Statement of RICHARD BARTH
ASSISTANT SECRETARY FOR POLICY
DEVELOPMENT
Department of Homeland Security
Before the United States HOUSE
OF REPRESENTATIVES
cOMMITTEE ON FOREIGN AFFAIRS,
SUBCOMMITTEE ON
IMPROVING
WEDNESDAY, MAY 14, 2008
2200
Chairman Wexler, Mr. Gallegly, and Distinguished Members of the Subcommittee: I would like to thank you for the opportunity to appear before you today to discuss how the Department of Homeland Security (DHS or the Department) is enhancing the security of the Visa Waiver Program (VWP) as it works to expand the program’s membership pursuant to the requirements of the “Implementing Recommendations of the 9/11 Commission Act of 2007” (9/11 Act).
A modernized VWP that strengthens our
country’s national security, law enforcement and immigration interests is a
clear top priority for the Administration. Section 711 of the 9/11 Act supports
this objective by concurrently enhancing the VWP’s security requirements and
expanding opportunities for new countries to become VWP members. These
twin goals of security and expansion are complementary: expanding the circle of
countries admitted to the Program creates tremendous incentives for VWP
aspirants to enhance their security standards and deepen their cooperation with
the
Let me spend a few moments updating you on the steps the Department has taken to further strengthen the VWP’s security features and expand the program’s membership.
Since summer 2007, DHS has engaged both current and aspirant VWP countries alike to explain the enhanced security measures mandated by the 9/11 Act. This outreach effort has involved both high-level consultation and working-level technical conversations between foreign partners and DHS personnel, in collaboration with our colleagues in the Departments of State and Justice. More recently, the Department has formalized the security enhancements into memoranda of understanding (MOUs) and has started to discuss implementing arrangements that detail the terms of the new security measures. DHS is requiring each member and aspirant country to sign an MOU and to agree to the appropriate implementing arrangements, unless other arrangements or agreements already in place fulfill the new security requirements of the VWP legislation. Those countries seeking to join the VWP will have to comply with all of the new security measures upon admission; current participants will have to meet those new requirements no later than October 2009. Staggering the times for compliance in this way best enables us to ensure a smooth and efficient path to uniform security standards for all VWP members. As we have stated before, uniform security standards are essential because the terrorist threat is not confined to particular corners of the globe.
To date, eight countries have
signed MOUs – the
We believe that the arrangements under discussion — which include requirements to provide certain information on air passengers, serious crimes, known or suspected terrorists, asylum and migration matters, and timely reporting of lost and stolen passport data, as well as cooperation on airport and aviation security — will provide our operators and analysts with new tools to secure our nation as well as help prevent terrorist and criminal activities in our VWP partner nations. As such, they will in many ways substantially enhance travel security with our Visa Waiver partners.
Indeed, we are already seeing tangible security benefits from these agreements, well in advance of VWP expansion. For example:
·
Sharing screening information on known and
suspected terrorists will be required for VWP membership. As a direct
result of this link to VWP, the majority of aspirant countries have concluded,
or are close to concluding, agreements with the
·
The timely reporting of lost and stolen passports
is a VWP entry requirement. As a result of the connection to VWP
accession, several VWP aspirant countries have improved their lost and stolen
passport reporting to Interpol and are also sharing the information directly
with the
· Agreeing to accept U.S. Air Marshals is another consideration for VWP designation. As a result of the connection to the VWP, we have seen a willingness to conclude negotiations with the Transportation Security Administration (TSA) on Air Marshals.
The security breakthroughs made
possible by these bilateral discussions have also created momentum on the
parallel discussions with the EU. The extension of visa-free travel
privileges has been and will remain a bilateral matter for legal and very practical
purposes: we must measure and evaluate the concrete actions of those countries
responsible for implementing security and travel requirements. That said,
cooperation with the EU has been and will remain vital. The
Secretary Chertoff and his EU
counterparts agreed to a “Twin Track” approach to the trans-Atlantic dialogue
on VWP at the Justice and Home Affairs Ministerial meeting this past March in
In addition to the very real
security benefits just described, the VWP produces significant economic
benefits for this country. In 2006, for example, VWP travelers accounted
for 60 percent of travel-related business transactions. That year,
The VWP also contributes to
cross-cultural exchanges with American allies and friends throughout the
world. VWP travel provides the opportunity for foreigners to expand their
understanding of American culture, history, and values. As visitors
explore our national parks, museums, and communities, they will form their own
positive opinion of
As you know, initial VWP designation
(as well as continuing designation) depends on a determination by DHS, in
consultation with the Department of State, that such designation would not
negatively impact
As noted earlier in this testimony,
the twin goals of security and expansion are mutually reinforcing. The 9/11 Act gives the Secretary greater
flexibility with regard to aspirant countries’ nonimmigrant visa refusal rate
provided the Department: (1) certifies that an air exit system is in place that
can verify the departure of at least 97% of the foreign nationals who exit
through
As to the first requirement, DHS continues to evaluate and look for ways to ensure accurate and timely receipt of passenger manifest information and to improve the methodology underpinning the air-exit calculations. We expect to make this certification – in a transparent manner – later this year.
The development of the ESTA program is also well underway. ESTA will substantially strengthen the security of the VWP by providing DHS with the capability to conduct enhanced advance vetting of VWP travelers. It is essential to transforming the VWP from a program that evaluates security threats on a country-by-country basis to one that is capable of making traveler-by-traveler judgments. DHS expects that ESTA will be online during summer 2008. In addition to enhancing security, ESTA should provide for greater efficiencies in the screening of international travelers by reducing traveler delays at the ports of entry.
DHS is committed to strengthening the VWP in a substantive way and to bringing new members into the program. Let me assure you that new countries will not be admitted to the program until both they and DHS meet the statutory requirements.
As I have outlined today, the Department is well on its way to achieving the twin goals of a security-enhanced and expanded VWP, as embodied in the 9/11 Act. In fact, we are reaping the rewards of enhanced security cooperation even before VWP expansion is a reality.
Mr. Chairman and Members of the Subcommittee, I want to thank you for the opportunity to present this testimony today. I would be pleased to respond to any questions you might have at this time.
[1] Although
DHS is actively engaged with each of the Roadmap countries,