I 

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. 

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 2015’’. 

6 SEC. 2. BIOMETRIC EXIT DATA SYSTEM. 

7 (a) ESTABLISHMENT.—The Secretary of Homeland 

8 Security shall— 

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

10 the enactment of this Act, submit to the Committee 


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1 on Homeland Security of the House of Representa2 tives and the Committee on Homeland Security and 

3 Governmental Affairs of the Senate an implementa4 tion plan to establish a biometric exit data system 

5 to complete the integrated biometric entry and exit 

6 data system required under section 7208 of the In7 telligence Reform and Terrorism Prevention Act of 

8 2004 (8 U.S.C. 1365b), including— 

9 (A) an integrated master schedule and cost 

10 estimate, including requirements and design, 

11 development, operational, and maintenance 

12 costs, of such a system; 

13 (B) cost-effective staffing and personnel 

14 requirements of such a system that leverages 

15 existing resources of the Department of Home16 land Security; 

17 (C) a consideration of training programs 

18 necessary to establish such a system; 

19 (D) a consideration of how such a system 

20 will affect wait times; 

21 (E) information received after consultation 

22 with private sector stakeholders, including— 

23 (i) the trucking industry; 

24 (ii) the airport industry; 

25 (iii) the airline industry; 


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1 (iv) the seaport industry; 

2 (v) the travel industry; and 

3 (vi) the biometric technology industry; 

4 (F) a consideration of how trusted traveler 

5 programs in existence as of the date of the en6 actment of this Act may be impacted by, or in7 corporated into, such a system; 

8 (G) defined metrics of success and mile9 stones; 

10 (H) identified risks and mitigation strate11 gies to address such risks; and 

12 (I) a consideration of how other countries 

13 have implemented a biometric exit data system; 

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

15 the enactment of this Act, establish a biometric exit 

16 data system at— 

17 (A) the ten United States airports that 

18 support the highest volume of international air 

19 travel, as determined by available Federal flight 

20 data; 

21 (B) the ten United States seaports that 

22 support the highest volume of international sea 

23 travel, as determined by available Federal travel 

24 data; and 


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1 (C) the ten United States land ports of 

2 entry that support the highest volume of pedes3 trian crossings, as determined by available Fed4 eral border crossing data; and 

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

6 the enactment of this Act, submit to the Committee 

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

9 Governmental Affairs of the Senate a report, in ac10 cordance with subsection (d), that analyzes the effec11 tiveness of the biometric exit data system referred to 

12 in paragraph (1) at the ten international airports, 

13 the ten international seaports, and the ten inter14 national land ports of entry described in paragraph 

15 (2). 

16 (b) IMPLEMENTATION.— 

17 (1) PILOT PROGRAM AT LAND PORTS OF ENTRY

18 FOR NON-PEDESTRIAN OUTBOUND TRAFFIC.— 

19 (A) IN GENERAL.—Not later than 18 

20 months after the date of the enactment of this 

21 Act, the Secretary of Homeland Security, in 

22 collaboration with industry stakeholders and the 

23 head of a university-based center of excellence 

24 with prior expertise in border security and 

25 counterterrorism, shall establish a six-month 


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1 pilot program to test the biometric exit data 

2 system referred to in subsection (a)(2) on non3 pedestrian outbound traffic at not fewer than 

4 three land ports of entry with significant cross5 border traffic, including at not fewer than two 

6 land ports of entry on the southern border and 

7 at at least one land port of entry on the north8 ern border, and including in at least one pas9 senger vehicle lane. Such pilot program may in10 clude a consideration of more than one biomet11 ric mode, and shall be implemented to deter12 mine the following: 

13 (i) How a nationwide implementation 

14 of such biometric exit data system at land 

15 ports of entry shall be carried out. 

16 (ii) The infrastructure required to 

17 carry out clause (i). 

18 (iii) The effects of such pilot program 

19 on legitimate travel and trade. 

20 (iv) The effects of such pilot program 

21 on wait times, including processing times, 

22 for such non-pedestrian traffic. 

23 (v) Its effectiveness in combating ter24 rorism. 


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1 (B) GAO REVIEW.—Not later than 30 

2 days after the conclusion of the pilot program 

3 under subparagraph (A), the Secretary of 

4 Homeland Security, acting through the Com5 missioner of U.S. Customs and Border Protec6 tion, shall submit the results of the determina7 tions made pursuant to such subparagraph to 

8 the Government Accountability Office for re9 view. Not later than 90 days after the Govern10 ment Accountability Office receives such re11 sults, the Comptroller General of the United 

12 States shall submit to the Secretary of Home13 land Security and the Committee on Homeland 

14 Security of the House of Representatives and 

15 the Committee on Homeland Security and Gov16 ernmental Affairs of the Senate a review of 

17 such results. 

