Biometric Exit Improvement Act of 2013 - Directs the Secretary of Homeland Security (DHS): (1) within 180 days, to submit an implementation plan to establish a biometric exit data system in accordance with the Intelligence Reform and Terrorism Prevention Act of 2004; (2) within 2 years, to establish such a system at the 10 U.S. airports and the 10 U.S. seaports that support the highest volume of international air and sea travel, respectively; and (3) within 3 years, to submit a report that analyzes the effectiveness of such system at such airports and seaports.
Directs the Secretary: (1) within 18 months, to establish a 6-month pilot program to test such system on non-pedestrian outbound traffic at not fewer than three land ports of entry with significant cross-border traffic, including two on the southern border and one on the northern border; (2) after receiving a Government Accounting Office (GAO) review of such program, to submit a plan to implement such a system at all land ports of entry for non-pedestrian outbound traffic; (3) within 3 years, to expand the system to all land ports of entry to apply only to pedestrians; and (4) within 5 years, to expand the system to all air and sea ports of entry.
Requires the Secretary: (1) to ensure that the collection of biometric data causes the least possible disruption to the movement of passengers or cargo in air, sea, or land transportation; and (2) upon this Act's enactment, to 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.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3141 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3141
To require the Secretary of Homeland Security to establish a biometric
exit data system, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2013
Mrs. Miller of Michigan (for herself, Ms. Loretta Sanchez of
California, Mr. McCaul, Mr. Thompson of Mississippi, Ms. Jackson Lee,
and Mr. King of New York) introduced the following bill; which was
referred to the Committee on Homeland Security
_______________________________________________________________________
A BILL
To require the Secretary of Homeland Security to establish a biometric
exit data system, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
The Act may be cited as the ``Biometric Exit Improvement Act of
2013''.
SEC. 2. BIOMETRIC EXIT DATA SYSTEM.
(a) Establishment.--The Secretary of Homeland Security shall--
(1) not later than 180 days after the date of the enactment
of this Act, submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate an
implementation plan to establish a biometric exit data system
in accordance with section 7208 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), including--
(A) an estimate of the time needed to establish
such a system;
(B) an estimate of operational and maintenance
costs of such a system;
(C) staffing and personnel requirements of such a
system;
(D) an assessment of the training programs
necessary to establish such a system;
(E) an assessment of how such a system will affect
wait times; and
(F) information received after consultation with
private sector stakeholders;
(2) not later than two years after the date of the
enactment of this Act, establish a biometric exit data system
at--
(A) the ten United States airports that support the
highest volume of international air travel, as
determined by available Federal flight data; and
(B) the ten United States seaports that support the
highest volume of international sea travel, as
determined by available Federal travel data; and
(3) not later than three years after the date of the
enactment of this Act, submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report, in accordance with subsection (d), that analyzes the
effectiveness of the biometric exit data system referred to in
paragraph (1) at the ten international airports and ten
international seaports described in paragraph (2).
(b) Implementation.--
(1) Pilot program for non-pedestrian outbound traffic.--
(A) In general.--Not later than 18 months after the
date of the enactment of this Act, the Secretary of
Homeland Security 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
border and at at least one land port of entry on the
northern border. Such pilot program may include a
consideration of more than one biometric mode, and
shall be implemented to determine the following:
(i) The feasibility of implementing
biometric exit data systems at land ports of
entry nationwide.
(ii) The infrastructure required to carry
out clause (i).
(iii) The effects of such pilot program on
legitimate travel and trade.
(iv) The effects of such pilot program on
wait times for such non-pedestrian traffic.
(B) GAO review.--Not later than 30 days after the
conclusion of the pilot program under subparagraph (A),
the Secretary of Homeland Security shall submit the
results of the determinations made pursuant to such
subparagraph to the Government Accountability Office
for review. Not later than 90 days after the Government
Accountability Office receives such results, the
Comptroller General of the United States shall submit
to the Secretary of Homeland Security and the Committee
on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental
Affairs of the Senate a review of such results.
(C) Operation.--Not later than 90 days after
receiving the GAO review referred to in subparagraph
(B), the Secretary of Homeland Security shall, based on
such review and the results of the determinations under
subparagraph (A), submit to the Committee on Homeland
Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
of the Senate a plan to implement a biometric exit data
system at all land ports of entry for non-pedestrian
outbound traffic.
(2) At land ports of entry for pedestrians.--Not later than
three 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.
(3) At 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 air and sea
ports of entry.
(c) Effects on Air, Sea, and Land Transportation.--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
passengers or cargo in air, sea, or land transportation.
(d) Determination.--In making the analysis required under
subsection (a)(3), the Secretary of Homeland Security shall consider
the effects of the collection of biometric data under this section on
wait time for air and sea travelers and any other significant
disruption to the movement of passengers or cargo in air or sea
transportation.
(e) Termination of Proceeding.--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).
(f) Scope.--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.
(g) Collection of Data.--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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
Referred to the Subcommittee on Border and Maritime Security.
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