border apprehensions (a) In general The Commissioner of U.S. Customs and Border Protection shall ensure that an individual who is apprehended unlawfully crossing or attempting to unlawfully cross the border into the United States is counted only once for purposes of counting border apprehensions. (b) Prohibition on duplicate counting Any subsequent transfer or booking of an individual described in subsection (a) may not be counted again for purposes of counting border apprehensions. 10. Biometric Entry and Exit data system (a) In general Not later than two years after the date of enactment of this Act, the Secretary of Homeland Security shall establish the biometric entry and exit data system required by section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 8 U.S.C. 1365b ). (b) Requirements In addition to the features required by such section 7208, the Secretary shall ensure that the biometric entry and exit data system is established and in operation at each port of entry to the United States. 11. Definition In this Act, the term operational control means a condition in which all illegal border crossers are apprehended and narcotics and other contraband are seized.