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Electronic System for Travel Authorization (ESTA) Fee Increase rule (2022)

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The Electronic System for Travel Authorization (ESTA) Fee Increase rule is a significant rule issued by the U.S. Customs and Border Protection, U.S. Department of Homeland Security (DHS) effective May 20, 2022, that increased the fee Electronic System for Travel Authorization (ETSA) from $10 to $17 and extended it through 2027. The ETSA is for nonimmigrants visiting the United States under the Visa Waver Program, pursuant to the Further Consolidated Appropriations Act of 2020.[1]

HIGHLIGHTS
  • Name: Electronic System for Travel Authorization (ESTA) Fee Increase
  • Agency: U.S. Customs and Border Protection, U.S. Department of Homeland Security (DHS)
  • Action: Final rule
  • Type of significant rule: Economically significant

    • Timeline

    The following timeline details key rulemaking activity:

    Background

    Under the Immigration and Nationality Act of 1952, the Secretary of Homeland Security— with the Secretary of State— can designate countries to be part of the Visa Waiver Program (VWP), which allowed citizens of eligible countries to travel in the United States for up to 90 days without first obtaining a visa. In 2007, the president signed into law the Implementing Recommendations of the 9/11 Commission Act (9/11 Act) requiring the Secretary of Homeland Security to collect biographical and other information of those entering the United States under the VWP using a fully automated electronic travel authorization system, which created the Electronic System for Travel Authorization (ESTA). This aimed to ensure that those traveling under the VWP weren't posing security risks. The Travel Promotions Act of 2009 instituted a $10 travel promotion fee for ESTA transactions through which people receive their travel authorization and a $4 operational fee; a series of mandates extended the sunset provision— or end date— of the fee collection. The Electronic System for Travel Authorization (ESTA) Fee Increase rule increased the travel promotion fee, but sets the sunset provision to September 30, 2027 (per the Bipartisan Budget Act of 2018), after which travelers must only pay the $4 operational fee. No proposed rule was issued for this rule because CBP said it qualified for exemptions from notice under the Administrative Procedure Act, because "the amendments to the regulations are simply conforming amendments to reflect statutory changes and a non-substantive administrative change regarding how the $4 fee is referenced in the regulations." CBP cited the same reasons for omitting a delay in the effective date.[1]

    Summary of the rule

    The following is a summary of the rule from the rule's entry in the Federal Register:

    “ This document amends Department of Homeland Security (DHS) regulations pertaining to the Electronic System for Travel Authorization (ESTA). ESTA is the online system through which nonimmigrant visitors intending to enter the United States under the Visa Waiver Program (VWP) at air or sea ports of entry must obtain an electronic travel authorization in advance of travel to the United States. Pursuant to updates in Congressional mandates, the ESTA travel promotion fee (also referred to as the “authorization charge”) was increased from $10 to $17 and extended to 2027. As a result of the increase in the travel promotion fee, the fee for an approved ESTA (which includes the travel promotion fee and a $4 operational fee) is $21. CBP will begin collecting the new fee following the effective date of this rule.[1][2] ”

    Summary of provisions

    The following is a summary of the provisions from the rule's entry in the Federal Register:[1]

    “

    This rule updates the ESTA fee regulations to incorporate the most recent statutory provisions. To incorporate the new sunset provision for the travel promotion fee contained in section 30203(a) of the Bipartisan Budget Act of 2018, Public Law 115–123, this document amends 8 CFR 217.5(h)(1) by replacing “September 30, 2015” with “September 30, 2027”. To reflect the fact that, after September 30, 2027, the only ESTA fee will be the operational fee, this document amends 8 CFR 217.5(h)(2) by replacing “October 1, 2020” with “October 1, 2027”.

    To implement the new travel promotion fee amount as set forth in section 806 of the Further Consolidated Appropriations Act of 2020, Public Law 116–94, this document amends 8 CFR 217.5(h)(1) by replacing the amount “$14.00” with “$21” and replacing the amount “$10” with “$17”. Additionally, this document removes extraneous decimal points and zeros after the references to “$4” throughout section 217.5(h).[2]

    		”

    Significant impact

    See also: Significant regulatory action

    Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.

    Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]


    The text of the Electronic System for Travel Authorization (ESTA) Fee Increase rule states that OMB deemed this rule economically significant under E.O. 12866:

    “ This rule has been designated a “significant regulatory action” that is economically significant under section 3(f)(1) of Executive Order 12866 as it results in transfers of over $100 million in a given year. Accordingly, OMB has reviewed this regulation.[2] ”

    Text of the rule

    The full text of the rule is available below:[1]

    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Federal Register, "Electronic System for Travel Authorization (ESTA) Fee Increase," December 4, 2023.
    2. ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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