[Congressional Record Volume 164, Number 146 (Tuesday, September 4, 2018)]
[House]
[Pages H7786-H7789]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT PROGRAM 
                       AUTHORIZATION ACT OF 2018

  Mr. McCAUL. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 6439) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows

                               H.R. 6439

       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;

[[Page H7787]]

       ``(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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. McCaul) and the gentleman from Mississippi (Mr. Thompson) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. McCAUL. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
and include any extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. McCAUL. Madam Speaker, I yield myself as much time as I may 
consume.
  Madam Speaker, I rise today in strong support of my legislation to 
help protect the American people and keep our homeland safe.
  We are only 1 week out from the 17th anniversary of 9/11, and a lot 
has changed since those four horrifying attacks, but one thing remains 
the same: America's enemies are always looking for new ways to sneak 
into our country.
  Today, many special interest aliens and other nefarious actors, 
including potential terrorists, are exploiting illicit pathways 
throughout Central and South America, racing towards the border.
  To combat this threat, we need to leverage our international 
partnerships and use advanced technology to our advantage. One of the 
best tools we have is ICE's Biometric Identification Transnational 
Migration Alert Program, otherwise known as BITMAP. BITMAP was created 
in 2011 by the Obama administration and is utilized on five different 
continents.
  Through this program, trained and vetted law enforcement officers 
collect biometric and biographic data on potentially dangerous 
individuals traveling through their country. The collected data is then 
shared with American law enforcement, the Department of Defense, and 
intelligence agencies. This vital information helps us enrich our 
databases, map illicit pathways, exploit networks, and learn about 
individuals looking to bring harm.
  In the last few years, BITMAP has identified several hundred known or 
suspected terrorists. Top national security officials from DOD and DHS 
have testified to its success. For example, former Acting Director of 
ICE, Thomas Homan, told me at a recent hearing: ``People that were 
known terrorists had been turned around in Panama and sent back before 
reaching our shores. . . .'' BITMAP ``has already proven successful.'' 
And that is according to the former Director of ICE.
  BITMAP does not just ID suspected terrorists, however. It also 
identifies drug smugglers, sex offenders, murderers, child predators, 
gang members like MS-13, and people with active warrants and other 
dangerous backgrounds.
  My bill will enhance American and foreign law enforcement's ability 
to keep our citizens safe by identifying threats at the earliest 
possible stage. Simply put, it will help stop dangerous individuals who 
want to bring harm to the American people.
  Threats to America, whether through terrorism, human trafficking, or 
deadly opioids, continue to grow, and we must do everything we can to 
stop them.
  I am proud this legislation passed out of our committee with 
bipartisan support, and I want to thank Congressman Bill Keating for 
all of his work on this issue.
  Passing this important legislation through the House is a simple step 
we can take to make our homeland more secure, and I urge my colleagues 
to support this bipartisan bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Madam Speaker, I yield myself as much 
time as I may consume.
  Madam Speaker, I rise in opposition to H.R. 6439, the Biometric 
Identification Transnational Migration Alert Program Authorization Act 
of 2018.
  I have long supported Department of Homeland Security overseas 
programs aimed at preventing terrorist threats from ever arriving at 
our borders. In fact, over the years, I have sponsored a number of 
measures that specifically seek to drive greater international 
collaboration and expand DHS' overseas border security footprint.
  Two well-established overseas DHS programs that come to mind are:
  U.S. Customs and Border Protection's Preclearance program, in which 
officers are posted abroad to screen travelers prior to boarding U.S.-
bound flights; and
  Immigration and Customs Enforcement's Visa Security Program, in which 
ICE special agents are posted at overseas consulates to assist State 
Department staff in visa vetting.
  Earlier this Congress, Representative Filemon Vela, the lead Democrat 
on our Border and Maritime Security Subcommittee, introduced two bills 
aimed at bolstering international border and counterterrorism 
cooperation:
  H.R. 2218 would authorize ICE's Border Enforcement Security Task 
Force, a program that has been proven to be effective at enhancing 
cooperation and information sharing among law enforcement along the 
U.S.-Mexico border.
  The second bill, H.R. 4578, is targeted at expanding efforts carried 
out by CBP's National Targeting Center aimed at disrupting and 
dismantling terrorists and other criminal networks.
  When presented to the full House, both bills received unanimous 
support from Democrats for good reason: They are effective 
counterterrorism programs.
  However, I am sorry to say, as of today, there is not enough data to 
assess whether the same can be said for ICE's Biometric Identification 
Transnational Migration Alert Program, or BITMAP, pilot. As such, I 
cannot support permanently authorizing it, as set forth under H.R. 
6439.
  I would expect that some Members of this body are unfamiliar with the 
program, as it is largely a classified program and, as such, little 
information about BITMAP is in the public domain.

