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GAO-17-194R 1 (2016-11-03)

handle is hein.gao/gaobadssq0001 and id is 1 raw text is: 



GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-328513


November 3, 2016

The Honorable Chuck Grassley
Chairman
The Honorable Patrick Leahy
Ranking Member
Committee on the Judiciary
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, U.S. Customs and Border Protection: Establishment
        of the Electronic Visa Update System (EVUS)

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), U.S. Customs and Border
Protection (CBP) entitled Establishment of the Electronic Visa Update System (EVUS) (RIN:
1651-AB08). We received the rule on October 18, 2016. It was published in the Federal
Register as a final rule on October 20, 2016. 81 Fed. Reg. 72,481.

The final rule amends the Department of Homeland Security's regulations to establish the
Electronic Visa Update System (EVUS). This system will allow for the collection of biographic
and other information from nonimmigrant aliens who hold a passport issued by an identified
country containing a U.S. nonimmigrant visa of a designated category. Nonimmigrant aliens
subject to these regulations must periodically enroll in EVUS and obtain a notification of
compliance with EVUS prior to travel to the United States. Individuals subject to the EVUS
regulations must comply with EVUS in order to maintain the validity of their visas falling within a
designated category. CBP notes that the Department of State is publishing a parallel rule to
amend its visa regulations to reflect the new EVUS requirements.

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
October 20, 2016. The compliance date is November 29, 2016, or as set forth in 215.24(c).
The rule was published in the Federal Register on October 20, 2016, and received on
October 19, 2016. Therefore, this final rule does not have a 60-day delay in its effective date.
The 60-day delay in effective date can be waived, however, if the agency finds for good cause


GAO-17-194R

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