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

19 after receiving the GAO review referred to in 

20 subparagraph (B), the Secretary of Homeland 

21 Security, acting through the Commissioner of 

22 U.S. Customs and Border Protection, shall, 

23 based on such review and the results of the de24 terminations under subparagraph (A), submit 

25 to the Committee on Homeland Security of the 


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1 House of Representatives and the Committee 

2 on Homeland Security and Governmental Af3 fairs of the Senate a plan, with an integrated 

4 master schedule, to implement a biometric exit 

5 data system at all land ports of entry for non6 pedestrian outbound traffic. 

7 (2) AT LAND PORTS OF ENTRY FOR NON-PE8 DESTRIAN OUTBOUND TRAFFIC.— 

9 (A) IN GENERAL.—Not later than three 

10 years after submitting the integrated master 

11 schedule referred to in paragraph (1)(C), the 

12 Secretary of Homeland Security shall expand 

13 the biometric exit data system referred to in 

14 subsection (a)(2) to all land ports of entry, and 

15 such system shall apply only in the case of non16 pedestrian outbound traffic. 

17 (B) EXTENSION.— 

18 (i) COLLABORATION.—The Secretary 

19 of Homeland Security shall collaborate 

20 with the head of a university-based center 

21 of excellence with prior expertise in border 

22 security and counterterrorism and with the 

23 head of a national laboratory within the 

24 Department of Homeland Security labora25 tory network with prior expertise in border 


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1 security and counterterrorism regarding 

2 extensions of the initial date specified in 

3 subparagraph (A) if any of the conditions 

4 described in clause (ii) exist. 

5 (ii) CONDITIONS.—The Secretary of 

6 Homeland Security may extend by two 

7 years the initial date specified in subpara8 graph (A), and may renew such extension 

9 in additional two year increments, if the 

10 Secretary, after the collaboration described 

11 in clause (i), certifies to the Committee on 

12 Homeland Security of the House of Rep13 resentatives and the Committee on Home14 land Security and Governmental Affairs of 

15 the Senate that any of the following condi16 tions exist: 

17 (I) Systems to collect biometric 

18 data cannot be purchased, deployed, 

19 or operated at land ports of entry by 

20 the initial deadline specified in sub21 paragraph (A). 

22 (II) The 15 land ports of entry 

23 that support the highest volume of 

24 international travel, as determined by 

25 available Federal data, do not have 


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1 the physical infrastructure or charac2 teristics to install the systems referred 

3 to in subclause (I). 

4 (III) Use of systems referred to 

5 in subclause (I) will substantially im6 pact crossing times or the flow of 

7 cargo. 

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

9 later than five years after the date of the enactment 

10 of this Act, the Secretary of Homeland Security 

11 shall expand the biometric exit data system referred 

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

13 entry. 

14 (4) AT LAND PORTS OF ENTRY FOR PEDES15 TRIANS.—Not later than five years after the date of 

16 the enactment of this Act, the Secretary of Home17 land Security shall expand the biometric exit data 

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

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

20 the case of pedestrians. 

21 (c) EFFECTS ON AIR, SEA, AND LAND TRANSPOR22 TATION.—The Secretary of Homeland Security, in con23 sultation with appropriate private sector stakeholders, 

24 shall ensure that the collection of biometric data under 

25 this section causes the least possible disruption to the 


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1 movement of people or cargo in air, sea, or land transpor2 tation. 

3 (d) DETERMINATION.—In making the analysis re4 quired under subsection (a)(3), the Secretary of Homeland 

5 Security shall consider the effects of the collection of bio6 metric data under this section on wait times for air and 

7 sea travelers and any other significant disruption to the 

8 movement of people or cargo in air or sea transportation. 

9 (e) TERMINATION OF PROCEEDING.—Notwith10 standing any other provision of law, the Secretary of 

11 Homeland Security shall, on the date of the enactment 

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

13 of Alien Biometric Data Upon Exit From the United 

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

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

16 0039). 

17 (f) DATA-MATCHING.—The biometric exit data sys18 tem established under this section shall— 

19 (1) require that the biometric data that was ob20 tained for a person upon entry to the United States 

21 is matched against the biometric data of such person 

22 when such person exits the United States; 

23 (2) leverage the infrastructure and databases of 

24 the current entry system established pursuant to 

25 section 7208 of the Intelligence Reform and TerVerDate Sep 11 2014 04:58 Jan 15, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H229.IH H229

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1 rorism Prevention Act of 2004 (8 U.S.C. 1365b) for 

2 the purpose described in paragraph (1); and 

3 (3) be interoperable with, and allow matching 

4 against, other Federal databases that store bio5 metrics of known or suspected terrorists. 

6 (g) SCOPE.— 

7 (1) IN GENERAL.—The biometric exit data sys8 tem established under this section shall include a re9 quirement for the collection of biometric exit data 

10 for all categories of individuals who are required to 

11 provide biometric entry data. 

12 (2) EXCEPTION.—This section shall not apply 

13 in the case of a citizen of the United States. 

14 (h) 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. 

19 (i) MULTI-MODAL COLLECTION.—In carrying out 

20 subsections (a)(1) and (b), the Secretary of Homeland Se21 curity shall make every effort to collect biometric data 

22 using additional modes of biometric technology. 

Æ 


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