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GAO-15-693R 1 (2015-06-23)

handle is hein.gao/gaobadrfd0001 and id is 1 raw text is: c A U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-327047 June 23, 2015 The Honorable Orrin G. Hatch Chairman The Honorable Ron Wyden Ranking Member Committee on Finance United States Senate The Honorable Bob Goodlatte Chairman The Honorable John Conyers, Jr. Ranking Member Committee on the Judiciary House of Representatives Subject: Department of Homeland Security: Changes to the Visa Waiver Program To Implement the Electronic System for Travel Authorization (ESTA) Program and the Fee for Use of the System Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Homeland Security (DHS) entitled Changes to the Visa Waiver Program To Implement the Electronic System for Travel Authorization (ESTA) Program and the Fee for Use of the System (RINs: 1651-AA72; 1651-AA83). We received the rule on June 8, 2015. It was published in the Federal Register as a final rule on June 8, 2015. 80 Fed. Reg. 32,267. The final rule finalizes the interim rule that governs the Electronic System for Travel Authorization (ESTA). ESTA is the online system through which nonimmigrant aliens intending to enter the United States under the Visa Waiver Program (VWP) must obtain a travel authorization in advance of travel to the United States. After a review of the comments submitted on the interim rule, DHS made one substantive regulatory change allowing the Secretary of DHS to adjust ESTA travel authorization validity periods on a per country basis to the 3-year maximum or to a lesser period of time. This rule also finalizes another interim rule which imposed a $4 ESTA fee on each ESTA applicant meant to ensure recovery of the full costs of providing and administering the system. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). This final rule has a stated effective date of July 8, 2015. The rule was received by the House of Representatives and the Senate on June 3, 2015, and published in the Federal Register on June 8, 2015. 161 Cong. Rec. H4000 (June 9, 2015); 161 Cong. Rec. S4135 (June 15, 2015); 80 Fed. Reg. 32,267. Therefore, the final rule does not have the required 60-day delay in its effective date. GAO-15-693R

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