§ 1365b. Biometric entry and exit data system
(a)
Finding
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress finds that completing a biometric entry and exit data system as expeditiously as possible is an essential investment in efforts to protect the United States by preventing the entry of terrorists.
(b)
Definition
In this section, the term “entry and exit data system” means the entry and exit system required by applicable sections of—
(2)
the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106–205) [1] ;
(c)
Plan and report
(1)
Development of plan
The Secretary of Homeland Security shall develop a plan to accelerate the full implementation of an automated biometric entry and exit data system.
(2)
Report
Not later than 180 days after December 17, 2004, the Secretary shall submit a report to Congress on the plan developed under paragraph (1), which shall contain—
(A)
a description of the current functionality of the entry and exit data system, including—
(i)
a listing of ports of entry and other Department of Homeland Security and Department of State locations with biometric entry data systems in use and whether such screening systems are located at primary or secondary inspection areas;
(ii)
a listing of ports of entry and other Department of Homeland Security and Department of State locations with biometric exit data systems in use;
(iii)
a listing of databases and data systems with which the entry and exit data system are interoperable;
(B)
a description of factors relevant to the accelerated implementation of the biometric entry and exit data system, including—
(i)
the earliest date on which the Secretary estimates that full implementation of the biometric entry and exit data system can be completed;
(C)
a description of any improvements needed in the information technology employed for the biometric entry and exit data system;
(d)
Collection of biometric exit data
The entry and exit data system shall include a requirement for the collection of biometric exit data for all categories of individuals who are required to provide biometric entry data, regardless of the port of entry where such categories of individuals entered the United States.
(e)
Integration and interoperability
(1)
Integration of data system
Not later than 2 years after December 17, 2004, the Secretary shall fully integrate all databases and data systems that process or contain information on aliens, which are maintained by—
(2)
Interoperable component
The fully integrated data system under paragraph (1) shall be an interoperable component of the entry and exit data system.
(3)
Interoperable data system
Not later than 2 years after December 17, 2004, the Secretary shall fully implement an interoperable electronic data system, as required by section 202 of the Enhanced Border Security and Visa Entry Reform Act [2] (8 U.S.C. 1722) to provide current and immediate access to information in the databases of Federal law enforcement agencies and the intelligence community that is relevant to determine—
(f)
Maintaining accuracy and integrity of entry and exit data system
(1)
Policies and procedures
(A)
Establishment
The Secretary of Homeland Security shall establish rules, guidelines, policies, and operating and auditing procedures for collecting, removing, and updating data maintained in, and adding information to, the entry and exit data system that ensure the accuracy and integrity of the data.
(2)
Data collected from foreign nationals
The Secretary of Homeland Security, the Secretary of State, and the Attorney General, after consultation with directors of the relevant intelligence agencies, shall standardize the information and data collected from foreign nationals, and the procedures utilized to collect such data, to ensure that the information is consistent and valuable to officials accessing that data across multiple agencies.
(3)
Data maintenance procedures
Heads of agencies that have databases or data systems linked to the entry and exit data system shall establish rules, guidelines, policies, and operating and auditing procedures for collecting, removing, and updating data maintained in, and adding information to, such databases or data systems that ensure the accuracy and integrity of the data and for limiting access to the information in the databases or data systems to authorized personnel.
(4)
Requirements
The rules, guidelines, policies, and procedures established under this subsection shall—
(A)
incorporate a simple and timely method for—
(5)
Centralizing and streamlining correction process
(A)
In general
The President, or agency director designated by the President, shall establish a clearinghouse bureau in the Department of Homeland Security, to centralize and streamline the process through which members of the public can seek corrections to erroneous or inaccurate information contained in agency databases, which is related to immigration status, or which otherwise impedes lawful admission to the United States.
(g)
Integrated biometric entry-exit screening system
The biometric entry and exit data system shall facilitate efficient immigration benefits processing by—
(1)
ensuring that the system’s tracking capabilities encompass data related to all immigration benefits processing, including—
(2)
utilizing a biometric based identity number tied to an applicant’s biometric algorithm established under the entry and exit data system to track all immigration related matters concerning the applicant;
(3)
providing that—
(h)
Entry-exit system goals
The Department of Homeland Security shall operate the biometric entry and exit system so that it—
(4)
ensures flexibility of training and security protocols to most effectively comply with security mandates;
(i)
Dedicated specialists and front line personnel training
In implementing the provisions of subsections (g) and (h) of this section, the Department of Homeland Security and the Department of State shall—
(1)
develop cross-training programs that focus on the scope and procedures of the entry and exit data system;
(2)
provide extensive community outreach and education on the entry and exit data system’s procedures;
(j)
Compliance status reports
Not later than 1 year after December 17, 2004, the Secretary of Homeland Security, the Secretary of State, the Attorney General, and the head of any other department or agency subject to the requirements of this section, shall issue individual status reports and a joint status report detailing the compliance of the department or agency with each requirement under this section.
(k)
Expediting registered travelers across international borders
(1)
Findings
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(2)
Definition
In this subsection, the term “registered traveler program” means any program designed to expedite the travel of previously screened and known travelers across the borders of the United States.
(3)
International registered traveler program
(A)
In general
The Secretary of Homeland Security shall establish an international registered traveler program that incorporates available technologies, such as biometrics and e-passports, and security threat assessments to expedite the screening and processing of international travelers, including United States Citizens and residents, who enter and exit the United States. The program shall be coordinated with the United States Visitor and Immigrant Status Indicator Technology program, other pre-screening initiatives, and the Visa Waiver Program.
(B)
Fees
The Secretary may impose a fee for the program established under subparagraph (A) and may modify such fee from time to time. The fee may not exceed the aggregate costs associated with the program and shall be credited to the Department of Homeland Security for purposes of carrying out the program. Amounts so credited shall remain available until expended.
(C)
Rulemaking
Within 365 days after December 26, 2007, the Secretary shall initiate a rulemaking to establish the program, criteria for participation, and the fee for the program.
(D)
Implementation
Not later than 2 years after December 26, 2007, the Secretary shall establish a phased-implementation of a biometric-based international registered traveler program in conjunction with the United States Visitor and Immigrant Status Indicator Technology entry and exit system, other pre-screening initiatives, and the Visa Waiver Program at United States airports with the highest volume of international travelers.
(l)
Authorization of appropriations
There are authorized to be appropriated to the Secretary, for each of the fiscal years 2005 through 2009, such sums as may be necessary to carry out the provisions of this section.
[1] So in original. Probably should be “(Public Law 106–215)”.
[2] So in original. Probably should be followed by “of 2002”.