R46300 — Adding Countries to the Visa Waiver Program: National Security and Tourism Considerations

The Visa Waiver Program (VWP), which allows citizens of certain countries to visit the United States for up to three months without a visa, has two explicit missions: to enhance national security and to boost the U.S. travel and tourism sectors. A concern for Congress is whether the VWP, in contrast to its mission, exposes the United States to security threats despite implementation of strict security requirements for participating countries over recent years. At the same time, because of long-standing congressional interest in promoting the U.S. travel and tourism sectors, many lawmakers support adding more countries to the VWP. On September 24, 2024, the Secretary of Homeland Security, in consultation with the Secretary of State, designated Qatar into the VWP, bringing the number of participating countries to 42. A key goal of the VWP is to improve standards for aviation security and travel documents, and improve information-sharing by law enforcement in countries around the world. To qualify for the VWP, countries must issue electronic passports, report information on all lost and stolen passports to the International Criminal Police Organization (INTERPOL), and share information on travelers who may pose a terrorist or criminal threat. Every VWP traveler must obtain preclearance to board a flight to the United States through the Electronic System for Travel Authorization (ESTA). Supporters of the VWP see admission into the program as an incentive for foreign countries to increase their security infrastructure and information-sharing with the United States. A competing view is that despite security improvements, including generally disallowing individuals to travel under the VWP if they had traveled to a country known as a terrorist sanctuary, the program remains a national security vulnerability. Foreign travel from VWP countries to the United States—as with foreign travel to the United States from non-VWP countries—has fluctuated over the past five years. In 2019, there were 23.8 million arrivals to the United States from VWP countries. In 2020, as the COVID-19 pandemic struck, there were 4.0 million arrivals to the United States from VWP countries. In 2023, the number of arrivals to the United States from VWP countries had rebounded to 18.4 million. Assessing recent visitor trends does not necessarily yield clear conclusions on VWP’s impact on U.S. tourism. For example, the average number of arrivals to the United States from non-VWP countries has increased at a higher rate over the past decade than it has from VWP countries. In recent Congresses, some legislative proposals related to the VWP have sought to expand the number of participating countries or to add restrictions to VWP membership. Other proposals have related to VWP’s security goals. In addition, in recent years Congress has passed tourism-related legislation, which became law that affected both VWP and non-VWP countries. In the 117th Congress, the Restoring Brand USA Act (Division FF of the Consolidated Appropriations Act, 2022 [P.L. 117-103]) provided access to $250 million in one-time funding to the Corporation for Travel Promotion, a national tourism promotion program also known as Brand USA. Also in the 117th Congress, the Visit America Act (Subtitle A, Title VI, Division BB of the Consolidated Appropriations Act, 2023 [P.L. 117-328]) authorized the creation of a new Assistant Secretary of Commerce for Travel and Tourism within the Department of Commerce with responsibility for, among other things, establishing an annual goal for international visitors to the United States and producing an annual forecast of the U.S. tourism industry. At the end of the 116th Congress, in December 2019, Congress authorized the continued use of the ESTA fee to partially fund Brand USA through September 30, 2027. Congress also raised the ESTA fee to generate additional funding for Brand USA, which went into effect on May 20, 2022.

Curated by CRS — every bill listed in this report's relatedMaterials. Edge type cited_in_report, gold confidence.

• HR 6875 — United States-Uruguay Economic Partnership Act · 118th Cong
• HR 4367 — Department of Homeland Security Appropriations Act, 2024 · 118th Cong
• S 1926 — United States-Uruguay Economic Partnership Act · 118th Cong
• S 814 — Romania Visa Waiver Act of 2023 · 118th Cong
• S 493 — Securing the Visa Waiver Program Act of 2023 · 118th Cong