[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7983 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7983
To amend the Immigration and Nationality Act to expand the requirements
for the collection of biometric data, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 8, 2022
Mr. Gooden of Texas (for himself, Mr. Jackson, Mr. Donalds, Mr. Weber
of Texas, Mr. Ellzey, Mrs. Miller of Illinois, Mr. Tiffany, Mr. Babin,
Mr. Buck, and Ms. Foxx) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Homeland Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to expand the requirements
for the collection of biometric data, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biometric Verification for Entry and
Reconfirming Identity with Forensics Act of 2022'' or the ``B-VERIFY
Act of 2022''.
SEC. 2. COLLECTION OF BIOMETRIC INFORMATION FOR IMMIGRATION BENEFITS.
(a) In General.--Title I of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended by inserting after section 106 the
following:
``SEC. 107. COLLECTION OF BIOMETRIC INFORMATION.
``(a) Requirement for Immigration Benefits.--Each individual,
whether an alien (including a VAWA self-petitioner and an alien
admitted or seeking admission under section 101(a)(15)(T)) or a
national of the United States, who files or is the proposed beneficiary
of an application or petition for an immigration benefit, shall provide
biometric information to the Secretary of Homeland Security or
Secretary of State, at a time and in a manner prescribed by the
applicable Secretary.
``(b) Collection From Aliens Apprehended by CBP, ICE, or USCIS.--
``(1) In general.--The Secretary of Homeland Security shall
collect biometric information from each alien, including
children, encountered by U.S. Customs and Border Protection,
Immigration and Customs Enforcement, or U.S. Citizenship and
Immigration Services.
``(2) DNA test results.--In carrying out the collection of
biometric information under paragraph (1), the Secretary shall
collect DNA test results, which include a partial DNA profile,
for the purpose of determining the existence of a claimed
genetic relationship. The Secretary shall use and store such
DNA test results for an associated adjudication or to perform
any other functions necessary for administering and enforcing
the immigration laws.
``(c) Authorized Uses of Biometric Information.--The Secretary
shall use biometric information collected under this section--
``(1) to perform criminal history and national security
background checks;
``(2) for identity enrollment, verification, and management
in the immigration lifecycle;
``(3) for secure document production associated with
certain immigration and naturalization benefits or actions; and
``(4) to administer and enforce the immigration laws.
``(d) Limitation on Issuance of Benefits.--The Secretary may not
provide an immigration benefit, and the Secretary of State may not
issue a visa, to an alien prior to the collection of biometric
information under subsection (a).''.
(b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by inserting after the item related to
section 106 the following:
``107. Collection of biometric information.''.
SEC. 3. BIOMETRIC DEFINED.
Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended by adding at the end the following:
``(53) The term `biometric' means a measurable biological
(anatomical and physiological) or behavioral characteristic
used for identification of an individual, and includes--
``(A) a fingerprint;
``(B) a palm print;
``(C) a photograph (including a facial image
specifically for facial recognition, as well as a
photograph of a physical or anatomical feature such as
a scar, skin mark, or tattoo);
``(D) a signature;
``(E) a voice print;
``(F) an iris image; and
``(G) DNA (including DNA test results, which
include a partial DNA profile attesting to genetic
relationship).''.
SEC. 4. UNACCOMPANIED ALIEN CHILDREN.
Section 235 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended--
(1) in subsection (c)--
(A) in paragraph (3), by inserting at the end the
following:
``(C) Background checks of individuals with whom
children are placed.--Before placing a child with an
individual, the Secretary of Health and Human Services
shall conduct a background check on such individual,
which background check shall include each of the
following:
``(i) A public records check.
``(ii) A check using the Dru Sjodin
National Sex Offender Public Website.
``(iii) A National Criminal History
Background Check, which shall be conducted by
the Federal Bureau of Investigation, based on
digital fingerprints or digitized paper prints.
``(iv) A Child Abuse and Neglect (CA/N)
check.
``(v) A State criminal history repository
or local law enforcement check.
