger to board a U.S.-bound or domestic flight and to take
appropriate steps to ensure that those who pose a threat to aviation
safety or national security are included in the Terrorism Database.
From San Bernardino to Paris, to Nigeria, to Mali, to Beirut, the
carnage of violence has been perpetrated on the human family by those
who should never be in possession of violent weapons or power.
But we cannot allow these atrocities to dissuade us from interacting
with and welcoming those interested in traveling to and learning more
about our country.
Mr. Speaker, as a Member of Congress and senior member on the
homeland security and ranking member on the Judiciary subcommittee on
Crime, Terrorism and Homeland, my top priority is the safety of the
American people.
In times of conflict and stress and trauma, our natural inclination
is to point fingers and seek to cast blame as we have seen Mr. Donald
Trump do.
But we all know that deep down, this does us no good and that it runs
afoul of our American ideals.
What we must do is focus our efforts on the most likely security
threats to our homeland and not scapegoat the thoroughly screened
individuals who seek to come to the U.S. through the Waiver Program.
We cannot throw a net of suspicion over an entire nation, even as the
United States accepts more refugees--including Syrians.
Our system facilitates the most rigorous screening and security
vetting of ANY category of traveler or immigrant to the United States
before the refugee sets foot on U.S. soil.
Indeed, the Republican bill, H.R. 4038, that passed the House in
November would immediately shut down refugee resettlement from the
Syria and Iraq region and severely handicap refugee resettlement in the
future.
To date, there is no reliable evidence that the individuals who
committed the heinous attacks in Paris on November 13th were refugees.
Currently, the Visa Waiver Program allows citizens from 38 countries
from around the world, including the United Kingdom, France, Belgium
and Japan, to enter the United States without a visa.
One of the main intents of the Visa Waiver Program is to stimulate
the U.S.' economy by encouraging tourism, cultural exchange, business,
and job growth between the United States and our international
partners.
The travel industry estimates that the VWP contributed $190 billion
to our economy in 2014.
It should be noted that Visa waiver travelers cannot simply grab
their passports and hop on the next flight to the United States.
Rather, under current law, citizens from participating Visa Waiver
Program countries are required to complete a U.S government online
security screening form prior to their admission to the United States.
These participants also undergo an additional level of screening at
the port of entry by a Customs and Border Patrol official.
This bipartisan bill provides for specific, concrete changes that
will ensure better information-sharing among intelligence and law
enforcement agencies.
The Program requires screening of all travelers against INTERPOL
databases to identify high-risk travelers.
The Program makes it challenging for extremists to falsify their
identities by requiring fraud-resistant e-passports that contain
biometric information.
The Program compels U.S. security agencies to conduct more frequent
threat assessments of VWP countries.
The bill also requires nationals of Iraq, Syria, and other designated
countries, or those who have visited such countries, to have an in-
person interview with a U.S. Department of State Consular official and
undergo more lengthy screenings prior to travel to the United States.
This bill employs intelligent measures to enhance the security of the
American people by improving information sharing between VWP country
partners and the United States, including a requirement that WP
countries report theft/loss of their citizens' passports to the United
States within 24 hrs.
This bill is a more appropriate response than the Republican drafted
the ``American SAFE Act of 2015.''
It deserves a vote in the House.
Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentleman from
Louisiana (Mr. Scalise), the majority whip.
Mr. SCALISE. I thank my colleague from Virginia for yielding.
Mr. Speaker, I rise in strong support of this important legislation
by the gentlewoman from Michigan (Mrs. Miller).
To defeat ISIS, it is going to take strong leadership, and it is
going to take a strong strategy. I think it is clear that the
President's approach isn't working. In fact, our intelligence officials
tell us that ISIS is not only not being contained, but now we are
seeing that they are coming to America, that they are attacking
America, and that has been their stated goal. It is incumbent upon us
to do everything we can. Frankly, the American people deserve to know
that their government is doing everything in its power to protect them
from the threat of terrorists. These are very real threats.
In the House, we have been taking decisive action. We have already
passed a bill to address the problems of the lack of vetting in the
refugee program, a program that ISIS, itself, has said it plans to
exploit in order to bring terrorists into America. The FBI Director has
even confirmed those concerns that we have expressed, and we have
passed legislation to address that.
Today, Mr. Speaker, we are bringing forth strong, bipartisan
legislation to reform the troubled Visa Waiver Program. We have seen
that thousands of people with Western passports, including from the
Visa Waiver Program nations, have been going to some of the troubled
regions, like Syria, like Iraq, like other countries. There ought to be
a higher level of scrutiny. This bill requires the Department of
Homeland Security to work with those nations in order to have a higher
level of scrutiny so as to ultimately lead to a more secure United
States of America.
I encourage all of my colleagues to pass this legislation. Let's
continue to do what we need to do in the House of Representatives to
protect the American people from the real threat that ISIS poses.
Ms. LOFGREN. Mr. Speaker, I yield 3 minutes to the gentleman from
Mississippi (Mr. Thompson), the ranking member of the Homeland Security
Committee.