[[Page H7788]]

  Since 2011, ICE's BITMAP pilot program has trained and equipped 
foreign law enforcement partners on collecting biographic and biometric 
data of foreign nationals migrating through partner countries so that 
such information can be checked against U.S. intelligence and law 
enforcement databases.
  The stated goal of the program is to identify known or suspected 
terrorists or criminals prior to arrival at our borders. Though in 
operation for several years, the volume of data collected only started 
to be significant in the last 2 years.
  Prior to considering H.R. 6439 in committee, committee members had 
repeatedly been presented in a classified setting with anecdotes about 
successes that the program has experienced. While we appreciated 
hearing positive news about this pilot, anecdotes are not enough to 
justify permanently authorizing this program. Anecdotes are no 
substitute for data and evidence of efficiency.
  In an effort to secure data prior to committee consideration, I 
submitted a number of basic questions about the program's efficacy and 
operations to ICE.
  I received a response prior to the committee's markup that raised 
further questions about BITMAP's efficacy as well as core operational 
questions, such as:
  After checks against databases, what does the U.S. Government do with 
the records it collects on migrants who are not found to have terrorist 
ties?
  What, if any, protections exist to guard against the collection of 
highly personal and sensitive information from migrants with no 
criminal or terrorist ties who are encountered nowhere near the U.S.-
Mexico border and have no intentions of coming anywhere close to it?
  What, if any, audit or oversight mechanisms exist to ensure that 
foreign partners adhere to requirements of the program and do not use 
this sophisticated law enforcement tool to suppress domestic 
activities?
  Over the recess, ICE officials briefed the committee staff about 
BITMAP, but fundamental questions remain.
  I hope that there will be a day when I can say without reservation 
that, after careful review of BITMAP's operational documents and data, 
I fully support making it permanent. Unfortunately, today is not the 
day.
  In the absence of evidence, I cannot support H.R. 6439, but I am 
supportive of the pilot continuing so that ICE can work to aggregate 
and assess critical data to make an evidentiary case to Congress for 
why the program should be permanently authorized.

                              {time}  1645

  I would note that enactment of H.R. 6439 is not necessary for BITMAP 
to continue to operate. With or without passage of H.R. 6439, ICE 
expects to continue to be able to operate the pilot.
  Madam Speaker, before I close, I include in the Record a letter from 
the American Civil Liberties Union in opposition to this legislation.

                                                September 4, 2018.
     Re Vote NO on H.R. 6439, the Biometric Identification 
         Transnational Migration Alert Program (BITMAP) 
         Authorization Act of 2018.

