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

Page 453 TITLE 8—ALIENS AND NATIONALITY § 1365b 1 So in original. Probably should be ‘‘(Public Law 106–215)’’. ployment and termination of an executive director shall be subject to confirmation by a majority of the members of the Task Force. ‘‘(2) COMPENSATION.—The executive director shall be compensated at a rate not to exceed the rate pay- able for level V of the Executive Schedule under sec- tion 5316 of title 5, United States Code. The Attorney General may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and Gen- eral Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ‘‘(3) DETAIL OF GOVERNMENT EMPLOYEES.—Any Fed- eral Government employee, with the approval of the head of the appropriate Federal agency, may be de- tailed to the Task Force without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privilege. ‘‘(4) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Attorney General may procure tem- porary and intermittent services for the Task Force under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equiva- lent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. ‘‘(5) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of the Attorney General, the Administrator of General Services shall provide to the Task Force, on a reimbursable basis, the administrative support services necessary for the Task Force to carry out its responsibilities under this section. ‘‘(e) HEARINGS AND SESSIONS.—The Task Force may, for the purpose of carrying out this section, hold hear- ings, sit and act at times and places, take testimony, and receive evidence as the Task Force considers ap- propriate. ‘‘(f) OBTAINING OFFICIAL DATA.—The Task Force may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Attorney General, the head of that department or agency shall furnish that information to the Task Force. ‘‘(g) REPORTS.— ‘‘(1) DEADLINE.—Not later than December 31, 2002, and not later than December 31 of each year there- after in which the Task Force is in existence, the At- torney General shall submit a report to the Commit- tees on the Judiciary of the House of Representatives and of the Senate containing the findings, conclu- sions, and recommendations of the Task Force. Each report shall also measure and evaluate how much progress the Task Force has made, how much work remains, how long the remaining work will take to complete, and the cost of completing the remaining work. ‘‘(2) DELEGATION.—The Attorney General may dele- gate to the Commissioner, Immigration and Natu- ralization Service, the responsibility for preparing and transmitting any such report. ‘‘(h) LEGISLATIVE RECOMMENDATIONS.— ‘‘(1) IN GENERAL.—The Attorney General shall make such legislative recommendations as the Attorney General deems appropriate— ‘‘(A) to implement the recommendations of the Task Force; and ‘‘(B) to obtain authorization for the appropriation of funds, the expenditure of receipts, or the re- programming of existing funds to implement such recommendations. ‘‘(2) DELEGATION.—The Attorney General may dele- gate to the Commissioner, Immigration and Natu- ralization Service, the responsibility for preparing and transmitting any such legislative recommenda- tions. ‘‘(i) TERMINATION.—The Task Force shall terminate on a date designated by the Attorney General as the date on which the work of the Task Force has been completed. ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2001 through 2003.’’ § 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 expedi- tiously as possible is an essential investment in efforts to protect the United States by pre- venting the entry of terrorists. (b) Definition In this section, the term ‘‘entry and exit data system’’ means the entry and exit system re- quired by applicable sections of— (1) the Illegal Immigration Reform and Im- migrant 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 PA- TRIOT 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 imple- mentation 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 para- graph (1), which shall contain— (A) a description of the current functionality of the entry and exit data sys- tem, including— (i) a listing of ports of entry and other Department of Homeland Security and De- partment of State locations with biomet- ric entry data systems in use and whether such screening systems are located at pri- mary or secondary inspection areas; (ii) a listing of ports of entry and other Department of Homeland Security and De- partment of State locations with biomet- ric exit data systems in use; (iii) a listing of databases and data sys- tems with which the entry and exit data system are interoperable; (iv) a description of— (I) identified deficiencies concerning the accuracy or integrity of the informa- tion contained in the entry and exit data system; Page 454 TITLE 8—ALIENS AND NATIONALITY § 1365b 2 So in original. Probably should be followed by ‘‘of 2002’’. (II) identified deficiencies concerning technology associated with processing individuals through the system; and (III) programs or policies planned or implemented to correct problems identi- fied 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 pre- venting 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 Sec- retary estimates that full implementation of the biometric entry and exit data sys- tem 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 re- quired to enable the Secretary to meet the implementation date described in clause (i); (C) a description of any improvements needed in the information technology em- ployed for the biometric entry and exit data system; (D) a description of plans for improved or added interoperability with any other data- bases 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). (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 re- quired to provide biometric entry data, regard- less 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 Bor- der Protection; and (iii) the United States Citizenship and Immigration Services; (B) the Department of Justice, at the Ex- ecutive 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 compo- nent 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 re- quired 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 op- erating and auditing procedures for col- lecting, removing, and updating data main- tained 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 proce- dures established under subparagraph (A), and on immigration law and procedure. All personnel authorized to access information maintained in the databases and data sys- tem 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 rel- evant intelligence agencies, shall standardize the information and data collected from for- eign nationals, and the procedures utilized to collect such data, to ensure that the informa- tion is consistent and valuable to officials ac- cessing 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, poli- cies, 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 data- bases or data systems to authorized personnel. (4) Requirements The rules, guidelines, policies, and proce- dures established under this subsection shall— (A) incorporate a simple and timely meth- od for— (i) correcting errors in a timely and ef- fective manner; Page 455 TITLE 8—ALIENS AND NATIONALITY § 1365b (ii) determining which government offi- cer provided data so that the accuracy of the data can be ascertained; and (iii) clarifying