Mr. THOMPSON of Mississippi. I thank the gentlewoman from California
for yielding the time.
Mr. Speaker, I rise today in support of H.R. 158, the Visa Waiver
Program Improvement and Terrorist Travel Prevention Act of 2015.
This bipartisan legislation will help better secure the Visa Waiver
Program, which facilitates travel to the U.S. for 20 million visitors
from 38 participating countries for both business and pleasure.
While the program provides important security benefits through
information-sharing agreements between participating countries and
significant
[[Page H9056]]
economic benefits from tourism, the potential security vulnerabilities
of this program have been a concern.
I was a primary author of provisions in the Implementing
Recommendations of the 9/11 Commission Act of 2007, which bolstered the
security of the Visa Waiver Program by requiring an Electronic System
for Travel Authorization, called ESTA. Through the ESTA program, Visa
Waiver travelers are vetted prior to their departure to the U.S.
I applaud the Department of Homeland Security for its recent efforts
to make further enhancements to the ESTA program. These improvements
will better secure the Visa Waiver Program, but Congress needs to do
its part. That is why I am pleased to support H.R. 158. The bill was
reported unanimously by voice vote from the Committee on Homeland
Security earlier this year, and additional security-related provisions
were added on a bipartisan basis in recent days.
H.R. 158 would strengthen passport requirements for Visa Waiver
travelers and require Visa Waiver participants to report lost or stolen
passports within 24 hours. Enhanced information-sharing requirements
would also be in place for Visa Waiver countries. In addition to that,
it would mandate that Visa Waiver countries screen arriving and
departing noncitizens against INTERPOL databases. Mr. Speaker, this is
a good bill. Its time has come.
I thank Mrs. Miller of Michigan for her diligence in bringing it
before our committee, and I thank Ms. Lofgren for her work in this
effort. I look forward to the passage of this bill.
Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Poe), a member of the Judiciary Committee.
Mr. POE of Texas. Mr. Speaker, we all know that ISIS is not
contained. ISIS, in fact, is expanding its reign of terror. Its
fighters hold passports from different countries around the world. We
know they are embedded in Western countries, are able to travel freely,
and are hard to track down--and they want to do us harm.
Under the current Visa Waiver Program, individuals from 38 countries
are exempt from the standard vetting process to get a visa and come to
America. Hold a passport from one of these 38 countries, and you can
just jump on a plane and come here. Those 38 countries are supposed to
share their watch lists with us, but some of them don't. That makes it
easier for the bad guys to fly to America.
So this bill fixes that real loophole in the current system. Those 38
countries will now be required to share their watch lists with us. If
they don't, they are prohibited from being in the Visa Waiver Program.
Foreign citizens who have recently traveled to Iraq and Syria will also
be required to go through additional screening.
Mr. Speaker, terrorist fighters have America in their hateful, evil
sights. We must do all we can to stop them from coming here, and the
status quo just won't keep us safe. As chairman of the Terrorism,
Nonproliferation, and Trade Subcommittee of the House Foreign Affairs
Committee, I totally support this commonsense legislation.
And that is just the way it is.
Ms. LOFGREN. Mr. Speaker, I yield 3 minutes to the gentleman from
Maryland (Mr. Hoyer), our whip.
Mr. HOYER. I thank the gentlewoman for yielding.
Mr. Speaker, I rise in support of this legislation.
I want to thank Ranking Member Bennie Thompson, Ms. Lofgren, who
worked very hard on this, and Democrats on the Homeland Security
Committee and on the immigration policy and enforcement Judiciary
subcommittee for their hard work to ensure that this bill will protect
Americans from the threat of terror while we remain true to our highest
principles and ideals.
House Democrats and House Republicans have no greater priority than
keeping Americans safe. That is neither a partisan issue nor is it a
partisan difference.
Many Americans are frustrated with the pace of progress against ISIS
in Iraq and Syria. I want to see the administration and Congress
working together to protect our Nation. The reforms in this bill are an
excellent start. What we have before us today, Mr. Speaker, is an
example of what we can achieve when both sides work together to craft
responsible reforms in a spirit of unity and common purpose, which is:
in the face of the threats we challenge, we ought to summons.
I want to thank the majority leader, Mr. McCarthy, for working with
me and our side of the aisle, and I want to thank those on the
Republican side of the aisle for working together to get this bill
done.
The Visa Waiver Program has long been a tool to promote business ties
and tourism, both of which are vital to our economy. We cannot--nor
should we--simply shut our doors to the world if we want to continue to
lead the world. This legislation will make it easier for law
enforcement to vet those visitors who are coming from Visa Waiver
countries, such as in Europe, to ensure that we are not admitting those
who have traveled to places like Iraq and Syria and link up with ISIS.
This is now the third major bipartisan piece of legislation to come
to the floor in the past 2 weeks after the highway bill, which included
a provision to reopen the Export-Import Bank, and the Elementary and
Secondary Education Reauthorization Act. I hope--and I think the
American people would expect--again, in light of the challenges that
confront us, that we can build on this progress and complete a
bipartisan agreement to keep government open before the week is done.
