I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reform Immigration 

5 Through Biometrics Act’’. 


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1 SEC. 2. EVALUATION OF CBP’S IMPLEMENTATION OF AN IN2 TEGRATED BIOMETRIC ENTRY AND EXIT 

3 DATA SYSTEM. 

4 (a) EVALUATION.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this section, the 

7 Secretary of Homeland Security shall submit to the 

8 Committee on Homeland Security and the Com9 mittee on the Judiciary of the House of Representa10 tives and the Committee on Homeland Security and 

11 Governmental Affairs and the Committee on the Ju12 diciary of the Senate an evaluation of the status of 

13 efforts to implement an integrated entry and exit 

14 data system in accordance with section 110 of the 

15 Illegal Immigration Reform and Immigrant Respon16 sibility Act of 1996 (8 U.S.C. 1365a; in this section 

17 referred to as the ‘‘System’’). 

18 (2) CONTENTS.—The evaluation required under 

19 paragraph (1) shall include information relating to 

20 the following: 

21 (A) An evaluation of the ongoing efforts to 

22 implement the System, including information on 

23 pre-existing requirements, design, development, 

24 operational, and maintenance costs relating to 

25 the System, and other information that takes 

26 into account prior reports on such matters 


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1 issued by the Government Accountability Office 

2 and the Department of Homeland Security. 

3 (B) An evaluation of cost-effective staffing 

4 and personnel requirements of the System that 

5 leverages existing resources of the Department 

6 and takes into account prior reports on such 

7 matters issued by the Government Account8 ability Office and the Department. 

9 (C) An evaluation of training programs 

10 necessary to establish the System that takes 

11 into account prior reports on such matters 

12 issued by the Government Accountability Office 

13 and the Department. 

14 (D) An evaluation of how the System will 

15 affect arrival and departure wait times that 

16 takes into account prior reports on such mat17 ters issued by the Government Accountability 

18 Office and the Department. 

19 (E) An evaluation of audit capability for 

20 systems procured in partnership with the pri21 vate sector. 

22 (F) An evaluation of prior and ongoing 

23 consultation with the private sector. 

24 (G) An evaluation how trusted traveler 

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1 actment of this section may be impacted by, or 

2 incorporated into, the System. 

3 (H) An evaluation of milestones and 

4 metrics of success, if any, that have occurred 

5 already, and whether such milestones and 

6 metrics should be updated to successfully carry 

7 out the congressional directive to establish the 

8 System. 

9 (I) An evaluation of risks and mitigation 

10 strategies to address such risks. 

11 (J) An identification of statutory, regu12 latory, or administrative authorities, if any, 

13 needed to integrate the System into the oper14 ations of the Transportation Security Adminis15 tration, and an evaluation of how the progress 

16 made toward any such integration. 

17 (K) The infrastructure required to imple18 ment the System. 

19 (L) The effects of the System on the fol20 lowing: 

21 (i) Legitimate travel and trade. 

22 (ii) Combating terrorism. 

23 (iii) Identifying visa holders who vio24 late the terms of their visas. 


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1 (3) REQUIREMENT.—The Secretary of Home2 land Security shall ensure that the collection of bio3 metric data under the System shall cause the least 

4 possible disruption to the movement of people or 

5 cargo in air, sea, or land transportation while ful6 filling the goals of improving counterterrorism ef7 forts and identifying visa holders who violate the 

8 terms of their visas. 

