Letter to Jeh Johnson, Secretary of the Department of Homeland Security - Strengthen Visa Waiver Program, Consider Designating Additional Countries of Concern

Letter

Dear Secretary Johnson,

I write to urge you to further review and enhance the security of the Visa Waiver Program and determine the need for additional Country of Concern designations.

The Visa Waiver Program allows for citizens from 38 countries to travel to the United States for business or tourism purposes for up to 90 days without first obtaining a visa. Member countries must meet and maintain certain basic standards, such as sharing with the United States information regarding whether a national of that country traveling to the United States represents a threat to our security. I remain concerned that if law enforcement and intelligence authorities in Visa Waiver Program member countries are unable to keep track of and communicate internally about security threats, they are likely unable to meet their information-sharing obligations to the United States. It is imperative that your department continues to focus on strengthening information-sharing efforts to benefit American security.

As you know, on December 18, 2015, Congress passed and the president signed into law the Consolidated Appropriations Act of 2016 (Public Law 114-113), which strengthened the Visa Waiver Program. Pursuant to that law, a citizen of a Visa Waiver Program country who has traveled to Iraq, Syria, or a state sponsor of terrorism in the last five years cannot travel to the United States under the program.

Public Law 114-113 provides you with the authority to make additional "Country or Area of Concern" designations whereby a national of a Visa Waiver Program country who has traveled to such country or area will be unable to travel to the United States visa-free. Criteria for a "Country or Area of Concern" designation includes "whether a foreign terrorist organization has a significant presence in the country or area," and "whether the country or area is a safe haven for terrorists."

I was encouraged that on February 18, 2016, you announced that Somalia, Yemen, and Libya have each been designated as a Country of Concern. ISIS is gaining influence in Libya, and Yemen has long been the headquarters for Al Qaeda in the Arabian Peninsula. Al Qaeda and ISIS have operated in Algeria, Mali, Tunisia, and Niger. With this in mind, I urge you to consider the advisability of designating each of these countries as a Country of Concern pursuant to the authorities provided to you. It is critical that we remain cognizant of past threats, vigilant about current threats, and alert to emerging threats worldwide.

I urge you to use all authorities Congress has provided to you to ensure the safety and security of Americans at home and abroad. Thank you for your service and dedicated attention to these matters.

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