I want to thank, once more, Ranking Member Zoe Lofgren, who knows so
much about this issue and who has been so faithful in her attention to
both our values and the protection of the American people. I thank
Bennie Thompson as well, the ranking member of the Homeland Security
Committee, on our side of the aisle. I also want to thank the chairman
of the Judiciary Committee for his leadership on this issue as well as
all of those who have worked on a number of issues.
This will not be the last word, but it is a good word, and I urge my
colleagues to support it.
Mr. GOODLATTE. Mr. Speaker, I yield 1 minute to the gentleman from
New Jersey (Mr. Lance).
Mr. LANCE. Mr. Speaker, I rise today in strong support of the Visa
Waiver Program Improvement and Terrorist Travel Prevention Act, which
will strengthen the Visa Waiver Program in order to help prevent
foreign terrorists from entering the United States.
This legislation comes at a critical time. The heinous acts of terror
and mass murder perpetrated in Paris and San Bernardino demonstrate the
alarming strength and reach of ISIS and its allies.
{time} 1615
This threat is certainly not contained, and our fight against radical
jihadists at home and abroad must be the Nation's most pressing issue.
Passing H.R. 158 will close a dangerous loophole that we know
terrorists will exploit to carry out acts of terror here in the United
States. Terrorists such as the September the 11th so-called 20th
hijacker, Zacarias Moussaoui, and the shoe bomber, Richard Reid, both
used a Visa Waiver Program to enter the United States.
We must be ever vigilant in the face of these great threats. I urge a
``yes'' vote on H.R. 158.
Ms. LOFGREN. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Schiff), the ranking member of the Intelligence
Committee.
Mr. SCHIFF. Mr. Speaker, I rise in support of H.R. 158, the Visa
Waiver Program Improvement and Terrorist Travel Prevention Act.
The Visa Waiver Program is overall an excellent program that
facilitates the travel of more than 20 million people to the United
States each year, travelers who encourage cultural exchange and
contribute significantly to our economy through tourism and job growth.
The overwhelming majority of travelers who utilize the program are
not a threat in any way. However, even a small number of individuals
can do us grave harm. Among those of greatest concern are European
citizens who return to countries like France and Belgium after
traveling to Iraq and Syria to train with terror forces.
It is incumbent upon us to take every precaution to ensure these
individuals cannot exploit the Visa Waiver Program to enter the United
States.
[[Page H9057]]
The reforms we are voting on today are reasonable, and they are
appropriately targeted improvements to this important program.
Specifically, they will require that nationals of Iraq and Syria as
well as other designated countries and those who have traveled to these
countries since 2011 undergo an in-person interview with a U.S.
official and more rigorous security screening processes prior to
traveling to the United States. It will also require DHS to strengthen
its background check procedures and ensure improved information sharing
among intelligence and law enforcement agencies.
In the wake of the recent terror attacks, we must continue to review
our existing security efforts to ensure we are doing all we can to
protect the country. Rather than focus on the refugee resettlement
program, which is the most heavily screened and lengthy process to
enter the United States, Congress should focus our energy on closing
known vulnerabilities that could allow those who mean us harm to enter
the United States quickly and with little scrutiny. This bill does just
that.
I urge my colleagues to vote in favor of this legislation.
Mr. GOODLATTE. Mr. Speaker, I yield 3 minutes to the gentleman from
Iowa (Mr. King), a member of the Judiciary Committee.
Mr. KING of Iowa. Mr. Speaker, I thank the chairman for working
together with others to bring this bill forward.
I rise in full support of H.R. 158, which is the Visa Waiver Program
Improvement and Terrorist Travel Prevention Act of 2015.
We all know that it takes a lot of pieces of legislation to fill some
of the holes that exist, but I am pleased that this bipartisan effort
has come to the floor of the House of Representatives, Mr. Speaker.
I will say that, as I look at the language that is in here and the
pieces of it, to recognize that as the tighter scrutiny to the Visa
Waiver Program, which I have had some concern about over the years, 38
countries enjoy the relationship with the United States of a Visa
Waiver Program.
The way it functions is, if an individual of one of the participating
countries has a valid passport from their own country and they sit down
in front of the Internet, they can input that information and
essentially clear themselves to be able to travel to the United States
without further bureaucracy.
That is a good thing on balance, but a bad thing when we have people
that have dual nationalities or people who give indicators, such as
having traveled back and forth to some of the countries that we have
concerns about as being those countries where terrorists are, let's
say, radicalized or sponsored.
I am a little concerned that our list isn't a little longer than
this. The countries that are covered with this bill are Iraq, Syria,
and, by definition, Sudan and Iran. I am hopeful that the Secretary of
Homeland Security will take a look at some other countries to tighten
this up a little bit more.
I just returned from that part of the world, Mr. Speaker, probably
about a month ago, perhaps a little less. I traveled into Turkey, into
Iraq, into the Kurdish region, Erbil, and then west as far as I could
go up towards the ISIS lines.
