8 U.S.C. § 1365b : US Code - Section 1365B: Biometric entry and exit data system

Search 8 U.S.C. § 1365b : US Code - Section 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 - 
(1) the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (Public Law 104-208);
(2) the Immigration and Naturalization Service Data Management
Improvement Act of 2000 (Public Law 106-205) (!1) ;
(3) the Visa Waiver Permanent Program Act (Public Law 106-396);
(4) the Enhanced Border Security and Visa Entry Reform Act of
2002 (Public Law 107-173) [8 U.S.C. 1701 et seq]; and
(5) the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 (Public Law 107-56).
(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;
(iv) a description of - 
(I) identified deficiencies concerning the accuracy or
integrity of the information contained in the entry and
exit data system;
(II) identified deficiencies concerning technology
associated with processing individuals through the system;
and
(III) programs or policies planned or implemented to
correct problems identified in subclause (I) or (II); and
(v) an assessment of the effectiveness of the entry and
exit data system in fulfilling its intended purposes,
including preventing terrorists from entering the United
States;
(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;
(ii) the actions the Secretary will take to accelerate the
full implementation of the biometric entry and exit data
system at all ports of entry through which all aliens must
pass that are legally required to do so; and
(iii) the resources and authorities required to enable the
Secretary to meet the implementation date described in clause
(i);
(C) a description of any improvements needed in the
information technology employed for the biometric entry and
exit data system;
(D) a description of plans for improved or added
interoperability with any other databases or data systems; and
(E) a description of the manner in which the Department of
Homeland Security's US-VISIT program - 
(i) meets the goals of a comprehensive entry and exit
screening system, including both entry and exit biometric;
and
(ii) fulfills the statutory obligations under subsection
(b) of this section.
(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 - 
(A) the Department of Homeland Security, at - 
(i) the United States Immigration and Customs Enforcement;
(ii) the United States Customs and Border Protection; and
(iii) the United States Citizenship and Immigration
Services;
(B) the Department of Justice, at the Executive Office for
Immigration Review; and
(C) the Department of State, at the Bureau of Consular
Affairs.
(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 - 
(A) whether to issue a visa; or
(B) the admissibility or deportability of an alien.
(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.
(B) Training
The Secretary shall develop training on the rules,
guidelines, policies, and procedures established under
subparagraph (A), and on immigration law and procedure. All
personnel authorized to access information maintained in the
databases and data system shall receive such training.
(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 - 
(i) correcting errors in a timely and effective manner;
(ii) determining which government officer provided data so
that the accuracy of the data can be ascertained; and
(iii) clarifying information known to cause false hits or
misidentification errors;
(B) include procedures for individuals to - 
(i) seek corrections of data contained in the databases or
data systems; and
(ii) appeal decisions concerning data contained in the
databases or data systems;
(C) strictly limit the agency personnel authorized to enter
data into the system;
(D) identify classes of information to be designated as
temporary or permanent entries, with corresponding expiration
dates for temporary entries; and
(E) identify classes of prejudicial information requiring
additional authority of supervisory personnel before entry.
(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.
(B) Time schedules
The process described in subparagraph (A) shall include
specific time schedules for reviewing data correction requests,
rendering decisions on such requests, and implementing
appropriate corrective action in a timely manner.
(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 - 
(A) visa applications with the Department of State;
(B) immigration related filings with the Department of Labor;
(C) cases pending before the Executive Office for Immigration
Review; and
(D) matters pending or under investigation before the
Department of Homeland Security;
(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 - 
(A) all information about an applicant's immigration related
history, including entry and exit history, can be queried
through electronic means; and
(B) database access and usage guidelines include stringent
safeguards to prevent misuse of data;
(4) providing real-time updates to the information described in
paragraph (3)(A), including pertinent data from all agencies
referred to in paragraph (1); and
(5) providing continuing education in counterterrorism
techniques, tools, and methods for all Federal personnel employed
in the evaluation of immigration documents and immigration-
related policy.
(h) Entry-exit system goals
The Department of Homeland Security shall operate the biometric
entry and exit system so that it - 
(1) serves as a vital counterterrorism tool;
(2) screens travelers efficiently and in a welcoming manner;
(3) provides inspectors and related personnel with adequate
real-time information;
(4) ensures flexibility of training and security protocols to
most effectively comply with security mandates;
(5) integrates relevant databases and plans for database
modifications to address volume increase and database usage; and
(6) improves database search capacities by utilizing language
algorithms to detect alternate names.
(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;
(3) provide clear and consistent eligibility guidelines for
applicants in low-risk traveler programs; and
(4) establish ongoing training modules on immigration law to
improve adjudications at our ports of entry, consulates, and
embassies.
(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:
(A) Expediting the travel of previously screened and known
travelers across the borders of the United States should be a
high priority.
(B) The process of expediting known travelers across the
borders of the United States can permit inspectors to better
focus on identifying terrorists attempting to enter the United
States.
(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) Registered travel program
(A) In general
As soon as is practicable, the Secretary shall develop and
implement a registered traveler program to expedite the
processing of registered travelers who enter and exit the
United States.
(B) Participation
The registered traveler program shall include as many
participants as practicable by - 
(i) minimizing the cost of enrollment;
(ii) making program enrollment convenient and easily
accessible; and
(iii) providing applicants with clear and consistent
eligibility guidelines.
(C) Integration
The registered traveler program shall be integrated into the
automated biometric entry and exit data system described in
this section.
(D) Review and evaluation
In developing the registered traveler program, the Secretary
shall - 
(i) review existing programs or pilot projects designed to
expedite the travel of registered travelers across the
borders of the United States;
(ii) evaluate the effectiveness of the programs described
in clause (i), the costs associated with such programs, and
the costs to travelers to join such programs;
(iii) increase research and development efforts to
accelerate the development and implementation of a single
registered traveler program; and
(iv) review the feasibility of allowing participants to
enroll in the registered traveler program at consular
offices.
(4) Report
Not later than 1 year after December 17, 2004, the Secretary
shall submit to Congress a report describing the Department's
progress on the development and implementation of the registered
traveler program.
(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.