Biometric Exit Improvement Act of 2013

Summary: 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 &quot;Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure,&quot; issued on April 24, 2008. 

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.