Executive Orders 13563 (“Regulatory Improvement and Review”) and 12866 (“Regulatory Planning and Review”) require authorities to assess the costs and benefits of available regulatory alternatives and, where regulation is required, to select regulatory approaches that maximize net benefits (including potential economic impacts, , environment, public health and safety, distribution impact, and justice). Executive Order 13563 emphasizes the importance of quantifying costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. The Immigration and Nationality Act provides that persons with a communicable disease of public health importance are barred from entering the United States and cannot obtain a visa to enter the United States without exemption. Congress removed this legal language, which specifically requires that HIV be considered a “communicable disease of public health concern,” a list created by regulations issued by the Department of Health and Human Services (HHS) through a provision of the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS Act. Tuberculosis, and Malaria Reauthorization Act of 2008. signed by the President on 30 July 2008. 2. In November 2009, HHS published its final rule removing HIV from the definition of “communicable diseases of public health concern”. Section 212.1 of the DHS Regulations (8 CFR 212.1) entitled “Documentary Requirements for Non-Immigrants” refers to the Visa Waiver Pilot Program. On October 30, 2000, the VWP was established as a permanent program by the Permanent Visa Waiver Program Act, Public Law 106-396, replacing the Visa Waiver Pilot Program. Therefore, this section is amended to remove the reference to the Visa Waiver Pilot Program and to refer to the Visa Waiver Program instead. In response to the events of September 11, 2001, Congress passed recommendations for the implementation of the 9/11 Act of 9/9, 9/907.
To address VWP aviation security vulnerabilities, Section 711 of the 9/11 Act required the Secretary of Homeland Security, in consultation with the Secretary of State, to develop and implement a fully automated electronic travel authorization system for VWP travelers visiting the United States. The system would collect biographical and other information that the Secretary of DHS deems necessary to assess the applicant`s eligibility to travel to the United States under the VWP prior to travel and whether such travel poses a risk to law enforcement or security. See 8 U.S.C. 1187(h)(3)(A). Prior to the creation of ESTA, VWP travellers could board a U.S.-bound plane and be found inadmissible upon arrival at CBP inspection. By implementing ESTA, DHS can determine if the traveler is likely to be cleared upon arrival before traveling to the United States. Yes. The Site is operated by the U.S. Government and uses technology to prevent unauthorized access to information entered and displayed. Information submitted by applicants through the ESTA website is subject to the same strict controls established for similar traveler screening programs governed by U.S. laws and regulations, including but not limited to the Federal Information Security Management Act. Access to this information is limited to people who need to know professionally.
VWP travelers obtain the necessary travel authorization by electronically submitting an application consisting of biographical and other information determined by the Secretary of Homeland Security to CBP via the ESTA website (esta.cbp.dhs.gov). The ESTA application captures all the data elements contained on the paper form I-94W. To apply for a travel authorization, a traveler must select the “Apply” function on the ESTA website, enter their biographical and travel information according to the fields marked with a red asterisk (the mandatory data elements), enter the optional data elements, if known, and submit the application information. A third party (such as a commercial freight forwarder, travel agent, visa service provider, or relative) may apply for ESTA on behalf of a traveler. For each travel authorization, the traveler must pay a fee. Information submitted by applicants through the ESTA website is subject to the same strict privacy policies and controls established for similar screening programs for travelers. Access to this information is limited to people who need to know professionally. The Site is operated by the U.S.
Government and uses technology to prevent unauthorized access to information entered and displayed. The information is protected and regulated by U.S. laws and regulations, including, but not limited to, the federal Information Security Management Act. CBP strongly recommends that you use the reference number obtained to verify your registration on the official U.S. government website esta.cbp.dhs.gov ensure that you have been registered and that the information is accurate. Otherwise, you may have a problem when you arrive in the United States. DHS has established the electronic equivalent of the Form I-94W paper-based procedure in air and sea ports, as defined in the ESTA Air and Sea IFR (73 FR 32440), published on June 9, 2008, and in the ESTA Air, Sea, and Fee Final Rule (80 FR 32267), published on June 8, 2015.