Sec. 316. Biometric enterprise management
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Subtitle A of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 801 et seq. ) is amended to read as follows: Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security, working through the Under Secretary for Strategy, Policy, and Plans of the Department, in coordination with the Privacy Officer of the Department, the Civil Rights and Civil Liberties Officer of the Department, and the appropriate heads of components or offices of the Department, shall develop and disseminate a strategy with respect to biometric technology and identity management enterprise pilot programs and programs. The strategy required under paragraph
(1)shall include guidance and requirements with respect to— the front-end collection, use, retention, sharing, and disposal of biometric information; privacy protections for individuals whose biometric information is collected, including through the United States VISIT program or any other such passenger facilitation program; and prioritizing voluntary consent, to the extent practicable, for the capture of biometrics from individuals through an opt-in approach rather than an opt-out approach. Beginning on the date that the strategy required under paragraph
(1)is disseminated pursuant to such paragraph, the Secretary shall— assess each biometric technology and identity management enterprise pilot program or program contemplated in such strategy for consistency with such strategy; and prohibit the head of a component of the Department from initiating or expanding such a pilot program or program that includes biometric technology or identity management enterprise without the Secretary first determining if such a pilot program or program is not consistent with such strategy. Not later than 180 days after the date on which the strategy required under paragraph
(1)of subsection
(a)is disseminated pursuant to paragraph
(2)of such subsection, the Under Secretary for Management of the Department shall issue a determination with respect to each biometric technology and identity management enterprise program of the Department regarding whether such pilot program or program complies with such strategy. If a pilot program or program described in paragraph
(1)is determined pursuant to such paragraph to not be in compliance with the strategy required under paragraph
(1)of subsection
(a)and disseminated pursuant to paragraph
(2)of such subsection, the Under Secretary for Management of the Department shall— issue a corrective action plan to ensure such a pilot program or program becomes compliant with such strategy by not later than one year after the date the Under Secretary issues a determination pursuant to paragraph
(1)with respect to such a pilot program or program; and submit to the appropriate congressional committees each such corrective action plan. Not later than two years after the date of the enactment of this section, the Secretary, acting through the Under Secretary for Management of the Department, shall submit to the appropriate congressional committees a report that identifies each biometric technology and identity management pilot program or program of the Department that— complies with the strategy required under paragraph
(1)of subsection
(a)and disseminated pursuant to paragraph
(2)of such subsection; or is suspended or cancelled for noncompliance with such strategy. Not later than 90 days after completion of the review required under subsection
(b)and annually thereafter through fiscal year 2027, shall submit to the appropriate congressional committees a report with respect to each biometric technology and identity management pilot program or program of the Department described in subsection (b). Each report required under paragraph
(1)shall include for each biometric technology and identity management pilot program or program in development, in operation, that was suspended, or that was terminated during the year prior to such report information relating to the following: The identification of the components or offices of the Department, including roles and responsibilities, that carry out each such pilot program or program. The purpose, including the reason for using biometric technology or identity management tools. An overview of the biometric technology or identity management tools used to capture, share, or match biometric information. A timeline of key events, including the actual or planned initiation, completion dates for test activities, and the deployment of biometric technology or identify management tools. The total cost and the sources of funding. Any existing contracts or agreements. Any plans relating to the transition or expansion. Plans relating to rulemaking or privacy impact assessments. Not later than one year after the date on which the strategy required under paragraph
(1)of subsection
(a)is disseminated pursuant to paragraph
(2)of such subsection, the Under Secretary for Science and Technology of the Department shall submit to the appropriate congressional committees a report that includes an assessment of all biometric technology and identity management pilot programs or programs of the Department relating to the use of facial recognition or iris scanning. The report required under paragraph
(1)shall include information relating to the following: The impact of device specifications and installation factors, such as camera quality, lighting, and internet connectivity, of biometric collection technologies with respect to the ability of the Department to capture accurate data across all demographic groups. Proposed or implemented biometric collection methods to capture accurate data across all demographic groups. Information security with respect to such biometric technology and identity management tools, including lessons learned to improve resiliency with respect to cybersecurity threats. Independent testing results of biometric matching algorithms to verify accuracy across all demographic groups. In this subsection, the term demographic group includes age, sex, skin tone, and disability status or any combination thereof. In this section: The term appropriate congressional committees means— the Committee on Homeland Security of the House of Representatives; and the Committee on Homeland Security and Governmental Affairs of the Senate. The term biometric technology means any device or system used to collect biometric data or information. The term identity management means the policies, processes, and procedures used to identify or verify the identity of individuals using biometric, biographic, or other data and information. . The table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by this Act, is further amended by striking the items related to subtitle A of title VIII and inserting the following new items: Subtitle A—Department-Wide policies and strategies Sec. 801. Biometric enterprise management. .
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- 6 USC 801
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Sec. 316
Biometric enterprise management
Cite6 USC 801
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