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

<DOC>





                                                       Calendar No. 724
115th CONGRESS
  2d Session
                                H. R. 6439

                          [Report No. 115-419]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 5, 2018

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

                            December 5, 2018

                Reported by Mr. Johnson, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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) provide partner countries with training, guidance, 
        and best practices recommendations regarding the enrollment of 
        individuals in BITMAP; and
            ``(4)(5) 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 sets forth program 
goals for such country, includes training, guidance, and best practices 
recommendations regarding the enrollment of individuals in BITMAP, and 
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) goals for BITMAP operations in the foreign country; 
        and
            ``(3)(4) the terms and conditions for Department personnel 
        operating at such location. ''.
    ``(f) Captured Information of United States Citizens.--The 
Secretary shall ensure that any biometric and biographic identification 
data of United States citizens that is captured by BITMAP operations is 
expunged from all databases to which such data was uploaded, unless the 
information is retained for specific law enforcement or intelligence 
purposes.''.
    (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. that--
            (1) outlines the strategic goals and operational plans for 
        BITMAP;
            (2) outlines key efforts and the progress made with each 
        partner country;
            (3) provides a description of the agreement or arrangement 
        with the government of each partner country, if practicable;
            (4) provides budget information related to expenditures in 
        support of BITMAP, including the source of funding and the 
        anticipated expenditures;
            (5) sets forth the department personnel, equipment, and 
        infrastructure support to be used by BITMAP, broken down by 
        country and number;
            (6) includes the number of individuals each partner country 
        enrolled into BITMAP during the reporting period, broken down 
        by key categories, as determined by U.S. Immigration and 
        Customs Enforcement;
            (7) includes the training, guidance, and best practices 
        recommendations provided pursuant to section 447(b)(4) of the 
        Homeland Security Act of 2002, as added by subsection (a);
            (8) includes a review of the redress process for BITMAP; 
        and
            (9) details the effectiveness of BITMAP operations in 
        enhancing national security, border security, and 
        counterterrorism operations.
    (c) Briefings.--Shortly after each report is submitted pursuant to 
subsection (b), the Secretary of Homeland Security shall brief the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of Representatives 
regarding--
            (1) individuals enrolled in BITMAP who have been 
        apprehended at the United States border or in the interior of 
        the United States; and
            (2) asylum claims that were submitted by individuals who 
        are enrolled in BITMAP;
    (d) GAO Audit.--Not later than 6 months after the date of the 
enactment of this Act, and every 3 years thereafter, the Comptroller 
General of the United States shall--
            (1) conduct an audit that analyzes the effectiveness of 
        BITMAP operations; and
            (2) submit a report containing the results of such audit to 
        the Committee on Homeland Security and Governmental Affairs of 
        the Senate and the Committee on Homeland Security of the House 
        of Representatives.
    (e) Sunset.--Section 447 of the Homeland Security Act of 2002, as 
added by subsection (a) shall be repealed on the date that is 6 years 
after the date of the enactment of this Act.
    (c)(f) 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.''.
                                                       Calendar No. 724

115th CONGRESS

  2d Session

                               H. R. 6439

                          [Report No. 115-419]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            December 5, 2018

                        Reported with amendments