I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 The Act may be cited as the ‘‘Biometric Exit Im5 provement Act of 2013’’. 

6 SEC. 2. BIOMETRIC EXIT DATA SYSTEM. 

7 (a) ESTABLISHMENT.—The Secretary of Homeland 

8 Security shall— 


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1 (1) not later than 180 days after the date of 

2 the enactment of this Act, submit to the Committee 

3 on Homeland Security of the House of Representa4 tives and the Committee on Homeland Security and 

5 Governmental Affairs of the Senate an implementa6 tion plan to establish a biometric exit data system 

7 in accordance with section 7208 of the Intelligence 

8 Reform and Terrorism Prevention Act of 2004 (8 

9 U.S.C. 1365b), including— 

10 (A) an estimate of the time needed to es11 tablish such a system; 

12 (B) an estimate of operational and mainte13 nance costs of such a system; 

14 (C) staffing and personnel requirements of 

15 such a system; 

16 (D) an assessment of the training pro17 grams necessary to establish such a system; 

18 (E) an assessment of how such a system 

19 will affect wait times; and 

20 (F) information received after consultation 

21 with private sector stakeholders; 

22 (2) not later than two years after the date of 

23 the enactment of this Act, establish a biometric exit 

24 data system at— 


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1 (A) the ten United States airports that 

2 support the highest volume of international air 

3 travel, as determined by available Federal flight 

4 data; and 

5 (B) the ten United States seaports that 

6 support the highest volume of international sea 

7 travel, as determined by available Federal travel 

8 data; and 

9 (3) not later than three years after the date of 

10 the enactment of this Act, submit to the Committee 

11 on Homeland Security of the House of Representa12 tives and the Committee on Homeland Security and 

13 Governmental Affairs of the Senate a report, in ac14 cordance with subsection (d), that analyzes the effec15 tiveness of the biometric exit data system referred to 

16 in paragraph (1) at the ten international airports 

17 and ten international seaports described in para18 graph (2). 

19 (b) IMPLEMENTATION.— 

20 (1) PILOT PROGRAM FOR NON-PEDESTRIAN

21 OUTBOUND TRAFFIC.— 

22 (A) IN GENERAL.—Not later than 18 

23 months after the date of the enactment of this 

24 Act, the Secretary of Homeland Security shall 

25 establish a six-month pilot program to test the 


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1 biometric exit data system referred to in sub2 section (a)(2) on non-pedestrian outbound traf3 fic at not fewer than three land ports of entry 

4 with significant cross-border traffic, including 

5 at not fewer than two land ports of entry on the 

6 southern border and at at least one land port 

7 of entry on the northern border. Such pilot pro8 gram may include a consideration of more than 

9 one biometric mode, and shall be implemented 

10 to determine the following: 

11 (i) The feasibility of implementing bi12 ometric exit data systems at land ports of 

13 entry nationwide. 

14 (ii) The infrastructure required to 

15 carry out clause (i). 

16 (iii) The effects of such pilot program 

17 on legitimate travel and trade. 

18 (iv) The effects of such pilot program 

19 on wait times for such non-pedestrian traf20 fic. 

21 (B) GAO REVIEW.—Not later than 30 

22 days after the conclusion of the pilot program 

23 under subparagraph (A), the Secretary of 

24 Homeland Security shall submit the results of 

25 the determinations made pursuant to such subVerDate Mar 15 2010 02:29 Sep 25, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3141.IH H3141

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1 paragraph to the Government Accountability 

2 Office for review. Not later than 90 days after 

3 the Government Accountability Office receives 

4 such results, the Comptroller General of the 

5 United States shall submit to the Secretary of 

6 Homeland Security and the Committee on 

7 Homeland Security of the House of Representa8 tives and the Committee on Homeland Security 

9 and Governmental Affairs of the Senate a re10 view of such results. 

11 (C) OPERATION.—Not later than 90 days 

12 after receiving the GAO review referred to in 

13 subparagraph (B), the Secretary of Homeland 

14 Security shall, based on such review and the re15 sults of the determinations under subparagraph 

16 (A), submit to the Committee on Homeland Se17 curity of the House of Representatives and the 

18 Committee on Homeland Security and Govern19 mental Affairs of the Senate a plan to imple20 ment a biometric exit data system at all land 

21 ports of entry for non-pedestrian outbound traf22 fic. 

23 (2) AT LAND PORTS OF ENTRY FOR PEDES24 TRIANS.—Not later than three years after the date 

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1 land Security shall expand the biometric exit data 

2 system referred to in subsection (a)(2) to all land 

3 ports of entry, and such system shall apply only in 

4 the case of pedestrians. 

5 (3) AT AIR AND SEA PORTS OF ENTRY.—Not 

6 later than five years after the date of the enactment 

7 of this Act, the Secretary of Homeland Security 

8 shall expand the biometric exit data system referred 

9 to in subsection (a)(2) to all air and sea ports of 

10 entry. 

11 (c) EFFECTS ON AIR, SEA, AND LAND TRANSPOR12 TATION.—The Secretary of Homeland Security, in con13 sultation with appropriate private sector stakeholders, 

14 shall ensure that the collection of biometric data under 

15 this section causes the least possible disruption to the 

16 movement of passengers or cargo in air, sea, or land trans17 portation. 

18 (d) DETERMINATION.—In making the analysis re19 quired under subsection (a)(3), the Secretary of Homeland 

20 Security shall consider the effects of the collection of bio21 metric data under this section on wait time for air and 

22 sea travelers and any other significant disruption to the 

23 movement of passengers or cargo in air or sea transpor24 tation. 


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1 (e) TERMINATION OF PROCEEDING.—Notwith2 standing any other provision of law, the Secretary of 

3 Homeland Security shall, on the date of the enactment 

4 of this Act, terminate the proceeding entitled ‘‘Collection 

5 of Alien Biometric Data Upon Exit From the United 

6 States at Air and Sea Ports of Departure’’, issued on 

7 April 24, 2008 (73 C.F.R. 22065; DHS Docket No. 2008– 

8 0039). 

9 (f) SCOPE.—The biometric exit data system estab10 lished under this section shall include a requirement for 

11 the collection of biometric exit data for all categories of 

12 individuals who are required to provide biometric entry 

13 data. 

14 (g) COLLECTION OF DATA.—The Secretary of Home15 land Security may not require any non-Federal person to 

16 collect biometric data pursuant to the biometric exit data 

17 system established under this section, except through a 

18 contractual agreement. 

Æ 


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