[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>