Mikulski Introduces Visa Waiver Bill to Improve Traveler Security

Press Release

U.S. Senator Barbara A Mikulski (D-Md.) has introduced the Visa Waiver Program Updated Framework and Enhanced Security Act of 2010 to ensure that the U.S. VISA Waiver Program (VWP) continues to make strong contributions to our security and fosters strong ties with our allies.

"I have fought for many years to ensure that we expand the Visa Waiver Program in a way that keeps our borders secure and allows travelers who want nothing other than to see family, conduct business, or tour our great country without going through a long and expensive process of getting a visa," Senator Mikulski said. "This bill allows our State Department to direct scarce consular resources where they are needed most without compromising security. This program is a common-sense tool that strengthens our alliances and allows millions to form a positive impression of the U.S. while also enhancing our national security protections."

Senator Mikulski's bill updates the VWP framework to reflect improving capabilities to track travelers entering and exiting the United States; to sharpen and enhance the program's security benefits; and to simplify the program to allow the Department of Homeland Security (DHS) and State Department to better focus their attention and resources on working with member countries to focus more on measures that add to border security.

The bill will make four main changes to the current VWP:

· Holds VWP countries accountable for behavior of citizens traveling in the U.S. by using non-immigrant VISA overstay rates as a metric for program admissions and participation. This replaces the current practice of using refusal rates which are influenced by factors that have no impact on U.S. security, law enforcement, or contribution to rates of illegal immigration.

· Improves sharing of information on lost and stolen passports by requiring that all VWP countries have agreements in place to share information on lost and stolen passports within 180 days of passage and requiring the Department of Homeland Security to integrate databases on lost and stolen passport information into the Electronic System on Travel Authorization.

· Enhances interagency cooperation on VISA waiver program security benefits by requiring DHS to make information on travelers who have overstayed their VISAs be available electronically to state and local law enforcement agencies and requiring DHS to maximize the usage of all available databases to compile overstay rates for VWP countries to maximize the integrity of the overall rate.

· Takes steps to enhance oversight and accountability over VWP country compliance, such as simplifying existing annual reporting requirements for the VWP by combining all required reports into a single annual evaluation of the VWP. It also requires that DHS publish as part to its annual evaluation a report card on VWP country program compliance to include updated assessments for each participating VWP country.

The next step in consideration of this bill is its referral to the Senate Committee on Homeland Security and Government Reform, where it will be considered and possibly amended before being sent to the full Senate for its consideration. No timeline has been set for this process.

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