I visited a refugee camp there and then back into Turkey, up to
Hungary, down to Serbia, into Croatia, back out of there again, and
then determined to skip Germany and Austria this time, but traveled up
to Sweden to look at the other end of this.
There I sat with a briefing of our State Department. Some of that in
that room is confidential, but we are working with these countries to
tighten up our security. We are offering the expertise that we have
developed here because we deal with a lot more people and a lot more
travel than they do. I am hopeful that we will be able to share more of
our intelligence also with the countries that are participating in a
Visa Waiver Program.
This will help tighten it up. Mr. Speaker, it will identify those who
have traveled to some of these terrorist-sponsoring countries, and it
will also require that they exchange information with us so that we can
monitor them more closely.
If someone travels and essentially lies about their travel--if they
have, say, traveled to Iran, traveled to Iraq, maybe Sudan or Syria,
and they apply for a visa waiver--we will either have a software
program that will kick that out because it shows up on their passport
or we will catch up with that and cancel their visa waiver. In any
case, it is heightened scrutiny and heightened security for us. We need
to do a lot of things to tighten this up, and this is one.
It is one also that respects our relationship with the visa waiver
countries, those 38. It is prudent. It is careful. It puts authority
into the hands of the Secretary of Homeland Security. It is the right
bill. It is bipartisan. I urge its adoption.
Ms. LOFGREN. Mr. Speaker, I yield 2 minutes to my good friend from
Minnesota (Mr. Ellison).
Mr. ELLISON. Mr. Speaker, I do support the fact that we are looking
at the Visa Waiver Program. However, after scrutinizing this bill, I
think that it is not the right bill and I don't plan on supporting it.
It is not that I can't support any part of it. There are key things
that I cannot abide, but I urge the parties to keep on working on it
because I think the effort is proper.
Here is what I think is specifically wrong with this. If it were to
change, I might reconsider my position. The categorical stripping of
the Visa Waiver Program privileges from all Iraqi and Syrian nationals
I think is problematic. I think it is overbroad. I don't think it is
necessary.
Number two, I think there should be exemptions for people who do
clearly recognized legitimate work, such as journalists, researchers,
human rights investigators, and other such professionals.
Number three, I think the 5-year sunset is too long. I think it
should be shorter. I do think 3 years would work just fine.
I just want to say that the Visa Waiver Program Improvement and
Terrorist Travel Prevention Act of 2015 does contain, as we stand here,
discriminatory elements, which I don't believe will effectively stop
terrorism. In fact, I think it sends a wrong message to dual nationals
and Iraqi and Syrian tourists.
This bill bars people who are dual nationals from Syria, Iraq, Iran,
and Sudan from participating in the Visa Waiver Program even if there
is no evidence that they are a security risk. I think our focus should
be on behavior, not just country of origin.
This bill would also end visa waiver eligibility for people who
traveled to Iraq or Syria in the last 5 years. For example, this bill
would make an elderly French citizen who is a dual national of Syria go
through an often lengthy visa approval process simply because she
wanted to travel to the U.S. to attend a wedding or a birthday or
something. What does this provision mean for a Swiss doctor who
traveled to Iraq to work in a refugee camp providing medical care, but
wants to come to the U.S. for a conference or something like that?
While this bill does not restrict entry to the U.S., it creates
additional barriers. It should be worked on a little more to fix these
problems. I do thank the parties for working in a bipartisan way to
bring greater safety to our country.
Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Arizona (Ms. McSally), the chairman of the Subcommittee on Emergency
Preparedness, Response, and Communications of the Homeland Security
Committee.
Ms. McSALLY. Mr. Speaker, I want to thank Chairwoman Miller for this
thoughtful legislation. I rise today in support of H.R. 159.
I was a proud member of the Committee on Homeland Security's task
force on combatting terrorists and foreign fighter travel. The task
force bipartisan report, which was a culmination of 6 months of
investigative activities, contained many troubling findings related to
the ease with which foreign fighters from Visa Waiver Program-
participating countries could seek entry into the United States.
Of the estimated 30,000 foreign fighters that we are aware of, at
least 4,500 hold western passports. This is made even more alarming by
the fact that 30 of the 38 Visa Waiver Programs are in Europe.
I am pleased that this legislation that we are considering today
takes
[[Page H9058]]
steps to address many of the task force's findings related to this
program. The bill prohibits individuals that travel to Iraq and Syria
from using the program. It requires termination of a participating
country for failing to screen against INTERPOL's criminal and terrorism
databases. It authorizes the Secretary of Homeland Security to suspend
participating countries when it is determined that they pose a high
risk to the national security of the United States.
ISIS has better resources and is more brutal and more organized than
any terrorist organization to date. We must use all the tools at our
disposal to defeat them. I am particularly pleased that this bill
recognizes the need to continually update and secure the Electronic
System for Travel Authorization, or ESTA, a key task force
recommendation.
As part of this effort, we must leverage new and innovative
technologies. The bill requires the Secretary of Homeland Security to
explore opportunities to incorporate technology into ESTA that will
detect deception and fraud.
