Congressional Oversight Committee members want to know why the Obama administration wants Libyans to come to the United States to attend flight school, work in aviation maintenance or flight operations, or to study or seek training in nuclear science.
According to today's Oversight Committees issue to the press, a Department of Homeland Security pending regulation is set to lift the longstanding prohibition on Libyans entering the U.S. to do just that.
The House Oversight Committees Chairmen say that under the final draft of that regulation, the removal of the prohibition will go into effect without prior notice and comment.
In a letter to the Secretary of Homeland Security, Jeh Johnson, they said that the policy prohibiting Libyans from those activities "...was wisely put into place in 1983 after a series of terrorist incidents involving Libyan nationals. The Administration's draft regulation justifies lifting this ban by claiming the United States' relationship with Libya has been 'normalized.'..." The letter also declares that:
"...We raised concerns, as, clearly, the U.S. relationship with Libya is anything but normal, as evidenced by the September 11th assault on the U.S. compound in Benghazi, Libya and horrific murder of our ambassador to that country over a year ago. Not only did four Americans die on that date, but, as we previously documented, numerous other terror threats have continued from Libya in recent months..."
The Congressmen say to Johnson:
"...the long-standing prohibition was put in place by then-President Reagan's administration in order to protect the homeland against serious threats from terrorists from a particularly unstable and dangerous country--characteristics of Libya that persist today, regardless of any progress that may have been made following the removal of Muammar Gaddafi from power and attempts to improve relations with the fragile Libyan government in Tripoli. Unfortunately the current regulation is needed as much now as ever before. Any such policy change is not only misguided but dangerous. The terror threat continues, and numerous news reports document recent terror-related activity involving Libyans. Yet the letter we sent to DHS on November 25, 201-3... [asking about why DHS is lifting the regulation] ... remains unanswered..."
The letter describes the final draft of the proposed regulation lifting the Libyan ban. It would allow Libyans to come to the United States to study or obtain training in aviation, maintenance, flight operations, or nuclear related fields, and justifies the action because it involves a foreign affairs function of the United States to the extent that it will impact relations with a foreign government.
The letter says "...it appears that the rule is planned to be published as a final rule without any prior public notice and comment-- essentially allowing the Administration to elevate and expedite the interests of Libyan nationals over the interests of Americans, including those previously affected by terrorism (Libyan or otherwise) who might wish to have notice and provide comment..."
The Congressmen are also expressing concern that the DHS has moved forward with the regulation and sent it to the Office of Management and Budget for review, after they requested and did not receive information from DHS. The letter sent to Johnson states that on OMB's website there is evidence of this, citing a regulation titled "Rescinding Suspension of Enrollment for Certain F and M non-immigrant Students from Libya and Third Country Nationals acting on behalf of Libyan Entities."
The Congressmen lament that "...the Administration continues to ignore Congressional inquiries..."
"...In light of the continued national security threat to America, we find the planned policy reversal to be dangerous and irresponsible. The decision to lift the ban on allowing nationals of such a terror-plagued country to come to the U.S. to engage in flight-related training is particularly disturbing in light of the role such training played in the preparations for the September 11, 2001 terror attacks. Further, lifting the ban on Libyan nationals to come to the U.S. to study nuclear science and related fields is incomprehensible in light of the peril the U.S. and its allies in the Near East face from the potential acquisition of nuclear weapons technology by terrorists or hostile nations in the region..."
The letter is signed by Bob Goodlatte, Chairman of the House Committee on the Judiciary, Darrrell Issa, Chairman of the Committee on Oversight and Government Reform, Trey Gowdy, Chairman of the Subcommittee on Immigration and Border Security of the House Committee on the Judiciary, and Jason Chaffetz, Chairman of the Subcommittee on National Security of the House Committee on Oversight and Government Reform.
They plan a joint hearing of Committees, requiring testimony from DHS on the "status of the rule and the impetus behind it."
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