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[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>
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