Sec. 8. U.S. Customs and Border Protection technology upgrades
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The Commissioner shall ensure that each CBP officer or agent, if appropriate, is equipped with a secure radio or other two-way communication device that allows each such officer or agent to communicate— between ports of entry and inspection stations; and with other Federal, State, Tribal, and local law enforcement entities. Not later than September 30, 2023, the Commissioner shall fully implement the Border Security Deployment Program of CBP and expand the integrated surveillance and intrusion detection system at land ports of entry along the northern and southern borders of the United States.
In addition to amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated $33,000,000 for fiscal years 2022 and 2023 to carry out paragraph (1). Not later than two years after the date of the enactment of this section, the Commissioner shall upgrade all existing license plate readers in need of upgrade, as determined by the Commissioner, on the northern and southern borders of the United States. In addition to amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated $125,000,000 for fiscal years 2022 and 2023 to carry out paragraph (1).
Subtitle B of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 211 et seq. ) is amended by adding at the end the following new section: The Secretary shall— not later than 180 days after the date of the enactment of this section, 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; cost-effective staffing and personnel requirements of such a system that leverages existing resources of the Department and takes into account prior reports on such matters issued by the Government Accountability Office and the Department; 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; a consideration of how such a system will affect arrival and departure wait times that takes into account prior reports on such matters issued by the Government Accountability Office and the Department; a consideration of audit capability for systems procured in partnership with the private sector to achieve biometric exit; information received after consultation with the private sector, including the— trucking industry; airport industry; airline industry; seaport industry; travel industry; and biometric technology industry; a consideration of how trusted traveler programs in existence as of the date of the enactment of this section 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; a consideration of how other countries have implemented a biometric exit data system; a consideration of stakeholder privacy concerns; and a list of statutory, regulatory, or administrative authorities, if any, needed to integrate such a system into the operations of the Transportation Security Administration; and not later than two years after the date of the enactment of this section, 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 10 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 vehicle, pedestrian, and cargo crossings, as determined by available Federal border crossing data.
Not later than six months after the date of the enactment of this section, the Secretary, in collaboration with industry stakeholders specified in subsection (a)(1)(F), shall establish a six-month pilot program to test the biometric exit data system referred to in subsection (a)(1) on nonpedestrian 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; wait times, including processing times, for such non-pedestrian traffic; combating terrorism; and identifying visa holders who violate the terms of their visas.
Not later than five years after the date of the enactment of this section, the Secretary shall expand to all land ports of entry the biometric exit data system established pursuant to subsection (a)(2). The Secretary 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 vehicle, pedestrian, and cargo crossings, as determined by available Federal border crossing data, do not have the physical infrastructure or characteristics to install the systems necessary to implement a biometric exit data system. Such extension shall apply only in the case of nonpedestrian outbound traffic at such land ports of entry. Not later than five years after the date of the enactment of this section, the Secretary shall expand to all air and sea ports of entry the biometric exit data system referred to in subsection (a)(2). The Secretary, in consultation with appropriate industry 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 shall, on the date of the enactment of this section, terminate the proceeding entitled Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure; United States Visitor and Immigrant Status Indicator Technology Program ( , issued on April 24, 2008 (73 Fed. Reg. 22065). US–VISIT ) The biometric exit data system established under this section shall— match biometric information for an individual, regardless of nationality, citizenship, or immigration status, who is departing the United States against biometric data previously provided to the United States Government by such individual for the purposes of international travel; leverage the infrastructure and databases of the current biometric entry and exit 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 identify visa holders who violate 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 at the time of departure for all categories of individuals who are required by the Secretary to provide biometric entry data. This section shall not apply in the case of an individual who exits and then enters the United States on a passenger vessel (as such term is defined in section 2101 of title 46, United States Code) the itinerary of which originates and terminates in the United States. This section shall not apply in the case of a United States or Canadian citizen who exits the United States through a land port of entry. The Secretary may not require any non-Federal person to collect biometric data, or contribute to the costs of collecting or administering the biometric exit data system established under this section, except through a mutual agreement. In carrying out subsections (a)(1) and (b), the Secretary shall make every effort to collect biometric data using multiple modes of biometrics. All facilities at which the biometric exit data system established under this section is implemented shall provide and maintain space for Federal use that is adequate to support biometric data collection and other inspection-related activity. With respect to each non-Federal facility at which the biometric exit data system is implemented pursuant to paragraph (1), the space required under such paragraph shall be provided and maintained at no cost to the Federal Government. With respect to each facility at a land port of entry at which the biometric exit data system is implemented pursuant to paragraph (1), the space required under such paragraph shall be coordinated with the Administrator of General Services. With respect to the northern land border, the requirements under subsections (a)(2)(C), (b)(2)(A), and (b)(3) may be achieved through the sharing of biometric data provided to the Department by the Canadian Border Services Agency pursuant to the 2011 Beyond the Border agreement. The Secretary shall procure goods and services to implement this section through full and open competition in accordance with the Federal Acquisition Regulation. Nothing in this section may be construed as limiting the authority of the Secretary to collect biometric information in circumstances other than as specified in this section. Not later than 90 days after the date of the enactment of this section, the Secretary 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 regarding the Directorate of Science and Technology’s Air Entry and Exit Re-Engineering Program and the U.S. Customs and Border Protection entry and exit mobility program demonstrations. Nothing in this section may prohibit the collection of user fees permitted by section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c ). . There is authorized to be appropriated $50,000,000 for each of fiscal years 2022 and 2023 to carry out section 420 of the Homeland Security Act of 2002, as added by this subsection. The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 419 the following new item: Sec. 420. Biometric exit data system. .
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- 73 FR 22065
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Sec. 8
U.S. Customs and Border Protection technology upgrades
Fed. Reg.73 FR 22065
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