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DHS/OS RIN: 1601-AA34 Publication ID: Fall 2008 
Title: Collection of Alien Biometric Data Upon Exit from the United States at Air and Sea Ports of Departure; United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) 
Abstract: DHS established the United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) in accordance with a series of legislative mandates requiring that DHS create an integrated automated entry-exit system that records the arrival and departure of aliens; verifies aliensÂ’ identities; and authenticates travel documents. On January 5, 2004, DHS published an Interim Final Rule in the Federal Register at 69 FR 468 authorizing the Secretary of Homeland Security to require, in part, certain aliens to provide fingerprints, photograph[s], or other biometric identifiers, documentation of immigration status in the United States, and other such evidence as may be required to determine the alienÂ’s identity and whether he or she has properly maintained immigration status while in the United States at the time of departure from the United States. The Interim Rule authorized the establishment of pilot programs at up to fifteen air and sea ports of entry to evaluate the implementation of this departure procedure. That evaluation pilot has been completed and this rule establishes procedures for collection of biometrics from aliens departing the United States from air or sea ports. This rule removes the limit on the collection of this information from the 15 locations of the pilot programs and authorizes implementation at all air and sea ports of entry. This rule requires aliens to provide biometric identifiers at entry to provide biometric identifiers upon departure at any air and sea port of entry at which facilities exist to collect such information. 
Agency: Department of Homeland Security(DHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: Private Sector 
CFR Citation: 8 CFR 215.1    8 CFR 231.4   
Legal Authority: 8 USC 1101 to 1104    8 USC 1182    8 USC 1184 to 1185 (pursuant to EO 13323)    8 USC 1221    8 USC 1365a, 1365b    8 USC 1379    8 USC 1731 to 1732   
Legal Deadline:  None

Statement of Need: This rule establishes an exit system at all air and sea ports of departure in the United States. This rule requires aliens subject to United States Visitor and Immigrant Status Indicator Technology Program biometric requirements upon entering the United States to also provide biometric identifiers prior to departing the United States from air or sea ports of departure.

Anticipated Costs and Benefits: Economic analysis under development.

Timetable:
Action Date FR Cite
NPRM  04/24/2008  73 FR 22065   
NPRM Comment Period End  06/23/2008    
Other/Final Rule  04/00/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Related RINs: Previously reported as 1650-AA04 
Agency Contact:
Helen DeThomas
Management and Program Analyst
Department of Homeland Security
1616 N. Fort Myer Drive,
Arlington, VA 22203
Phone:202 298-5173
Email: helen.dethomas@dhs.gov