Sec. 1305. Collection, use, and storage of biometric data
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The Secretary of Homeland Security may require any individual filing an application, petition, or other request for an immigration benefit or immigration status with the Department of Homeland Security or seeking an immigration benefit or other authorization, employment authorization, identity, or travel document, or requesting relief or protection under any provision of the immigration laws to submit biometric information (including fingerprints, photograph, signature, voice print, iris scan, or DNA) to the Secretary. The Secretary may use any biometric information submitted under paragraph
(1)to conduct background and security checks, verify an individual’s identity, adjudicate, revoke, or terminate an immigration benefit or immigration status, and perform other functions related to administering and enforcing the immigration laws. The Secretary of Homeland Security, the Secretary of Defense, and the Director of the Federal Bureau of Investigation— shall exchange appropriate biometric and biographic information to determine or confirm the identity of an individual and to assess whether the individual is a threat to national security or public safety; and may use information exchanged pursuant to subparagraph (A)— to compare biometric and biographic information contained in applicable systems of the Department of Homeland Security, the Department of Defense, or the Federal Bureau of Investigation to determine if there is a match between such information; and if there is a match between such information, to relay such information to the requesting agency. The Secretary of State shall use biometric information from applicable systems of the Department of Homeland Security, of the Department of Defense, and of the Federal Bureau of Investigation to track individuals who are— known or suspected terrorists; or identified as a potential threat to national security; and using an alias while traveling. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall submit a joint report on the status of efforts to engage with the Government of Mexico and the governments of other appropriate foreign countries located in Central America or South America— to discuss coordination on biometric information sharing between the United States and such countries; and to enter into bilateral agreements that provide for the sharing of such biometric information with the Department of State, the Department of Defense, the Department of Justice, the Federal Bureau of Investigation, and the Department of Homeland Security to use in— identifying individuals who are known or suspected terrorists or potential threats to national security; and verifying the entry and exit of individuals to and from the United States. The collection of biometric information under paragraph
(1)shall not limit the authority of the Secretary of Homeland Security to collect biometric information from any individual arriving to or departing from the United States.