8 U.S.C. § 1365b — Biometric entry and exit data system

(a) Congress finds, consistent with the cited National Commission report, that completing a biometric entry-and-exit system as quickly as possible is an essential investment in protecting the United States by preventing terrorists from entering. (b) “Entry and exit data system” means the entry-and-exit system required by applicable provisions of: (1) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996; (2) the Immigration and Naturalization Service Data Management Improvement Act of 2000; (3) the Visa Waiver Permanent Program Act; (4) the Enhanced Border Security and Visa Entry Reform Act of 2002; and (5) the USA PATRIOT Act of 2001. (c)(1) The Secretary of Homeland Security must develop a plan to speed full implementation of an automated biometric system. (2) Within 180 days after December 17, 2004, the Secretary must report to Congress on the plan. The report must describe: (A) current system functions, including (i) locations with biometric entry systems and whether they are at primary or secondary inspection, (ii) locations with biometric exit systems, (iii) databases and systems with which it interoperates, (iv) identified accuracy, data-integrity, and processing-technology problems and programs or policies to fix them, and (v) how effectively it serves its purposes, including preventing terrorist entry; (B) implementation factors, including (i) the earliest estimated completion date, (ii) actions to speed full implementation at all legally required ports of entry, and (iii) resources and authority needed to meet that date; (C) needed information-technology improvements; (D) plans for better or additional interoperability; and (E) how the Department of Homeland Security’s US-VISIT program (i) meets the goals of a complete entry-and-exit screening system, including both entry and exit biometrics, and (ii) meets the legal duties listed in subsection (b). (d) The system must require biometric exit data for every category of person required to provide biometric entry data, regardless of the port through which that person entered. (e)(1) Within two years after December 17, 2004, the Secretary must fully integrate all databases and systems processing or containing alien information maintained by Homeland Security at Immigration and Customs Enforcement, Customs and Border Protection, and Citizenship and Immigration Services; by Justice at the Executive Office for Immigration Review; and by State at the Bureau of Consular Affairs. (2) The integrated system must interoperate with the entry-and-exit system. (3) Within the same two-year period, the Secretary must fully implement the interoperable electronic system required by section 202 of the Enhanced Border Security and Visa Entry Reform Act, giving current and immediate access to relevant Federal law-enforcement and intelligence-community databases to decide whether to issue a visa and whether an alien is admissible or deportable. (f)(1)(A) The Secretary must establish rules, guidelines, policies, and operating and audit procedures for collecting, removing, updating, and adding system data that ensure accuracy and integrity. (B) The Secretary must train all personnel authorized to access the databases and system on those rules and on immigration law and procedure. (2) After consulting relevant intelligence-agency directors, the Secretaries of Homeland Security and State and the Attorney General must standardize information collected from foreign nationals and collection procedures so it is consistent and useful across agencies. (3) Agencies with linked databases must establish comparable data-maintenance and access procedures that protect accuracy, integrity, and authorized access. (4) Those procedures must: (A) provide a simple, timely way to correct errors, identify the government officer who supplied data, and clarify information known to cause false matches or misidentifications; (B) let people seek corrections and appeal decisions; (C) strictly limit agency personnel allowed to enter data; (D) identify temporary and permanent information classes and expiration dates for temporary entries; and (E) identify prejudicial information classes requiring added supervisory authority before entry. (5)(A) The President, or a designated agency director, must establish a Homeland Security clearinghouse bureau to centralize and simplify public requests to correct erroneous or inaccurate agency information related to immigration status or otherwise blocking lawful admission. (B) The process must set specific schedules for reviewing requests, deciding them, and carrying out corrections. (g) The biometric system must support efficient immigration-benefit processing by: (1) tracking data for all such processing, including State visa applications, Labor immigration filings, cases before the Executive Office for Immigration Review, and Homeland Security matters pending or under investigation; (2) using a biometric identity number tied to the applicant’s biometric algorithm to track all immigration matters about that applicant; (3) allowing electronic searches of all immigration history, including entry and exit history, with strict safeguards against misuse; (4) providing real-time updates from all agencies listed in paragraph (1); and (5) giving continuing counterterrorism education to Federal personnel evaluating immigration documents and immigration policy. (h) Homeland Security must operate the system so it is a vital counterterrorism tool; screens travelers efficiently and welcomingly; gives inspectors adequate real-time information; keeps training and security protocols flexible enough to meet security mandates effectively; integrates relevant databases and plans modifications for increased volume and use; and improves searches through language algorithms that detect alternate names. (i) Homeland Security and State must, in implementing subsections (g) and (h), develop cross-training on system scope and procedures; provide extensive community outreach and education; give clear, consistent eligibility rules for low-risk traveler programs; and provide ongoing immigration-law training to improve decisions at ports, consulates, and embassies. (j) Within one year after December 17, 2004, the Secretaries of Homeland Security and State, the Attorney General, and each other covered agency head must issue individual and joint status reports detailing compliance with every requirement here. (k)(1) Congress finds that quickly moving previously screened, known travelers across United States borders should be a high priority and can let inspectors focus more on terrorists trying to enter. (2) “Registered traveler program” means a program designed to speed travel by previously screened, known travelers across United States borders. (3)(A) Homeland Security must establish an international registered-traveler program using available technology, such as biometrics and e-passports, and threat assessments to speed screening and processing of international travelers, including United States citizens and residents, entering and leaving the country. It must coordinate with US-VISIT, other prescreening efforts, and the Visa Waiver Program. (B) The Secretary may charge and change a fee, but it may not exceed program costs; the money goes to Homeland Security for the program and remains available until spent. (C) Within 365 days after December 26, 2007, the Secretary must begin rulemaking for the program, participation criteria, and fee. (D) Within two years after that date, the Secretary must establish phased implementation at United States airports with the most international travelers, coordinated with the listed systems and programs. (E) The Secretary must seek as many participants as practicable by setting a reasonable enrollment cost, making enrollment convenient and accessible, and giving clear, consistent eligibility rules. (4) Within one year after December 17, 2004, the Secretary must report to Congress on the Department’s progress developing and implementing the registered-traveler program. (l) Congress authorizes whatever amounts are needed for the Secretary to carry out this section in fiscal years 2005 through 2009.