§1365b Biometric Entry and Exit Data System

Summary

Requires the Secretary of Homeland Security to finish a biometric entry-and-exit system fast to help stop terrorists from entering the United States. The “entry and exit data system” means the system called for by several immigration laws, including the Illegal Immigration Reform and Immigrant Responsibility Act of 1996; the INS Data Management Improvement Act of 2000; the Visa Waiver Permanent Program Act; the Enhanced Border Security and Visa Entry Reform Act of 2002; and the USA PATRIOT Act of 2001. The Secretary must make a plan and send Congress a report no later than 180 days after December 17, 2004. That report must say what the system can do now (including which ports and offices use biometric entry or exit checks and what systems it talks to), list problems and fixes, give the earliest date full implementation can be finished, describe actions, resources, and authorities needed to meet that date, note needed IT and interoperability improvements, and explain how the US‑VISIT program meets the system’s goals. The law also requires biometric exit data to be collected for everyone who was required to give biometric entry data, no matter where they entered. The Secretary must fully integrate all immigration databases across DHS, the Department of Justice’s Executive Office for Immigration Review, and the State Department’s Bureau of Consular Affairs within 2 years after December 17, 2004, and make that integrated system an interoperable part of the entry-and-exit system. The Secretary must also put in place an interoperable electronic system within that same 2-year period so federal law enforcement and intelligence databases can be accessed for visa or admissibility decisions. The law requires rules, audits, and staff training to keep data accurate and secure; standard formats and collection procedures across agencies; ways for people to correct and appeal data; limits on who may enter data; and a DHS clearinghouse with timelines to handle correction requests. The system must track immigration benefits, use a biometric ID number, allow electronic queries and real-time updates from all relevant agencies, and include strong safeguards and counterterrorism training for staff. Agencies must report their compliance within 1 year after December 17, 2004. The Secretary must also set up an international registered traveler program using biometrics and e-passports, may charge fees that do not exceed program costs, must start rulemaking within 365 days after December 26, 2007, and begin phased implementation within 2 years after December 26, 2007 at the busiest airports. Funds needed to carry out this section are authorized for fiscal years 2005 through 2009.