information known to cause false hits or misidentification er- rors; (B) include procedures for individuals to— (i) seek corrections of data contained in the databases or data systems; and (ii) appeal decisions concerning data con- tained in the databases or data systems; (C) strictly limit the agency personnel au- thorized to enter data into the system; (D) identify classes of information to be designated as temporary or permanent en- tries, with corresponding expiration dates for temporary entries; and (E) identify classes of prejudicial informa- tion requiring additional authority of super- visory personnel before entry. (5) Centralizing and streamlining correction process (A) In general The President, or agency director des- ignated by the President, shall establish a clearinghouse bureau in the Department of Homeland Security, to centralize and streamline the process through which mem- bers of the public can seek corrections to er- roneous or inaccurate information contained in agency databases, which is related to im- migration status, or which otherwise im- pedes lawful admission to the United States. (B) Time schedules The process described in subparagraph (A) shall include specific time schedules for re- viewing data correction requests, rendering decisions on such requests, and imple- menting appropriate corrective action in a timely manner. (g) Integrated biometric entry-exit screening sys- tem The biometric entry and exit data system shall facilitate efficient immigration benefits processing by— (1) ensuring that the system’s tracking capa- bilities encompass data related to all immi- gration 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 Of- fice for Immigration Review; and (D) matters pending or under investigation before the Department of Homeland Secu- rity; (2) utilizing a biometric based identity num- ber tied to an applicant’s biometric algorithm established under the entry and exit data sys- tem 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 mis- use of data; (4) providing real-time updates to the infor- mation described in paragraph (3)(A), includ- ing pertinent data from all agencies referred to in paragraph (1); and (5) providing continuing education in counterterrorism techniques, tools, and meth- ods for all Federal personnel employed in the evaluation of immigration documents and im- migration-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 wel- coming manner; (3) provides inspectors and related personnel with adequate real-time information; (4) ensures flexibility of training and secu- rity 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 alter- nate names. (i) Dedicated specialists and front line personnel training In implementing the provisions of subsections (g) and (h), the Department of Homeland Secu- rity 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 sys- tem’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 Sec- retary 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 re- port detailing the compliance of the department or agency with each requirement under this sec- tion. (k) Expediting registered travelers across inter- national 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 bor- ders of the United States should be a high priority. Page 456 TITLE 8—ALIENS AND NATIONALITY § 1366 (B) The process of expediting known trav- elers 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 de- signed to expedite the travel of previously screened and known travelers across the bor- ders of the United States. (3) International registered traveler program (A) In general The Secretary of Homeland Security shall establish an international registered trav- eler program that incorporates available technologies, such as biometrics and e-pass- ports, and security threat assessments to ex- pedite the screening and processing of inter- national travelers, including United States Citizens and residents, who enter and exit the United States. The program shall be co- ordinated with the United States Visitor and Immigrant Status Indicator Technology pro- gram, 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 Se- curity for purposes of carrying out the pro- gram. 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 participa- tion, 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 inter- national registered traveler program in con- junction 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 vol- ume of international travelers. (E) Participation The Secretary shall ensure that the inter- national registered traveler program in- cludes as many participants as practicable by— (i) establishing a reasonable cost of en- rollment; (ii) making program enrollment conven- ient and easily accessible; and (iii) providing applicants with clear and consistent eligibility guidelines. (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. (Pub. L. 108–458, title VII, § 7208, Dec. 17, 2004, 118 Stat. 3817; Pub. L. 110–161, div. E, title V, § 565, Dec. 26, 2007, 121 Stat. 2091.) Editorial Notes REFERENCES IN TEXT The Illegal Immigration Reform and Immigrant Re- sponsibility Act of 1996, referred to in subsec. (b)(1), is div. C of Pub. L. 104–208, Sept. 30, 1996, 110 Stat. 3009–546. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under sec- tion 1101 of this title and Tables. The Immigration and Naturalization Service Data Management Improvement Act of 2000, referred to in subsec. (b)(2), is Pub. L. 106–215, June 15, 2000, 114 Stat. 337, which amended section 1365a of this title and en- acted provisions set out as notes under sections 1101 and 1365a of this title. For complete classification of this Act to the Code, see Short Title of 2000 Amend- ment note set out under section 1101 of this title and Tables. The Visa Waiver Permanent Program Act, referred to in subsec. (b)(3), is Pub. L. 106–396, Oct. 30, 2000, 114 Stat. 1637. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 1101 of this title and Tables. The Enhanced Border Security and Visa Entry Re- form Act of 2002, referred to in subsec. (b)(4), is Pub. L. 107–173, May 14, 2002, 116 Stat. 543, which is classified principally to chapter 15 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables. The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, referred to in subsec. (b)(5), was Pub. L. 107–56, Oct. 26, 2001, 115 Stat. 272. Pub. L. 107–56 was renamed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or the USA PATRIOT Act by Pub. L. 109–177, title I, § 101(b), Mar. 9, 2006, 120 Stat. 194. For complete clas- sification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 1 of Title 18, Crimes and Criminal Procedure, and Tables. December 26, 2007, referred to in subsec. (k)(3)(C), (D), was in the original ‘‘the date of enactment of this para- graph’’ and was translated a meaning the date of enact- ment of Pub. L. 110–161, which amended subsec. (k)(3) of this section generally, to reflect the probable intent of Congress. CODIFICATION Section was enacted as part of the Intelligence Re- form and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Immigration and Nation- ality Act which comprises this chapter. AMENDMENTS 2007—Subsec. (k)(3). Pub. L. 110–161 amended heading and text of par. (3) generally. Prior to amendment, text related to development and implementation of a reg- istered traveler program. § 1366. Annual report on criminal aliens Not later than 12 months after September 30, 1996, and annually thereafter, the Attorney Gen-