A number of promising deception detection technologies have been
developed, including one developed at the University of Arizona in my
district. Deception can be difficult to detect when you are
interviewing an individual face to face. It is even more difficult to
detect the deception in online forums like ESTA uses.
The technology developed at the University of Arizona called Neuro-
Screen identifies typing, scrawling, and other computer-use patterns to
capture motor nervous system signals associated with deceptive and
suspicious behavior. We must leverage technology, such as Neuro-Screen,
to enhance screening programs like ESTA.
Mr. Speaker, we all want to ensure that people from around the world
can travel here to experience all the wonders and the freedoms of the
United States. As we welcome travelers here, we must do so in a way
that keeps us safe.
That is why I support H.R. 1158. I urge all our Members to support
this thoughtful bipartisan legislation.
Ms. LOFGREN. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman
from Nevada (Ms. Titus).
Ms. TITUS. Mr. Speaker, as the Representative from Las Vegas, one of
the world's greatest tourist and business travel destinations, I, too,
rise in favor of H.R. 158.
This bill strengthens the Visa Waiver Program to help ensure that
potential terrorists are not able to abuse it to bypass security checks
and come to the U.S. to do us harm.
We must remain cognizant, however, of the fact that the VWP program
is not only a significant aspect of our Homeland Security, but it is
also critical to expediting and welcoming tourists and business
travelers to the United States.
In 2014, more than 20.4 million visitors arrived in the U.S. through
the VWP, representing almost 60 percent of all overseas visitors. These
travelers stayed an average of 18 nights and spent $4,400 per visit,
generating $190 billion, which supported nearly 1 million jobs. In Las
Vegas, 20 percent of our visitors come from foreign countries, many of
whom use this program.
So, in short, yes, we must be cautious. We cannot afford to
unnecessarily crush the growing tourism industry or risk retaliatory
measures by other countries, which would make it difficult for
Americans to travel abroad for business or a holiday.
I believe H.R. 158 strikes the right balance between security and
accommodation. I urge my colleagues to support it. I also caution
against carrying xenophobia too far.
Mr. GOODLATTE: Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Royce), the chairman of the Foreign Relations
Committee.
{time} 1630
Mr. ROYCE. Mr. Speaker, I am recently back from London, where I had
an opportunity to speak to British authorities about the challenge that
Europeans find themselves in at this point in time. There are literally
5,000 Europeans who have gone to fight in Syria and in Iraq and have
come back. Part of the problem here is a manpower problem of managing
to be able to have a handle on that.
Now, we cannot have people automatically coming to the United States
without being vetted. They should not be allowed to just get on a plane
and fly here. This bill is going to bolster our defenses because what
it is going to do is to ensure that those who have traveled to a terror
hotspot, like Syria, and then come back into Europe or another Visa
Waiver country will get that thorough investigation before they are
being cleared to travel. That will allow our authorities to prevent
that travel.
It is going to give our law enforcement a new tool as well in terms
of detecting fraud and stolen passports. You also saw the story in
Honduras of five Syrians with stolen passports trying to get into the
United States.
So the Visa Waiver Program is good for America's economy and good for
our leadership overseas. We can strengthen it. Let's urge our
colleagues in the Senate to get this soon to the President's desk.
Ms. LOFGREN. Mr. Speaker, may I inquire how much time remains.
The SPEAKER pro tempore. The gentlewoman from California has 6\1/2\
minutes remaining.
Ms. LOFGREN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman
from Illinois (Mr. Quigley), a former member of the Committee on the
Judiciary.
Mr. QUIGLEY. Mr. Speaker, the Visa Waiver Program plays an absolutely
essential role in growing the American economy. If we don't have
foreign travel, it is just going to be Michigan competing against
Wisconsin, Las Vegas competing against Orlando; and while Chicago has
no peer, we are really not being productive. Also, over the last
decade, we have successfully used the incentives of this program to
require participating countries to implement the strictest security
standards and increase vital intelligence sharing with U.S. law
enforcement.
As a member of the House Permanent Select Committee on Intelligence,
I can't stress enough the value of intelligence we gather from the 38
Visa Waiver countries in thwarting terror plots and preventing attacks
on our homeland. That is why I have been a longtime supporter of the
Visa Waiver Program and for including important allies like Poland. But
I have also led the effort to strengthen the security requirements of
the program to respond to the evolving threats we face.
The bipartisan JOLT Act, sponsored by myself and Mr. Heck, includes
many of the security programs and reforms included in this bill we are
debating today. It will also strengthen the security of the program and
reduce fraud and also provide the U.S. with greater intelligence
capacity.
As policymakers, we must continuously reevaluate the reforms that are
necessary to respond to keep America safe. The bill before us provides
that proper balance by making the Visa Waiver Program even more secure
and reaffirming our commitment to the program for the future.
Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentleman from
New York (Mr. Katko), the chairman of our Foreign Fighter Task Force.
Mr. KATKO. Mr. Speaker, I rise today in support of H.R. 158, the Visa
Waiver Program Improvement and Terrorist Travel Prevention Act of 2015.