``(D) Information about individuals with whom
children are placed.--
``(i) Information to be provided to
homeland security.--Before placing a child with
an individual, the Secretary of Health and
Human Services shall provide to the Secretary
of Homeland Security, regarding the individual
with whom the child will be placed, the
following information:
``(I) The name of the individual.
``(II) The social security number
of the individual.
``(III) The date of birth of the
individual.
``(IV) The location of the
individual's residence where the child
will be placed.
``(V) The immigration status of the
individual, if known.
``(VI) Contact information for the
individual.
``(ii) Special rule.--In the case of a
child who was apprehended on or after June 15,
2012, and before the date of the enactment of
this subparagraph, who the Secretary of Health
and Human Services placed with an individual,
the Secretary shall provide the information
listed in clause (i) to the Secretary of
Homeland Security not later than 90 days after
such date of enactment.
``(iii) Activities of the secretary of
homeland security.--Not later than 30 days
after receiving the information listed in
clause (i), the Secretary of Homeland Security
shall--
``(I) in the case that the
immigration status of an individual
with whom a child is placed is unknown,
investigate the immigration status of
that individual; and
``(II) upon determining that an
individual with whom a child is placed
is unlawfully present in the United
States, initiate removal proceedings
pursuant to chapter 4 of title II of
the Immigration and Nationality Act (8
U.S.C. 1221 et seq.).''; and
(B) in paragraph (5)--
(i) by inserting after ``to the greatest
extent practicable'' the following: ``(at no
expense to the Government)''; and
(ii) by striking ``have counsel to
represent them'' and inserting ``have access to
counsel to represent them''; and
(2) by adding at the end the following:
``(j) Sanctions.--In the case of an unaccompanied alien child who
arrives at any international border of, port of entry to, or place
between any ports of entry to, the United States--
``(1) an alien parent or guardian, other than an alien
admitted for lawful permanent residence, of such a child shall
be--
``(A) permanently barred from adjusting status to
that of an alien lawfully admitted for permanent
residence and becoming a naturalized citizen of the
United States;
``(B) deemed to be inadmissible for purposes of
section 212(a)(4) of the Immigration and Nationality
Act (8 U.S.C. 1182); and
``(C) deemed to have committed an offense described
in paragraph (1)(A) of section 274 of the Immigration
and Nationality Act (8 U.S.C. 1324); or
``(2) an alien parent or guardian, who is an alien admitted
for lawful permanent residence, shall be ineligible for any
Federal public benefit (as such term is defined in section
401(c) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996).''.
SEC. 5. COLLABORATION WITH FOREIGN GOVERNMENTS.
The Secretary of Homeland Security shall improve collaboration and
coordination with foreign governments and the Biometric Identification
Transnational Migration Alert Program (commonly referred to as
``BITMAP'') or any successor database, in order to deter and detect
immigration and asylum fraud.
SEC. 6. NOTIFICATION ABOUT FRAUDULENT POTENTIAL SPONSORS OF
UNACCOMPANIED ALIEN CHILDREN.
The Secretary of Health and Human Services shall notify Immigration
and Customs Enforcement and any appropriate law enforcement agency, and
deny the placement of an unaccompanied alien child (as such term is
defined in section 462 of the Homeland Security Act of 2002 (6 U.S.C.
279)) with a potential sponsor if the potential sponsor--
(1) claims to have familial relationship to the
unaccompanied alien child, but fails a DNA test, and is
otherwise unable to prove such relationship beyond a reasonable
doubt; or
(2) provides a false document to confirm the potential
sponsor's identity.
SEC. 7. FEDERAL AGENCIES TO NOTIFY ICE OF UNLAWFULLY PRESENT ALIENS.
If an alien presents a document to an officer or employee of the
Federal Government for purposes of identification, which document
indicates that the alien is unlawfully present in the United States,
the officer or employee shall promptly notify Immigration and Customs
Enforcement. Upon receiving a notification under this section,
Immigration and Customs Enforcement shall promptly place the alien in
removal proceedings.
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