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DHS/USCBP RIN: 1651-AA73 Publication ID: Fall 2011 
Title: Establishment of Global Entry Program 
Abstract: CBP already operates several regulatory and non-regulatory international registered traveler programs, also known as trusted traveler programs. In order to comply with the Intelligence Reform Terrorism Prevention Act of 2004 (IRPTA), CBP is proposing to amend its regulations to establish another international registered traveler program called Global Entry. The Global Entry program would expedite the movement of low-risk, frequent international air travelers by providing an expedited inspection process for pre-approved, pre-screened travelers. These travelers would proceed directly to automated Global Entry kiosks upon their arrival in the United States. This Global Entry Program, along with the other programs that have already been established, are consistent with CBP's strategic goal of facilitating legitimate trade and travel while securing the homeland. A pilot of Global Entry has been operating since June 6, 2008. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 235    8 CFR 103   
Legal Authority: 8 USC 1365b(k)(1)    8 USC 1365b(k)(3)    8 USC 1225    8 USC 1185(b)   
Legal Deadline:  None

Statement of Need: CBP has been operating the Global Entry program as a pilot at several airports since June 6, 2008, and the pilot has been very successful. As a result, there is a desire on the part of the public that CBP establish the program as a permanent program, and expanded the program to additional airports and to citizens from other countries if possible. By establishing this program, CBP will make great strides toward facilitating the movement of people in a more efficient manner, thereby accomplishing our strategic goal of balancing legitimate travel with security. Through the use of biometric and recordkeeping technologies, the risk of terrorists entering the United States would be reduced. Improving security and facilitating travel at the border, both of which are accomplished by Global Entry, are primary concerns within CBP jurisdiction.

Summary of the Legal Basis: The Global Entry program is based on section 7208(k) of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), as amended by section 565 of the Consolidated Appropriations Act, which requires the Secretary of Homeland Security to create a program to expedite the screening and processing of pre-approved low risk air travelers into the United States.

Anticipated Costs and Benefits: Global Entry is a voluntary program that provides a benefit to the public by speeding the CBP processing time for participating travelers. Travelers who are otherwise admissible to the United States will be able to enter or exit the country regardless of whether they participate in Global Entry. CBP estimates that over a 5-year period, 250,000 enrollees will be processed (an annual average of 50,000 individuals). CBP estimates that each application will require 40 minutes (0.67 hours) of the enrollee's time to search existing data resources, gather the data needed, and complete and review the application form. Additionally, an enrollee will experience an "opportunity cost of time" to travel to an Enrollment Center upon acceptance of the initial application. We assume that 1 hour will be required for this time spent at the Enrollment Center and travel to and from the Center, though we note that during the pilot program, many applicants coordinated their trip to an Enrollment Center with their travel at the airport. CBP has used 1 hour of travel time so as not to underestimate potential opportunity costs for enrolling in the program. CBP used a value of $28.60 for the opportunity cost for this time, which is taken from the Federal Aviation Administration's "Economic Values for FAA Investment and Regulatory Decisions, A Guide." (Jul. 3, 2007) This value is the weighted average for U.S. business and leisure travelers. For this evaluation, CBP assumed that all enrollees will be U.S. citizens, U.S. nationals, or Lawful Permanent Residents.

Timetable:
Action Date FR Cite
NPRM  11/19/2009  74 FR 59932   
NPRM Comment Period End  01/19/2010    
Final Rule  12/00/2011    
Additional Information: Includes Retrospective Review under E.O. 13563.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.globalentry.gov  
RIN Data Printed in the FR: No 
Agency Contact:
John P. Wagner
Executive Director, Admissibility and Passenger Programs
Department of Homeland Security
U.S. Customs and Border Protection
Room 4226, Office of Field Operations, 1300 Pennsylvania Avenue NW.,
Washington, DC 20229
Phone:202 344-2118
Email: john.p.wagner@cbp.dhs.gov