This bill, which I cosponsored, will close a critical gap in our
Nation's security that is vulnerable to exploitation by terrorists and
other nefarious actors seeking to do us harm. This bill strengthens the
security of the Visa Waiver Program by requiring participating nations
to increase counterterrorism information sharing, screen travelers
against INTERPOL's databases, and enhance passport security features.
As chair of the Committee on Homeland Security's Foreign Fighter Task
Force, I spent countless hours with my colleagues examining weaknesses
in our Nation's defenses against the threat posed by foreign fighters.
The provisions in this bill address several of the key findings in that
report. I thank Mrs. Miller for her leadership on this important issue.
I also want to thank and note the continuing bipartisan cooperation
that is part of the Committee on Homeland Security. I commend my
colleagues on the other side of the aisle for their continuing good
work on that committee.
In closing, I would like to urge my colleagues to support this
important legislation.
[[Page H9059]]
Ms. LOFGREN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman
from California (Mr. Sherman).
Mr. SHERMAN. Mr. Speaker, there are some 6 billion people in the
world who aren't from one of the 38 favored countries and have to go
through an in-person interview to visit the United States. It is not
unfair for us to impose the same requirement on those Europeans who
have visited ISIS-infested areas.
This bill will do some good, but it is mostly evadable. Most ISIS
foreign fighters go to Turkey. Their passport is stamped in Turkey, and
then they walk into Syria. ISIS does not stamp their passport, and so
they are free to say that they never went to Iraq or Syria. This bill
will make sense only if it applies to those who visited Turkey.
Even if they did get their passport stamped, say they flew to
Baghdad, got it stamped by the Iraqi Government, all they have to do is
go back to Europe and say, ``I want a new passport. My hair style has
changed, I want a different picture.'' They get a new passport. Their
old passport, holes are punched in it. It is returned to them, and so
there is no record that they ever visited Iraq.
Most of our European friends don't have a list of which of their
citizens have visited Syria, Iraq, or Iran. If they did have such a
list, they wouldn't share it with us because they have privacy laws.
Now, they will cooperate with us on individual suspects, but not a list
of tens of thousands of people who have visited Iraq, Syria, or Iran,
and certainly not the millions who have visited Turkey. So they don't
have a list. They won't share a list.
Looking at a passport only tells you that somebody got a new
passport. Seeing that it was stamped only in Turkey but not stamped in
Syria just shows you that they walked into Syria and ISIS didn't stamp
their passport.
I look forward to passing this bill, and then getting serious on a
bill that will accomplish its purposes.
Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Indiana (Mrs. Walorski).
Mrs. WALORSKI. Mr. Speaker, I rise in support of H.R. 158. In order
to protect our national security and the safety of Americans, we must
also adapt our policies to prevent terrorists from entering U.S. soil.
As we have heard earlier, approximately 5,000 Europeans have traveled
to Syria and Iraq to join ISIS, many of whom are from countries that
participate in the Visa Waiver Program. Many of these countries fail to
provide the U.S. intelligence community with critical information
needed to ensure those traveling under the program are not a threat to
the U.S. Today's legislation addresses and helps fix the
vulnerabilities of this program.
Before an individual is permitted to enter the United States,
additional vetting is required. This includes enhanced screening of
individuals who have visited or are citizens of Iraq, Syria, and
terrorist hotspots like Iran and Sudan, or other nations that have seen
a rise in significant terrorist activities.
It strengthens intelligence and information sharing with our allies.
It cracks down on passport fraud by requiring Visa Waiver countries to
upgrade to biometrics and electronic passports and forces Visa Waiver
countries to ramp up counterterrorism screenings of travelers.
As our enemies continue to evolve, we must do the same to protect the
American people from the risks posed by this threat. I thank
Congresswoman Miller for her hard work on this important piece of
legislation.
Ms. LOFGREN. Mr. Speaker, I yield 1 minute to the gentlewoman from
Arizona (Ms. Sinema).
Ms. SINEMA. Mr. Speaker, I thank Chairwoman Miller for introducing
this legislation to address the serious security gaps in the Visa
Waiver Program, and I thank Congresswoman Lofgren for putting our
country's security over partisanship to advance this commonsense
measure.
I am a cosponsor of this legislation because it makes sensible,
bipartisan changes to address the security gaps in the Visa Waiver
Program and prevent Islamic State and other terrorist networks from
using the program to gain access to the United States.
The Islamic State is one of the world's most violent and dangerous
terrorist groups. To keep our country safe, we must be one step ahead
of them, preventing them from entering the United States and stopping
their efforts.
The Visa Waiver Program allows travelers from approved countries to
visit the United States for up to 90 days without a visa. This program
is an important tool that grows our economy and supports ease of travel
for American citizens.
The reasonable changes included in this bill strengthen the Visa
Waiver Program. This bill requires partner nations to issue electronic
passports, strengthening the screening process of program participants.
