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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
The Act may be cited as the ‘‘Biometric Exit Im-
provement Act of 2013’’. 
SEC. 2. BIOMETRIC EXIT DATA SYSTEM. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security shall— 
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(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 Representa-
tives and the Committee on Homeland Security and 
Governmental Affairs of the Senate an implementa-
tion 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 es-
tablish such a system; 
(B) an estimate of operational and mainte-
nance costs of such a system; 
(C) staffing and personnel requirements of 
such a system; 
(D) an assessment of the training pro-
grams 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— 
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(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 Representa-
tives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report, in ac-
cordance with subsection (d), that analyzes the effec-
tiveness of the biometric exit data system referred to 
in paragraph (1) at the ten international airports 
and ten international seaports described in para-
graph (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 
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biometric exit data system referred to in sub-
section (a)(2) on non-pedestrian outbound traf-
fic 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 pro-
gram may include a consideration of more than 
one biometric mode, and shall be implemented 
to determine the following: 
(i) The feasibility of implementing bi-
ometric 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 traf-
fic. 
(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 sub-
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paragraph 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 Representa-
tives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a re-
view 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 re-
sults of the determinations under subparagraph 
(A), submit to the Committee on Homeland Se-
curity of the House of Representatives and the 
Committee on Homeland Security and Govern-
mental Affairs of the Senate a plan to imple-
ment a biometric exit data system at all land 
ports of entry for non-pedestrian outbound traf-
fic. 
(2) AT LAND PORTS OF ENTRY FOR PEDES-
TRIANS.—Not later than three years after the date 
of the enactment of this Act, the Secretary of Home-
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land 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 TRANSPOR-
TATION.—The Secretary of Homeland Security, in con-
sultation 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 trans-
portation. 
(d) DETERMINATION.—In making the analysis re-
quired under subsection (a)(3), the Secretary of Homeland 
Security shall consider the effects of the collection of bio-
metric 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 transpor-
tation. 
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(e) 
TERMINATION
OF
PROCEEDING.—Notwith-
standing 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 estab-
lished 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 Home-
land 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. 
Æ 
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