[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6439 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 6439


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 5, 2018

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
    To amend the Homeland Security Act of 2002 to establish in the 
     Department of Homeland Security the Biometric Identification 
     Transnational Migration Alert Program, 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 Identification 
Transnational Migration Alert Program Authorization Act of 2018''.

SEC. 2. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT PROGRAM.

    (a) In General.--Subtitle D of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 251 et seq.) is amended by adding at the end the 
following new section:

``SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT 
              PROGRAM.

    ``(a) Establishment.--There is established in the Department a 
program to be known as the Biometric Identification Transnational 
Migration Alert Program (referred to in this section as `BITMAP') to 
address and reduce national security, border security, and terrorist 
threats before such threats reach the international border of the 
United States.
    ``(b) Duties.--In carrying out BITMAP operations, the Secretary, 
acting through the Director of U.S. Immigration and Customs 
Enforcement, shall--
            ``(1) coordinate, in consultation with the Secretary of 
        State, appropriate representatives of foreign governments, and 
        the heads of other Federal agencies, as appropriate, to 
        facilitate the voluntary sharing of biometric and biographic 
        information collected from foreign nationals for the purpose of 
        identifying and screening such nationals to identify those 
        nationals who may pose a terrorist threat or a threat to 
        national security or border security;
            ``(2) provide capabilities, including training and 
        equipment, to partner countries to voluntarily collect 
        biometric and biographic identification data from individuals 
        to identify, prevent, detect, and interdict high risk 
        individuals identified as national security, border security, 
        or terrorist threats who may attempt to enter the United States 
        utilizing illicit pathways;
            ``(3) provide capabilities, including training and 
        equipment, to partner countries to compare foreign data against 
        appropriate United States national security, border security, 
        terrorist, immigration, and counter-terrorism data, including--
                    ``(A) the Federal Bureau of Investigation's 
                Terrorist Screening Database, or successor database;
                    ``(B) the Federal Bureau of Investigation's Next 
                Generation Identification database, or successor 
                database;
                    ``(C) the Department of Defense Automated Biometric 
                Identification System (commonly known as `ABIS'), or 
                successor database;
                    ``(D) the Department's Automated Biometric 
                Identification System (commonly known as `IDENT'), or 
                successor database; and
                    ``(E) any other database, notice, or means that the 
                Secretary, in consultation with the heads of other 
                Federal departments and agencies responsible for such 
                databases, notices, or means, designates; and
            ``(4) ensure biometric and biographic identification data 
        collected pursuant to BITMAP are incorporated into appropriate 
        United States Government databases, in compliance with the 
        policies and procedures established by the Privacy Officer 
        appointed under section 222.
    ``(c) Collaboration.--The Secretary shall ensure that BITMAP 
operations include participation from relevant components of the 
Department, and request participation from other Federal agencies, as 
appropriate.
    ``(d) Agreements.--Before carrying out BITMAP operations in a 
foreign country that, as of the date of the enactment of this section, 
was not a partner country described in this section, the Secretary, in 
consultation with the Secretary of State, shall enter into agreement or 
arrangement with the government of such country that outlines such 
operations in such country, including related departmental operations. 
Such country shall be a partner country described in this section 
pursuant to and for purposes of such agreement or arrangement.
    ``(e) Notification to Congress.--Not later than 60 days before an 
agreement with the government of a foreign country to carry out BITMAP 
operations in such foreign country enters into force, the Secretary 
shall provide the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate with a copy of the agreement to establish such 
operations, which shall include--
            ``(1) the identification of the foreign country with which 
        the Secretary intends to enter into such an agreement;
            ``(2) the location at which such operations will be 
        conducted; and
            ``(3) the terms and conditions for Department personnel 
        operating at such location.''.
    (b) Report.--Not later than 180 days after the date on which the 
Biometric Identification Transnational Migration Alert Program (BITMAP) 
is established under section 447 of the Homeland Security Act of 2002 
(as added by subsection (a) of this section) and annually thereafter 
for the following five years, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report that details the effectiveness of BITMAP 
operations in enhancing national security, border security, and 
counterterrorism operations.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 446 the following new item:

``Sec. 447. Biometric Identification Transnational Migration Alert 
                            Program.''.

            Passed the House of Representatives September 4, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.