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 Com-
mittee 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 imple-
mentation 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 Representa-
tives 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’’. 
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SEC. 2. EVALUATION OF CBP’S IMPLEMENTATION OF AN IN-
TEGRATED 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 Com-
mittee on the Judiciary of the House of Representa-
tives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on the Ju-
diciary 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 Respon-
sibility 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 
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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 Account-
ability 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 mat-
ters issued by the Government Accountability 
Office and the Department. 
(E) An evaluation of audit capability for 
systems procured in partnership with the pri-
vate 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 en-
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actment 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, regu-
latory, or administrative authorities, if any, 
needed to integrate the System into the oper-
ations of the Transportation Security Adminis-
tration, and an evaluation of how the progress 
made toward any such integration. 
(K) The infrastructure required to imple-
ment the System. 
(L) The effects of the System on the fol-
lowing: 
(i) Legitimate travel and trade. 
(ii) Combating terrorism. 
(iii) Identifying visa holders who vio-
late the terms of their visas. 
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(3) REQUIREMENT.—The Secretary of Home-
land Security shall ensure that the collection of bio-
metric data under the System shall cause the least 
possible disruption to the movement of people or 
cargo in air, sea, or land transportation while ful-
filling the goals of improving counterterrorism ef-
forts 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 Com-
mittee on the Judiciary of the House of Representa-
tives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on the Ju-
diciary of the Senate an assessment of how the Sys-
tem 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; 
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(B) leveraging the infrastructure and data-
bases of the current biometric entry and exit 
system established pursuant to section 7208 of 
the Intelligence Reform and Terrorism Preven-
tion Act of 2004 (8 U.S.C. 1365b) for the pur-
pose described in paragraph (1); and 
(C) being interoperable with, and allow 
matching against, other Federal databases 
that— 
(i) store biometrics of known or sus-
pected 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 informa-
tion 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 termi-
nates in the United States, in addition to an evaluation 
of considerations relating to not collecting biometric infor-
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mation 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 Com-
mittee on Homeland Security and the Committee on the 
Judiciary of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
and the Committee on the Judiciary of the Senate the fol-
lowing evaluations: 
(1) MULTIMODAL COLLECTION.—An evaluation 
of whether the Secretary has made every effort to 
collect biometric data using multiple modes of bio-
metrics, and how the Secretary can improve, mod-
ernize, 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 wheth-
er the sharing of biometric data provided to the De-
partment of Homeland Security by the Canadian 
Border Services Agency pursuant to the 2011 Be-
yond the Border agreement has occurred and the 
impacts of such data sharing agreement. 
(3) FULL AND OPEN COMPETITION.—An eval-
uation of whether the procurement of goods and 
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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 fa-
cilities at which the System is implemented has pro-
vided 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 FACILI-
TIES.— 
(1) NON-FEDERAL
FACILITIES.—With respect 
to each non-Federal facility at which the System is 
implemented, the space required for such implemen-
tation 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 Admin-
istrator 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. 
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(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). 
Æ 
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