It also addresses the concerns raised by my bill, H.R. 4122,
introduced with Congressman Matt Salmon, to suspend the Visa Waiver
Program for individuals who have traveled in the last 5 years to Syria
and Iraq, to countries that are state sponsors of terrorism, or to
countries with active terrorist networks. I thank Chairman Miller for
including this important provision. I thank Congresswomen Miller and
Lofgren for advancing this important legislation.
Mr. GOODLATTE. Mr. Speaker, may I inquire how much time is remaining
on each side.
The SPEAKER pro tempore. The gentleman from Virginia has 5\1/2\
minutes remaining. The gentlewoman from California has 2\1/2\ minutes
remaining.
Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentleman from
South Carolina (Mr. Duncan).
Mr. DUNCAN of South Carolina. Mr. Speaker, this legislation is a step
in the right direction. The changes that I like particularly to the
Visa Waiver Program are a requirement to share counterterrorism
information with the United States and that all visa waiver countries
must submit lost and stolen passport information to INTERPOL's database
within 24 hours.
In May of 2014, a foreign fighter, radicalized on the battlefield in
Syria after 1 year, traveled back to Europe. He traveled through Turkey
and through Germany. It is believed that Germany had information on
this individual, but it failed to share that information with its
neighbors France and Belgium. He arrived in Brussels. In a 90-second
attack with an automatic weapon on a Jewish museum, he killed 4 people
before fleeing to France, making it all the way to the south of France,
to the city of Marseille, where he hoped to cross the Mediterranean and
disappear into the African continent.
Why do I tell you this story? It is because of the freedom of travel
in the Schengen region, or the open borders region in Europe, the
radicalization of foreign fighters joining ISIS on the battlefield and
having the ability to travel back to Europe and possibly, being
undetected, travel to the United States under the Visa Waiver Program
if the countries don't share the information.
In addition, in the last 30 days, we have seen numerous instances
where stolen or fraudulent passports have been used by migrants and
terrorists to travel throughout Europe as well as across Latin America.
Just recently, five Syrians traveled through the tri-border region,
which is Argentina, Brazil, and Paraguay. It is a region in the
northern area of Argentina. They traveled there from Syria on stolen
Israeli passports, and then they purchased, in the tri-border region,
Greek passports and were able to transit Latin America into Honduras,
where they were stopped with those false passports.
These are real examples of real issues, and it is why I support what
we are trying to do today.
Ms. LOFGREN. Mr. Speaker, may I inquire if the gentleman has
additional speakers.
Mr. GOODLATTE. I am the only remaining speaker.
Ms. LOFGREN. Then I will close on our side.
Mr. Speaker, I yield myself such time as I may consume.
A lot of things have been said today that will be very helpful, but I
think clarifying some of these issues might be useful for Members.
It has been said that there is discrimination in this bill. It is
important to note that the Visa Waiver Program discriminates on the
basis of nationality. That is why there is only one country, Chile, in
Latin America that is in the Visa Waiver Program. Everybody else has to
go in for a visa interview.
[[Page H9060]]
There are no countries in Africa that are eligible for the Visa
Waiver Program. Everybody in Africa has to go in for an interview to
get a visitor's visa.
There are only four sites--Singapore, Taiwan, Japan, and South
Korea--in Asia that are eligible. Everybody else has to go in for a
visa interview.
So a visa interview is not a terrible thing. It helps us understand
what people are about.
I include for the Record a letter from the U.S. Travel Association in
favor of this bill. It is signed by a large number of groups, including
the Asian American Hotel Owners Association and The Travel Technology
Association.
U.S. Travel Association,
Washington, DC, December 8, 2015.
Dear Members of the House of Representatives: On behalf of
the 14.6 million American workers whose livelihood depends on
safe international travel to the United States, we are
writing in support of H.R. 158, legislation to strengthen
homeland security in the wake of the recent terrorist
attacks.
The horrific attacks in Paris underscore the need for every
possible measure to protect public safety. And no one
advocates for security precautions more vigorously than
travel professionals. Without public confidence in air
security, worldwide commerce will be crippled. The Visa
Waiver Program (VWP), originally created to facilitate
travel, today is one of our most effective tools against
global terror. Because of VWP, governments around the world
now are working cooperatively at the highest levels of law
enforcement to identify risky travelers--both before boarding
flights and upon arrival in the United States.
For the 38 countries that are currently VWP members, the
U.S. has unparalleled authority to inspect their counter-
terrorism, border control, aviation and travel document
security methods and facilities. VWP protocols require
participating nations to issue machine-readable passports
that are difficult to forge; promptly enter data on all lost
and stolen passports into a central INTERPOL database; and
collaborate with the United States law enforcement under
essential information-sharing agreements. Since this system
was established in 2008, we have denied entry to over 4,300
would-be travelers known or suspected of posing a threat. For
the many nations that hope to someday become a VWP member,
just that aspiration offers a strong incentive to raise
security standards unilaterally, even in advance of their
admission. The VWP is a rare, exemplary government program
that delivers both security and economic benefits.
