Bills
| 3.23.22

Considering "Terrorism Risk" When Screening People Entering the U.S. Without a Visa (H.R. 158)

Do you support or oppose this bill?

What is H.R. 158?

(Updated June 17, 2021)

This bill aims to tighten up security processes in the Visa Waiver Program (VWP), while requiring additional reporting from the Dept. of Homeland Security (DHS) on program data. The VWP allows citizens of 38 countries to travel to the U.S. for up to 90 days without a visa.

If a country does not agree to share security threat information about its citizens and nationals with the U.S., the DHS Secretary would have the authority to suspend that country from the VWP, without warning. 

The automated system used to determine the eligibility of people who want to travel into the U.S. — the Electronic System for Travel Authorization (ESTA) — would be expanded to also consider "terrorism risk" as a factor. DHS could consequently assess "terrorism risk" when deciding whether a non-citizen is eligible to travel to the U.S.

DHS would also have to deliver a report to Congress on:

  • The number of people, identified by their countries of citizenship or nationality, denied eligibility to travel, or whose eligibility was revoked under the ESTA because they posed a security threat;

  • Steps that can be taken to strengthen the ESTA;

  • Compliance by foreign governments with information sharing agreements on passport theft or loss and whether a country’s citizens or nationals traveling to the U.S. pose a security threat.

Argument in favor

The Dept. of Homeland Security needs to reform the Visa Waiver Program screening process to ensure it is not exploited by those who want to commit acts of terrorism. DHS needs to be able to suspend countries that don't cooperate in security measures.

Argument opposed

The Visa Waiver Program helps the economy by allowing travelers from select countries to come to the U.S. for business and tourism. DHS shouldn’t be able to unilaterally suspend a given country from the program without Congress’ approval.

Impact

People living in the U.S., citizens or nationals of countries in the Visa Waiver Program and their governments, U.S. diplomatic relations with those countries, Congress, and the Dept. of Homeland Security.

Cost of H.R. 158

The CBO estimates that this bill would cost about $1 million in 2016 and less than $500,000 per year annually thereafter.

Additional Info

In-Depth:  Sponsoring Rep. Candice Miller (R-MI) introduced this bill to counteract the threat of terrorist groups exploiting the Visa Waiver Program:

“The fact is, as evidenced by the horrific attacks in Paris, terrorist organizations like ISIS are looking for any and every opportunity to exploit a nation’s hospitality to carry out their barbaric attacks against the innocent. Therefore, it is imperative that we take every precaution to ensure the safety of our citizens.”

The House Homeland Security Committee passed this legislation unanimously by voice vote, and the bill has 34 cosponsors including seven Democrats and 27 Republicans.


Of Note: On December 6, 2015 President Obama delivered an address from the Oval Office discussing steps he would take to counteract the threat of terrorism. These included a promise to intensify airstrikes against the so-called Islamic State, (ISIS or ISIL) and a review of the Visa Waiver Program. The President had incorrectly said that the VWP was used by one of the terrorists in the San Bernadino shooting, when the visa in question was actually a spousal visa. The White House had already been considering changes to the VWP and reiterated that it would continue to support bipartisan efforts to amend the program.


Media:

Summary by Eric Revell
(Photo Credit: Flickr user Wagner T. Cassimrio "Aranha")