	Background

According to the program’s legislative history, the Visa Waiver Pilot  Program was created, in part, to improve U.S. foreign relations and to  promote effective use of State Department‘s resources. Persons traveling to the United States under the Visa Waiver Program must  have a valid passport issued by the participating country and be a  national of that country;  be seeking entry for 90 days or less as a temporary visitor;   have their identity checked at the U.S. port of entry against an  automated electronic database containing information about the  inadmissibility of aliens, to uncover any grounds on which the alien may  be inadmissible to the United States, with no such ground found;   have been determined by the Immigration and Naturalization Service  (INS) at the U.S. port of entry to represent no threat to the welfare,  health, safety, or security of the United States;   have complied with conditions of any previous admission under the  program (e.g., stayed in the United States for 90 days or less);   if entering by air or sea, possess a round-trip transportation ticket issued  by a carrier that has signed an agreement with the U.S. government to  participate in the program and must have arrived in the United States  aboard such a carrier; and   if entering by land, have proof of financial solvency and a domicile  abroad to which he or she intends to return. Nomination Process Assesses Countries’ Eligibility to Join the Program

To comply with laws intended to ensure that countries’ participation in the  Visa Waiver Program does not threaten U.S. security and interests, the  Departments of State and Justice have established a draft protocol that  spells out procedures to assess countries’ eligibility to be admitted to the  program. INS accelerated the scheduling of the evaluations after  the terrorist attacks on September 11, 2001. Recent Laws Affect Process for Assessing Eligibility, but Full, Timely Implementation Uncertain

Laws passed since the terrorist attacks of September 11, 2001, affect the  process for determining countries’ eligibility to participate in the Visa  Waiver Program. These laws cover passport requirements for visa waiver  countries and reemphasize the requirement for the Attorney General to  establish a system to monitor peoples’ entry into and exit from the United  States. However, it is unclear whether Justice and State will fully  implement these requirements by the deadlines called for under U.S. law. Implications of Eliminating the Visa Waiver Program Are Uncertain

The implications for U.S. national security of eliminating the program are  uncertain; however, eliminating the program could negatively affect U.S.  relations with participating country governments, impede tourism to the  United States, and increase the need for State personnel and facilities  overseas. State Department and U.S. law enforcement officials’  opinions varied on the effect of the Visa Waiver Program on U.S. national  security. Eliminating the Program Could Affect U.S. Tourism

As previously mentioned, Congress created the Visa Waiver Program, in  part, to facilitate international travel and thereby increase the number of  foreign travelers to the United States. We also  interviewed officials from the Departments of State, including the Bureaus  of Consular Affairs and Diplomatic Security, and Justice, including the INS,  FBI, and DEA in the United States and in Argentina, Belgium, Italy,  Slovenia, Spain, and Uruguay. State commented that the draft report did not provide detailed  information on the border inspection process.
Why GAO Did This Study

Since the terrorist attacks of September 11, 2001, the U.S. Congress, the administration, law enforcement officials, and the public have questioned the effectiveness of U.S. visa programs in protecting national security. Some have voiced concern that terrorists or other criminals may exploit one of these programs--the Visa Waiver Program--to enter the United States. The program enables citizens of 28 participating countries to travel to the United States for tourism or business for 90 days or less without first obtaining a visa. It was created, in part, to promote the effective use of government resources and to facilitate international travel without threatening U.S. security. GAO was asked to review the Visa Waiver Program, including the process for assessing countries' eligibility to participate in the program. GAO was also asked to determine the implications--specifically those affecting national security, foreign relations, tourism, and State Department resources--of eliminating the program. GAO analysts traveled to several visa waiver countries, including Belgium, Italy, Slovenia, Spain, and Uruguay, as well as to Argentina, whose participation in the program was recently revoked.

What GAO Found

To ensure that countries participating in the Visa Waiver Program pose a low risk to U.S. national interests, the Departments of Justice and State verify each country's political and economic stability and the security of its passport issuance process. However, laws passed since the terrorist attacks of September 11, 2001, affect the processes for determining eligibility for the program. The new laws expand passport requirements for visa waiver countries and call for a system to monitor visitors' movement into and out of the United States. Whether these requirements will be implemented by the specified deadlines remains uncertain. The implications for U.S. national security of eliminating the Visa Waiver Program are difficult to determine. It is clear, however, that eliminating the program could affect U.S. relations with other countries, U.S. tourism, and State Department resources abroad. Although the Departments of Justice and State generally agreed with our report, Justice was concerned that GAO did not fully take into account its progress in meeting certain requirements. State questioned whether GAO considered the border inspection process when discussing the national security implications of eliminating the Visa Waiver Program.