[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6138 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 6138

 To evaluate U.S. Customs and Border Protection's implementation of an 
 integrated biometric entry and exit data system in the United States, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 1, 2023

Mr. Donalds (for himself, Mr. Weber of Texas, Mr. Nehls, Mr. Gosar, and 
  Mr. Higgins of Louisiana) 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 evaluate U.S. Customs and Border Protection's implementation of an 
 integrated biometric entry and exit data system in the United States, 
                        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 ``Reform Immigration Through 
Biometrics Act''.

SEC. 2. EVALUATION OF CBP'S IMPLEMENTATION OF AN INTEGRATED BIOMETRIC 
              ENTRY AND EXIT DATA SYSTEM.

    (a) Evaluation.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this section, the Secretary of Homeland 
        Security shall submit to the Committee on Homeland Security and 
        the Committee on the Judiciary of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        and the Committee on the Judiciary of the Senate an evaluation 
        of the status of efforts to implement an integrated entry and 
        exit data system in accordance with section 110 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1365a; in this section referred to as the ``System'').
            (2) Contents.--The evaluation required under paragraph (1) 
        shall include information relating to the following:
                    (A) An evaluation of the ongoing efforts to 
                implement the System, including information on pre-
                existing requirements, design, development, 
                operational, and maintenance costs relating to the 
                System, and other information that takes into account 
                prior reports on such matters issued by the Government 
                Accountability Office and the Department of Homeland 
                Security.
                    (B) An evaluation of cost-effective staffing and 
                personnel requirements of the System that leverages 
                existing resources of the Department and takes into 
                account prior reports on such matters issued by the 
                Government Accountability Office and the Department.
                    (C) An evaluation of training programs necessary to 
                establish the System that takes into account prior 
                reports on such matters issued by the Government 
                Accountability Office and the Department.
                    (D) An evaluation of how the System will affect 
                arrival and departure wait times that takes into 
                account prior reports on such matters issued by the 
                Government Accountability Office and the Department.
                    (E) An evaluation of audit capability for systems 
                procured in partnership with the private sector.
                    (F) An evaluation of prior and ongoing consultation 
                with the private sector.
                    (G) An evaluation how trusted traveler programs in 
                existence as of the date of the enactment of this 
                section may be impacted by, or incorporated into, the 
                System.
                    (H) An evaluation of milestones and metrics of 
                success, if any, that have occurred already, and 
                whether such milestones and metrics should be updated 
                to successfully carry out the congressional directive 
                to establish the System.
                    (I) An evaluation of risks and mitigation 
                strategies to address such risks.
                    (J) An identification of statutory, regulatory, or 
                administrative authorities, if any, needed to integrate 
                the System into the operations of the Transportation 
                Security Administration, and an evaluation of how the 
                progress made toward any such integration.
                    (K) The infrastructure required to implement the 
                System.
                    (L) The effects of the System on the following:
                            (i) Legitimate travel and trade.
                            (ii) Combating terrorism.
                            (iii) Identifying visa holders who violate 
                        the terms of their visas.
            (3) Requirement.--The Secretary of Homeland Security shall 
        ensure that the collection of biometric data under the System 
        shall cause the least possible disruption to the movement of 
        people or cargo in air, sea, or land transportation while 
        fulfilling the goals of improving counterterrorism efforts and 
        identifying visa holders who violate the terms of their visas.
    (b) Data Matching Assessment.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this section, the Secretary of Homeland 
        Security shall submit to the Committee on Homeland Security and 
        the Committee on the Judiciary of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        and the Committee on the Judiciary of the Senate an assessment 
        of how the System is currently--
                    (A) matching biometric information for an 
                individual, regardless of nationality, citizenship, or 
                immigration status, who is departing the United States 
                against biometric data previously provided to the 
                United States Government by such individual for the 
                purposes of international travel;
                    (B) leveraging the infrastructure and databases of 
                the current biometric entry and exit system established 
                pursuant to section 7208 of the Intelligence Reform and 
                Terrorism Prevention Act of 2004 (8 U.S.C. 1365b) for 
                the purpose described in paragraph (1); and
                    (C) being interoperable with, and allow matching 
                against, other Federal databases that--
                            (i) store biometrics of known or suspected 
                        terrorists; and
                            (ii) identify visa holders who violate the 
                        terms of their visas.
            (2) Prohibition.--The assessment required under paragraph 
        (1) shall not include any information relating to citizens of 
        the United States.
    (c) Exceptions for Certain Individuals and Certain Ports of 
Entry.--An evaluation of whether certain individuals, as described as 
an individual who exits and then enters the United States on a 
passenger vessel (as such term is defined in section 2101 of title 46, 
United States Code) the itinerary of which originates and terminates in 
the United States, in addition to an evaluation of considerations 
relating to not collecting biometric information in the case of a 
United States or Canadian citizen who exits the United States through a 
land port of entry.
    (d) Further Evaluations.--Not later than 180 days after the date of 
the enactment of this section, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security and the Committee on the 
Judiciary of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs and the Committee on the Judiciary of 
the Senate the following evaluations:
            (1) Multimodal collection.--An evaluation of whether the 
        Secretary has made every effort to collect biometric data using 
        multiple modes of biometrics, and how the Secretary can 
        improve, modernize, and take advantage of innovation relating 
        to using multiple modes of biometrics.
            (2) Northern land border.--With respect to the northern 
        land border, an evaluation of whether the sharing of biometric 
        data provided to the Department of Homeland Security by the 
        Canadian Border Services Agency pursuant to the 2011 Beyond the 
        Border agreement has occurred and the impacts of such data 
        sharing agreement.
            (3) Full and open competition.--An evaluation of whether 
        the procurement of goods and services to implement the System 
        has been through full and open competition in accordance with 
        the Federal Acquisition Regulation.
            (4) Facilities.--An evaluation of whether facilities at 
        which the System is implemented has provided and maintained 
        space for Federal use that is adequate to support biometric 
        data collection and other inspection-related activity.
    (e) Special Rules Relating to Certain Facilities.--
            (1) Non-federal facilities.--With respect to each non-
        Federal facility at which the System is implemented, the space 
        required for such implementation shall be provided and 
        maintained at no cost to the Federal Government.
            (2) Land ports of entry.--With respect to each facility at 
        a land port of entry at which the System is implemented, the 
        space required for such implementation shall be coordinated 
        with the Administrator of General Services.
    (f) Other Biometric Initiatives.--Nothing in this section may be 
construed as limiting the authority of the Secretary of Homeland 
Security to collect biometric information in circumstances other than 
as specified in this section.
    (g) Savings Clause.--Nothing in this section may prohibit the 
collection of user fees permitted by section 13031 of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c).
                                 <all>