Sec. 14. Biometric exit data system
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The Secretary of Homeland Security shall— not later than 180 days after the date of the enactment of this Act, submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate an implementation plan to establish a biometric exit data system to complete the integrated biometric entry and exit data system required under section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 8 U.S.C. 1365b ), including— an integrated master schedule and cost estimate, including requirements and design, development, operational, and maintenance costs, of such a system that takes into account prior reports on such matters issued by the Government Accountability Office and the Department of Homeland Security; cost-effective staffing and personnel requirements of such a system that leverages existing resources of the Department of Homeland Security that takes into account prior reports on such matters issued by the Government Accountability Office and the Department of Homeland Security; a consideration of training programs necessary to establish such a system that takes into account prior reports on such matters issued by the Government Accountability Office and the Department of Homeland Security; a consideration of how such a system will affect wait times that takes into account prior reports on such matter issued by the Government Accountability Office and the Department of Homeland Security; information received after consultation with private sector stakeholders, including— the trucking industry; the airport industry; the airline industry; the seaport industry; the travel industry; and the biometric technology industry; a consideration of how trusted traveler programs in existence as of the date of the enactment of this Act may be impacted by, or incorporated into, such a system; defined metrics of success and milestones; identified risks and mitigation strategies to address such risks; and a consideration of how other countries have implemented a biometric exit data system; and not later than two years after the date of the enactment of this Act, establish a biometric exit data system at— the 15 United States airports that support the highest volume of international air travel, as determined by available Federal flight data; the 15 United States seaports that support the highest volume of international sea travel, as determined by available Federal travel data; and the 15 United States land ports of entry that support the highest volume of pedestrian crossings, as determined by available Federal border crossing data.
Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security, in collaboration with industry stakeholders, shall establish a six-month pilot program to test the biometric exit data system referred to in subsection (a)(2) on non-pedestrian outbound traffic at not fewer than three land ports of entry with significant cross-border traffic, including at not fewer than two land ports of entry on the southern land border and at least one land port of entry on the northern land border.
Such pilot program may include a consideration of more than one biometric mode, and shall be implemented to determine the following: How a nationwide implementation of such biometric exit data system at land ports of entry shall be carried out. The infrastructure required to carry out subparagraph (A). The effects of such pilot program on legitimate travel and trade. The effects of such pilot program on wait times, including processing times, for such non-pedestrian traffic. Its effectiveness in combating terrorism.
Its effectiveness in identifying visa holders who violate the terms of their visas. Not later than five years after the date of the enactment of this Act, the Secretary of Homeland Security shall expand the biometric exit data system referred to in subsection (a)(2) to all land ports of entry, and such system shall apply only in the case of non-pedestrian outbound traffic. The Secretary of Homeland Security may extend for a single two year period the date specified in subparagraph
(A)if the Secretary certifies to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate that the 15 land ports of entry that support the highest volume of passenger vehicles, as determined by available Federal data, do not have the physical infrastructure or characteristics to install the systems necessary to implement a biometric exit data system. Not later than five years after the date of the enactment of this Act, the Secretary of Homeland Security shall expand the biometric exit data system referred to in subsection (a)(2) to all air and sea ports of entry. Not later than five years after the date of the enactment of this Act, the Secretary of Homeland Security shall expand the biometric exit data system referred to in subsection (a)(2) to all land ports of entry, and such system shall apply only in the case of pedestrians. The Secretary of Homeland Security, in consultation with appropriate private sector stakeholders, shall ensure that the collection of biometric data under this section causes the least possible disruption to the movement of people or cargo in air, sea, or land transportation, while fulfilling the goals of improving counterterrorism efforts and identifying visa holders who violate the terms of their visas. Notwithstanding any other provision of law, the Secretary of Homeland Security shall, on the date of the enactment of this Act, terminate the proceeding entitled Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure , issued on April 24, 2008 (73 C.F.R. 22065; DHS Docket No. 2008–0039). The biometric exit data system established under this section shall— require that the biometric data that is obtained for a person upon entry to the United States is matched against the biometric data of such person when such person exits the United States; leverage the infrastructure and databases of the current entry system established pursuant to section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 8 U.S.C. 1365b ) for the purpose described in paragraph (1); and be interoperable with, and allow matching against, other Federal databases that store biometrics of known or suspected terrorists, and visa holders who have violated the terms of their visas. The biometric exit data system established under this section shall include a requirement for the collection of biometric exit data for all categories of individuals who are required to provide biometric entry data. This section shall not apply in the case of a citizen of the United States. The Secretary of Homeland Security may not require any non-Federal person to collect biometric data pursuant to the biometric exit data system established under this section, except through a contractual agreement. In carrying out subsections (a)(1) and (b), the Secretary of Homeland Security shall make every effort to collect biometric data using additional modes of biometric technology. If the Secretary fails to meet any of the following requirements by the applicable deadline, no political appointee of the Department of Homeland Security may perform any function described in paragraph
(2)until the Secretary has complied with the requirement: The submission of the implementation plan under subsection (a)(1). The establishment of a biometric exit data system under subsection (a)(2). The establishment a six-month pilot program to test such biometric exit data system under subsection (b)(1)(A). The expansion of such biometric exit data system under subsection (b)(2)(A). Any extension of the deadline for such expansion authorized by the Secretary under subsection (b)(2)(B)(ii). The functions described in this subparagraph are each of the following: Travel using government aircraft. Receipt of any non-essential training. Receipt of bonus pay. Receipt of any salary increase. Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate reports and recommendations of the Department of Homeland Security Science and Technology Directorate’s Air Entry and Exit Re-Engineering Program and the reports and recommendations of the U.S. Customs and Border Protection entry and exit mobility program demonstrations.
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- 73 CFR 22065
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