[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4546 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4546

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

                             July 11, 2023

 Mr. Gooden of Texas (for himself, Mr. Ellzey, Mr. Donalds, Mr. Babin, 
 and Mrs. Miller of Illinois) 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 2023'' or the ``B-VERIFY 
Act of 2023''.

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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