[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1933 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1933

 To amend the Homeland Security Act of 2002 to establish the Biometric 
Identification Transnational Migration Alert Program in the Department 
             of Homeland Security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2019

  Ms. McSally introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the Homeland Security Act of 2002 to establish the Biometric 
Identification Transnational Migration Alert Program in the Department 
             of Homeland Security, 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 2019''.

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:

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

    ``(a) Establishment.--There is established in the Department a 
program, which shall 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, the 
        voluntary sharing of biometric and biographic information 
        collected from foreign nationals to screen such nationals and 
        identify those 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 designates, in consultation with the heads of 
                other Federal departments and agencies responsible for 
                such database, notice, or means;
            ``(4) provide partner countries with training, guidance, 
        and best practices recommendations regarding the enrollment of 
        individuals in BITMAP; and
            ``(5) ensure that 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--
            ``(1) shall ensure that BITMAP operations include 
        participation from relevant components of the Department;
            ``(2) may request that other Federal agencies participate 
        in BITMAP, as appropriate; and
            ``(3) notwithstanding any other provision of law, may enter 
        into agreements related to such participation on a reimbursable 
        or nonreimbursable basis, as appropriate.
    ``(d) Agreements.--
            ``(1) In general.--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 referred to in subsection 
        (b), the Secretary, in consultation with the Secretary of 
        State, shall enter into agreement or arrangement with the 
        government of such country that--
                    ``(A) sets forth program goals for such country;
                    ``(B) includes training, guidance, and best 
                practices recommendations regarding the enrollment of 
                individuals in BITMAP; and
                    ``(C) outlines such operations in such country, 
                including related departmental operations.
            ``(2) Effect of agreement.--A country that enters into an 
        agreement or arrangement under paragraph (1) shall be deemed to 
        be a partner country under subsection (b) for the purpose of 
        such agreement or arrangement.
    ``(e) Congressional Notification.--Not later than 60 days before an 
agreement or arrangement described in subsection (d) enters into force, 
the Secretary shall submit a copy of such agreement or arrangement to 
the Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security of the House of 
Representatives with a copy of such agreement or arrangement to 
establish such operations, which shall identify--
            ``(1) the foreign country with which the Secretary intends 
        to enter into such an agreement or arrangement;
            ``(2) the location at which such operations will be 
        conducted;
            ``(3) the goals for BITMAP operations in the foreign 
        country; and
            ``(4) the terms and conditions for Department personnel 
        operating at the location referred to in paragraph (2).
    ``(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 
such data 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 
(referred to in this section as ``BITMAP'') is established under 
section 447 of the Homeland Security Act of 2002, as added by 
subsection (a), and annually thereafter for the following 5 years, the 
Secretary of Homeland Security shall submit a report to the Committee 
on Homeland Security and Governmental Affairs of the Senate and the 
Committee on Homeland Security of the House of Representatives 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 relating to expenditures in 
        support of BITMAP, including the source of funding and 
        anticipated expenditures;
            (5) identifies the Department of Homeland Security 
        personnel, equipment, and infrastructure support that will 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 subsection (b)(4) of such 
        section 447;
            (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.--Not later than 30 days after each report is 
submitted pursuant to subsection (b), the Secretary of Homeland 
Security shall provide a briefing to 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.
    (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:

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