Even successful programs such as VWP can be improved. In
our view, the battery of reforms proposed in H.R. 158 will
help make us all safer. We support its provisions to add
additional layers of protection, including by increasing
preclearance and immigration advisory programs, working with
other governments to strengthen their watch lists and vetting
systems; and expanding Global Entry to enroll more rigorously
screened, trusted travelers. These are thoughtful, effective
reforms--and we especially commend bipartisan House leaders
for working together toward enacting H.R. 158. As this bill
makes its way through the legislative process, we will
continue to work constructively with its sponsors.
This is a moment when the United States and our allies can
send a global message about the seriousness of our air
security protocols and our capacity for bipartisan consensus
on matters of national security. Thank you in advance and
please call on us if we can serve as a resource for your
deliberations.
Sincerely,
U.S. Travel Association,
Airlines for America,
American Gaming Association,
American Hotel & Lodging Association,
American Resort Development Association,
American Society of Travel Agents,
Asian American Hotel Owners Association,
Atlanta Convention & Visitors Bureau,
Dallas Convention & Visitors Bureau,
Destination DC,
Destination Marketing Association International,
Expedia, Inc.,
Hilton Worldwide,
International Association of Amusement Parks and
Attractions,
Los Angeles Tourism & Convention Board,
Las Vegas Convention & Visitors Authority,
Loews Hotels and Resorts,
Marriott International, Inc.,
National Retail Federation,
National Tour Association,
PSAV,
Sabre Corporation,
The San Diego Tourism Authority,
Starwood Hotels and Resorts Worldwide, Inc.,
The Travel Technology Association,
U.S. Tour Operators Association.
Ms. LOFGREN. Why? Because it is important for our country that this
program, this Visa Waiver Program, be tightened up, that we are assured
that it is being operated in a safe and secure manner.
{time} 1645
I am happy that we can work together on a bipartisan basis to do
this, because we are at a time in our country when reckless and racist
things are being said about some of our fellow Americans--people who
are saying that if you are of the Muslim faith, somehow you are a
threat to the United States. That is not true. And it is important for
us to stand up against that rhetoric, to stand up for all Americans and
people of all faiths, but also to work together on sensible, modest
reforms to the VW Program.
I am glad that we will, hopefully, stand together in the face of
outrageous racist rhetoric and that we will also stand together
supporting this modest reform to the program.
I would note also the suggestion that the bill does not solve all the
problems. As I said in my opening statement, the most important part of
this program is the database provisions. If countries do not want to
share their data, they can't be in the Visa Waiver Program. I think
that, as we move forward, more and more countries will understand we
need to collaborate together, and I urge support for the bill.
Mr. Speaker, I yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, this is a good bill. I want to thank everybody on both
sides of the aisle who have worked together to bring us to the point
where we can pass this bill through the House. I hope it is taken up
and passed in the Senate. I hope it is signed into law soon.
It will do some good in stopping people who have ill intent from
being able to abuse our immigration system and enter our country. But
this bill is just one of many, many things with regard to our
immigration system that need to be examined. Other legislation that has
already passed out of the Homeland Security Committee and the Judiciary
Committee needs to be brought to the floor of the House for
consideration.
We also need to examine our visa programs and the interview process,
which may be called into question following the tragedy in San
Bernardino. We also need to make sure that our borders--particularly
our southern border, but all of our borders--are secure. People are
crossing into our country undetected, and they are not just from South
American and Central American countries. They are from all over the
world, including from the country that we have been talking about here
today.
We need to make sure that our asylum program is not as rampant with
fraud as it is today. We need to pass legislation introduced by
Congressman Chaffetz of Utah that addresses that problem.
We need to make sure that when people cross into our country
illegally, no matter where they are from, they are apprehended and that
they are not released into the interior of the country with the hope
that they will someday reappear for a hearing. Congressman John Carter
has legislation that addresses that problem.
We need to make sure that when people enter the United States, for
whatever purpose, they do so lawfully, and they not take jobs away from
law-abiding American citizens. We need to make sure that our electronic
verification of employment program is made mandatory, as legislation
introduced and passed out of the committee, introduced by Congressman
Lamar Smith, would do.
We need to make sure that we are utilizing all of our law enforcement
resources across our entire Nation to keep this country safe, including
better cooperation between the Federal Government and our State and
local governments on law enforcement issues and on immigration
enforcement issues. I hear from judges and sheriffs and other law
enforcement officials in my district about the messed up way that our
current program is working. We need to have a clear, statutory role for
State and local governments to participate in the enforcement of these
laws.
All of these things need to be brought to the floor of this House to
make sure that our immigration programs are working properly, are
working fairly, and are making this country safer than it is today. I
urge my colleagues to support this legislation, which is a very good
step in the right direction.
I commend the gentlewoman from Michigan (Mrs. Miller), who is leaving
[[Page H9061]]
at the end of this Congress. This is a good note to end this debate
upon. I thank her for her good work in making sure that we are keeping
this country safe by improving the Visa Waiver Program. I urge my
colleagues to support this legislation.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and pass the bill, H.R. 158, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GOODLATTE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________