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Title IV — Securing the ports of entry

H.R. 2872 · 113th Congress · Jul 31, 2013 · Lineage

IV Securing the ports of entry

Sec. 401 Biometric exit data system

(a)
Establishment—
(1)
Exit data system— Not later than December 31, 2015, the Secretary of Homeland Security shall establish a mandatory exit data system that includes the collection of data from machine-readable visas, passports, and other travel and entry documents for all categories of aliens who are exiting from air and sea ports of entry.
(2)
Biometric exit data system— Not later than two years after the date of the enactment of this Act, the Secretary of Homeland Security, in accordance with subsection (b) and in consultation with nongovernmental organizations, academic experts, and appropriate stakeholders representing the aviation and transportation industries, shall establish a mandatory biometric exit data system at the ten United States airports that support the highest volume of international air travel, as determined by Department of Transportation international flight departure data.
(3)
Study and report— Not later than three years after the establishment of the mandatory biometric exit data system under paragraph (2), the Secretary of Homeland Security shall conduct a study of the effectiveness of such system at the ten airports referred to in such paragraph and submit to the appropriate congressional committees a report on the results of such study.
(4)
Expansion of biometric exit data system— Not later than four years after the establishment of the mandatory biometric exit data system under paragraph (2), the Secretary of Homeland Security shall—
(A)
establish such system at the Core 30 international airports in the United States, as designated by the Federal Aviation Administration; and
(B)
submit to the appropriate congressional committee a plan for the establishment of such system at major sea and land ports of entry based upon—
(i)
the performance of such system at the ten airports referred to in such paragraph; and
(ii)
the findings of the study conducted pursuant to paragraph (3).
(b)
Requirements for biometric exit data system— The mandatory biometric exit data system established under subsection (a)(2) shall—
(1)
recognize the advantages of being able to confirm an individual’s identity, and potentially such individual’s threat level, upon initial interaction at ports of entry;
(2)
leverage existing and proven biometric technologies utilized within the Department of Homeland Security;
(3)
capitalize on lessons learned from the Department of Defense use of biometric technologies in Iraq and Afghanistan;
(4)
integrate with existing biometric databases across the Federal Government;
(5)
assess the role of biometric technologies in the Department of Homeland Security’s risk-based security model; and
(6)
assess operational and funding requirements of Department of Homeland Security components, specifically U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement.

Sec. 402 NEXUS, SENTRI, and FAST assessment

The Comptroller General of the United States shall submit to the appropriate congressional committees a study of registered traveler programs that—
(1)
evaluates existing screening procedures to focus on security risks and creating clear guidelines for program participation;
(2)
identifies any vulnerabilities in such procedures and making recommendations to rectify such vulnerabilities; and
(3)
assesses the feasibility of expanding such registered traveler programs to additional ports of entry or additional lanes at ports of entry where such programs are currently in operation, provided that any existing vulnerabilities are addressed.

Sec. 403 Electronic device search and seizure standards at ports of entry

(a)
Rule with respect to border security searches of electronic devices—
(1)
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, in coordination with the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement and the senior official appointed pursuant to section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142), shall issue a rule with respect to the scope of and procedural and recordkeeping requirements associated with border security searches of electronic devices.
(2)
Content— The rule issued pursuant to paragraph (1) shall include the following:
(A)
A requirement that information collected during a border security search of an electronic device that is determined to be commercial information, including trade secrets, information subject to attorney-client privilege, information subject to doctor-patient privilege, or information subject to another privilege or protection shall be handled in accordance with the laws, rules, and regulations governing such information and shall not be shared with a Federal, State, local, tribal, territorial, or foreign agency unless it is determined that such agency has the mechanisms in place to comply with such laws, rules, and regulations.
(B)
A requirement that authorized agents, to the greatest extent practicable, conduct all border security searches of electronic devices in the presence of a supervisor and, where appropriate, in the presence of the individuals whose electronic devices are subject to such searches.
(C)
A determination of the number of days that an electronic device subjected to a border security search or the information collected from such device may be retained, unless probable cause exists, that prohibits retention exceeding the period necessary to translate, decrypt, or reasonably search such device or information and that requires such information to be destroyed if in the custody of an authorized agent after such number of days.
(D)
A requirement that if information collected from an electronic device subjected to a border security search is copied, shared, retained, or entered into an electronic database, the individual from whose electronic device such information is collected shall receive written notification of such copying, sharing, retention, or entry unless such notification would hinder an investigation involving national security or would meet another criteria established by the Secretary of Homeland Security in the rule.
(E)
A requirement that an individual subjected to a border security search of an electronic device shall receive a receipt for such device if such device is removed from the possession of such individual.
(F)
A requirement that an individual subjected to a border security search of an electronic device shall receive notice of how to report abuses or concerns and how to seek redress from the Department of Homeland Security.
(G)
A requirement that information on the rights of individuals with respect to border security searches and Department of Homeland Security redress procedures shall be posted at all ports of entry in locations that are likely to be viewed by individuals subject to border security searches.
(H)
A privacy impact assessment of the rule, as prepared by the senior official appointed pursuant to section 222 of the Homeland Security Act of 2002, that includes recommendations with respect to the copying, sharing, retention, and entry into an electronic database of personally identifiable information collected from electronic devices subjected to a border security search.
(I)
A civil liberties impact assessment of the rule, as prepared by the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security.
(b)
Training and auditing with respect to the rule—
(1)
Training— The Secretary of Homeland Security shall provide each authorized agent with appropriate training to conduct border security searches of electronic devices in accordance with the rule issued pursuant to subsection (a). The training shall include instruction on constitutional, privacy, civil rights, and civil liberties issues related to such searches.
(2)
Auditing— The Secretary of Homeland Security, acting through the Inspector General of the Department of Homeland Security, shall develop and annually administer an auditing mechanism to review whether authorized agents are conducting border security searches of electronic devices in accordance with the rule issued pursuant to subsection (a).
(c)
Report— Not later than 90 days after the effective date of the rule issued pursuant to subsection (a) and quarterly thereafter, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report that includes the following:
(1)
A description of the activities of authorized agents with respect to border security searches of electronic devices.
(2)
A description of the manner in which the Department of Homeland Security has complied with the requirements of this section.
(3)
The number, by port of entry, of border security searches of electronic devices conducted during the reporting period.
(4)
The number, by port of entry, of instances during the reporting period that information from an electronic device subjected to a border security search was retained, copied, shared, or entered in an electronic database, including the number of electronic devices retained as the result of any such border security search.
(5)
The race, ethnicity, national origin, and citizenship of each individual whose electronic device was subjected to a border security search during the reporting period, to determine the existence or absence of racial profiling.
(6)
The number of instances during the reporting period that information collected from an electronic device subjected to a border security search was referred to a law enforcement or intelligence agency for further action, including whether such information resulted in a prosecution or conviction.
(d)
Definitions— In this section:
(1)
Authorized agent— The term authorized agent means an agent, officer, or official of United States Customs and Border Protection, United States Immigration and Customs Enforcement, or any other office or agency of the Department of Homeland Security who is authorized to conduct a border security search.
(2)
Border security search— The term border security search means a search by an authorized agent of persons, baggage, or cargo entering, departing, or passing through the United States through any port of entry.
(3)
Electronic device— The term electronic device means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, such as a computer, a cellular telephone, or any other device used for electronic communication or for storing electronic, digital or analog data, and which includes any data storage facility or communications facility directly related to or operating in conjunction with such device.
(4)
Secretary— The term Secretary means the Secretary of Homeland Security.