9 (b) DATA MATCHING ASSESSMENT.— 

10 (1) IN GENERAL.—Not later than 180 days 

11 after the date of the enactment of this section, the 

12 Secretary of Homeland Security shall submit to the 

13 Committee on Homeland Security and the Com14 mittee on the Judiciary of the House of Representa15 tives and the Committee on Homeland Security and 

16 Governmental Affairs and the Committee on the Ju17 diciary of the Senate an assessment of how the Sys18 tem is currently— 

19 (A) matching biometric information for an 

20 individual, regardless of nationality, citizenship, 

21 or immigration status, who is departing the 

22 United States against biometric data previously 

23 provided to the United States Government by 

24 such individual for the purposes of international 

25 travel; 


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1 (B) leveraging the infrastructure and data2 bases of the current biometric entry and exit 

3 system established pursuant to section 7208 of 

4 the Intelligence Reform and Terrorism Preven5 tion Act of 2004 (8 U.S.C. 1365b) for the pur6 pose described in paragraph (1); and 

7 (C) being interoperable with, and allow 

8 matching against, other Federal databases 

9 that— 

10 (i) store biometrics of known or sus11 pected terrorists; and 

12 (ii) identify visa holders who violate 

13 the terms of their visas. 

14 (2) PROHIBITION.—The assessment required 

15 under paragraph (1) shall not include any informa16 tion relating to citizens of the United States. 

17 (c) EXCEPTIONS FOR CERTAIN INDIVIDUALS AND

18 CERTAIN PORTS OF ENTRY.—An evaluation of whether 

19 certain individuals, as described as an individual who exits 

20 and then enters the United States on a passenger vessel 

21 (as such term is defined in section 2101 of title 46, United 

22 States Code) the itinerary of which originates and termi23 nates in the United States, in addition to an evaluation 

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1 mation in the case of a United States or Canadian citizen 

2 who exits the United States through a land port of entry. 

3 (d) FURTHER EVALUATIONS.—Not later than 180 

4 days after the date of the enactment of this section, the 

5 Secretary of Homeland Security shall submit to the Com6 mittee on Homeland Security and the Committee on the 

7 Judiciary of the House of Representatives and the Com8 mittee on Homeland Security and Governmental Affairs 

9 and the Committee on the Judiciary of the Senate the fol10 lowing evaluations: 

11 (1) MULTIMODAL COLLECTION.—An evaluation 

12 of whether the Secretary has made every effort to 

13 collect biometric data using multiple modes of bio14 metrics, and how the Secretary can improve, mod15 ernize, and take advantage of innovation relating to 

16 using multiple modes of biometrics. 

17 (2) NORTHERN LAND BORDER.—With respect 

18 to the northern land border, an evaluation of wheth19 er the sharing of biometric data provided to the De20 partment of Homeland Security by the Canadian 

21 Border Services Agency pursuant to the 2011 Be22 yond the Border agreement has occurred and the 

23 impacts of such data sharing agreement. 

24 (3) FULL AND OPEN COMPETITION.—An eval25 uation of whether the procurement of goods and 


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1 services to implement the System has been through 

2 full and open competition in accordance with the 

3 Federal Acquisition Regulation. 

4 (4) FACILITIES.—An evaluation of whether fa5 cilities at which the System is implemented has pro6 vided and maintained space for Federal use that is 

7 adequate to support biometric data collection and 

8 other inspection-related activity. 

9 (e) SPECIAL RULES RELATING TO CERTAIN FACILI10 TIES.— 

11 (1) NON-FEDERAL FACILITIES.—With respect 

12 to each non-Federal facility at which the System is 

13 implemented, the space required for such implemen14 tation shall be provided and maintained at no cost 

15 to the Federal Government. 

16 (2) LAND PORTS OF ENTRY.—With respect to 

17 each facility at a land port of entry at which the 

18 System is implemented, the space required for such 

19 implementation shall be coordinated with the Admin20 istrator of General Services. 

21 (f) OTHER BIOMETRIC INITIATIVES.—Nothing in 

22 this section may be construed as limiting the authority of 

23 the Secretary of Homeland Security to collect biometric 

24 information in circumstances other than as specified in 

25 this section. 


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1 (g) SAVINGS CLAUSE.—Nothing in this section may 

2 prohibit the collection of user fees permitted by section 

3 13031 of the Consolidated Omnibus Budget Reconciliation 

4 Act of 1985 (19 U.S.C. 58c). 

Æ 


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