Biometric Exit Improvement Act of 2015
Directs the Secretary of Homeland Security (DHS) to: (1) submit an implementation plan to establish a biometric exit data system to complete the integrated biometric entry and exit data system required under the Intelligence Reform and Terrorism Prevention Act of 2004; (2) establish such a system, within two years after enactment of this Act, at the 10 U.S. airports, 10 U.S. seaports, and 10 land ports of entry that support the highest volume of international air travel, international sea travel, and pedestrian crossings, respectively; and (3) submit a report that analyzes the effectiveness of such system.
Directs the Secretary: (1) within 18 months after enactment of this Act, in collaboration with industry stakeholders and the head of a university-based center with prior expertise in border security and counterterrorism, 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; (2) after receiving a Government Accounting Office review of such program and acting through the Commissioner of U.S. Customs and Border Protection, to submit a plan with an integrated master schedule to implement such a system at all land ports of entry for non-pedestrian outbound traffic; (3) within three years after submitting such master schedule, to expand the system to all land ports of entry for non-pedestrian outbound traffic; and (4) within five years after enactment of this Act, to expand the system to all air and sea ports of entry and to all land ports of entry for pedestrian traffic.
Requires the Secretary to: (1) ensure that the collection of biometric data under such system causes the least possible disruption to the movement of people or cargo in air, sea, or land transportation; (2) 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; and (3) make every every effort to collect biometric data using additional modes of biometric technology.
Prohibits the Secretary from requiring any non-federal person to collect biometric data under the system, except through a contractual agreement.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 229 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 229
To require the Secretary of Homeland Security to establish a biometric
exit data system, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 8, 2015
Mrs. Miller of Michigan (for herself and Mr. McCaul) 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
2015''.
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
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--
(A) an integrated master schedule and cost
estimate, including requirements and design,
development, operational, and maintenance costs, of
such a system;
(B) cost-effective staffing and personnel
requirements of such a system that leverages existing
resources of the Department of Homeland Security;
(C) a consideration of training programs necessary
to establish such a system;
(D) a consideration of how such a system will
affect wait times;
(E) information received after consultation with
private sector stakeholders, including--
(i) the trucking industry;
(ii) the airport industry;
(iii) the airline industry;
(iv) the seaport industry;
(v) the travel industry; and
(vi) the biometric technology industry;
(F) 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;
(G) defined metrics of success and milestones;
(H) identified risks and mitigation strategies to
address such risks; and
(I) a consideration of how other countries have
implemented a biometric exit data system;
(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;
(B) the ten United States seaports that support the
highest volume of international sea travel, as
determined by available Federal travel data; and
(C) the ten United States land ports of entry that
support the highest volume of pedestrian crossings, as
determined by available Federal border crossing 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, the ten
international seaports, and the ten international land ports of
entry described in paragraph (2).
(b) Implementation.--
(1) Pilot program at land ports of entry 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, in collaboration with industry
stakeholders and the head of a university-based center
of excellence with prior expertise in border security
and counterterrorism, 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, and including in at least one
passenger vehicle lane. Such pilot program may include
a consideration of more than one biometric mode, and
shall be implemented to determine the following:
(i) How a nationwide implementation of such
biometric exit data system at land ports of
entry shall be carried out.
(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, including processing times, for
such non-pedestrian traffic.
(v) Its effectiveness in combating
terrorism.
(B) GAO review.--Not later than 30 days after the
conclusion of the pilot program under subparagraph (A),
the Secretary of Homeland Security, acting through the
Commissioner of U.S. Customs and Border Protection,
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, acting through
the Commissioner of U.S. Customs and Border Protection,
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, with an
integrated master schedule, 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 non-pedestrian outbound
traffic.--
(A) In general.--Not later than three years after
submitting the integrated master schedule referred to
in paragraph (1)(C), 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.
(B) Extension.--
(i) Collaboration.--The Secretary of
Homeland Security shall collaborate with the
head of a university-based center of excellence
with prior expertise in border security and
counterterrorism and with the head of a
national laboratory within the Department of
Homeland Security laboratory network with prior
expertise in border security and
counterterrorism regarding extensions of the
initial date specified in subparagraph (A) if
any of the conditions described in clause (ii)
exist.
(ii) Conditions.--The Secretary of Homeland
Security may extend by two years the initial
date specified in subparagraph (A), and may
renew such extension in additional two year
increments, if the Secretary, after the
collaboration described in clause (i),
certifies to the Committee on Homeland Security
of the House of Representatives and the
Committee on Homeland Security and Governmental
Affairs of the Senate that any of the following
conditions exist:
(I) Systems to collect biometric
data cannot be purchased, deployed, or
operated at land ports of entry by the
initial deadline specified in
subparagraph (A).
(II) The 15 land ports of entry
that support the highest volume of
international travel, as determined by
available Federal data, do not have the
physical infrastructure or
characteristics to install the systems
referred to in subclause (I).
(III) Use of systems referred to in
subclause (I) will substantially impact
crossing times or the flow of cargo.
(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.
(4) At land ports of entry for pedestrians.--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.
(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
people 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 times for air and sea travelers and any other significant
disruption to the movement of people 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) Data-Matching.--The biometric exit data system established
under this section shall--
(1) require that the biometric data that was 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;
(2) 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
(3) be interoperable with, and allow matching against,
other Federal databases that store biometrics of known or
suspected terrorists.
(g) Scope.--
(1) In general.--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.
(2) Exception.--This section shall not apply in the case of
a citizen of the United States.
(h) 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.
(i) Multi-Modal Collection.--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.
<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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