SEC. 111. BIOMETRIC ENTRY-EXIT SYSTEM. (a) Collection of Biometric Data From Aliens Entering and Departing the United States "Section 215 (8 U.S.C. 1185) is amended"
(1) by redesignating subsection (c) as subsection (g);
(2) by moving subsection (g), as redesignated by paragraph (1), to the end; and
(3) by inserting after subsection (b) the following:"(c) The Secretary is authorized to require aliens entering and departing the United States to provide biometric data and other information relating to their immigration status.".
(b) Inspection of Applicants for Admission"Section 235(d) (8 U.S.C. 1225(d)) is amended by adding at the end the following:"(5) AUTHORITY TO COLLECT BIOMETRIC DATA"In conducting inspections under subsections (a) and (b), immigration officers are authorized to collect biometric data from""(A) any applicant for admission or any alien who is paroled under section 212(d)(5), seeking to or permitted to land temporarily as an alien crewman, or seeking to or permitted transit through the United States; or"(B) any lawful permanent resident who is entering the United States and who is not regarded as seeking admission pursuant to section 101(a)(13)(C).".
(c) Collection of Biometric Data From Alien Crewmen"Section 252 (8 U.S.C. 1282) is amended by adding at the end the following:"(d) An immigration officer is authorized to collect biometric data from an alien crewman seeking permission to land temporarily in the United States.".
(d) Grounds of Inadmissibility"Section 212 (8 U.S.C. 1182) is amended"
(1) in subsection (a)(7), by adding at the end the following:"(C) WITHHOLDERS OF BIOMETRIC DATA"Any alien who fails or has failed to comply with a lawful request for biometric data under section 215(c), 235(d), or 252(d) is inadmissible."; and
(2) in subsection (d), by inserting after paragraph (1) the following:"(2) The Secretary may waive the application of subsection (a)(7)(C) for an individual alien or class of aliens.".
(e) Implementation."Section 7208 of the 9/11 Commission Implementation Act of 2004 (8 U.S.C. 1365b) is amended"
(1) in subsection (c), by adding at the end the following:"(3) IMPLEMENTATION."In fully implementing the automated biometric entry and exit data system under this section, the Secretary is not required to comply with the requirements of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act) or any other law relating to rulemaking, information collection, or publication in the Federal Register."; and
(2) in subsection (l)"
(A) by striking "There are authorized" and inserting the following:"(1) IN GENERAL"There are authorized"; and
(B) by adding at the end the following:"(2) IMPLEMENTATION AT ALL LAND BORDER PORTS OF ENTRY"There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 and 2009 to implement the automated biometric entry and exit data system at all land border ports of entry.".