       Dear Representative: On behalf of the American Civil 
     Liberties Union, Immigrant Legal Resource Center, National 
     Immigration Law Center and the National Immigration Project 
     of the National Lawyers Guild, we urge you to oppose H.R. 
     6439, legislation that would permanently authorize the 
     biometric pilot program known as ``BITMAP'' within the 
     Department of Homeland Security (DHS). The House is expected 
     to consider this bill under suspension of the rules on 
     Tuesday, September 4, 2018. We urge you to oppose H.R. 6439.
       H.R. 6439 would permanently authorize BITMAP, a program 
     which has existed since 2010--but with no privacy or 
     transparency protections, and with insufficient fact-finding 
     during committee consideration of the bill. Although BITMAP 
     would continue without enactment of this legislation, the 
     House should not permanently authorize the BITMAP program 
     with limited information, no information on whether DHS takes 
     any steps to protect privacy, no studies regarding its 
     efficacy, and no statutory privacy or transparency 
     protections.
       This bill raises significant concerns regarding the sharing 
     of information across foreign governments related to 
     suspicion of terrorism, gang violence, and other so-called 
     national security concerns with very little information as to 
     how this information is used and retained. In 2010, DHS began 
     piloting BITMAP to collect and share biometric and 
     biographical data on ``special interest aliens, violent 
     criminals, fugitives and confirmed or suspected terrorists.'' 
     According to previous testimony by DHS officials, this also 
     includes gang members and other persons of interest who may 
     pose a potential national security concern.
       There is no information or proof as to BITMAP's 
     effectiveness. Despite numerous requests from Congress, 
     including members of the House Homeland Security Committee, 
     DHS has failed to provide information since the program's 
     inception in 2010 that shows its effectiveness or that it is 
     tailored to meet its needs. Given this, it is premature to 
     permanently authorize the program, particularly given the 
     significant privacy and civil liberties concerns.
       The legislation fails to require that the program adhere to 
     privacy protections. This program includes the sharing of 
     extraordinarily sensitive information regarding individuals 
     without warrant or analogous legal process. Yet, the 
     legislation fails to include any privacy standards that DHS 
     must follow with regards to the program. For example, what 
     information can be collected, how long can it be stored, when 
     can it be disseminated to other agencies, and can it be 
     shared with foreign partners? The omission of these 
     protections in the bill is particularly striking given that 
     the agency has not provided any public information regarding 
     what, if any, privacy protections currently apply to the 
     execution of BITMAP.
       The legislation fails to place limits on how information 
     collected under BITMAP can be used. There is little to no 
     information regarding what actions may be triggered as a 
     result of these database checks nor information regarding 
     what is considered ``suspicion'' or a ``national security 
     concern.'' The terms used by officials in discussing this 
     program such as terrorism, gang members, and national 
     security concern have historically been used to target 
     Muslim, Arab, Iranian, Latinx, Middle Eastern, and South 
     Asian populations. The failure to provide information 
     regarding policies governing BITMAP raises significant 
     concerns that the program may result in unjust profiling and 
     discrimination. The existing legislation fails to include any 
     language that would prohibit such improper uses. Moreover, 
     insufficient information has been made public to assess 
     whether such profiling and discrimination are current 
     problems with the program.
       Under this bill, DHS would have the authority to enter into 
     agreements with foreign countries to carry out BITMAP 
     operations without legislative or judicial review. Although 
     this bill would require DHS to notify Congress before the 
     execution of BITMAP agreements, the agreements would not be 
     subject to congressional authorization. This legislation 
     would significantly undermine Congress' oversight role by 
     allowing DHS to take measures without sufficient checks or 
     balances. Additionally, the bill fails to ensure that the 
     public is made aware of how DHS is exercising its authority.
       It is irresponsible to permanently authorize BITMAP without 
     a full understanding of its effectiveness, policies and 
     procedures, privacy and civil rights protections, and 
     oversight mechanisms.
       We urge you to oppose H.R. 6439.
           Sincerely,
     American Civil Liberties Union.
     Immigrant Legal Resource Center.
     National Immigration Law Center.
     National Immigration Project of the National Lawyers Guild.

  Mr. THOMPSON of Mississippi. Madam Speaker, it is our duty as Members 
of Congress to ensure that counterterrorism pilot programs are 
effective prior to permanently authorizing them. As I mentioned at the 
outset, DHS has a number of proven overseas, border, and 
counterterrorism programs that have strong congressional bipartisan 
support.
  However, with all due respect to the chairman, the efficacy of BITMAP 
as a counterterrorism program has not been established. As such, a 
permanent authorization of H.R. 6439 is premature.
  Given the classified nature of this program, some Members are 
unfamiliar with it and there are natural limitations as to what we are 
able to discuss on the House floor. But I understand that at an 
unclassified staff-level briefing during the recess on threats in the 
Caribbean, ICE officials stated that BITMAP is working and successful, 
but failed to provide data to back up the assertions.
  I will concede that ICE has shared some promising anecdotes, and I do 
not object to ICE officials touting what they see as a successful 
overseas program to Congress. However, when ICE's broad-based 
assertions and anecdotes are not backed up with data and metrics, it 
falls to Congress to carry out oversight of the program, not blindly 
authorize it.
  Let's not reward the administration for failing to provide Congress 
with necessary data and metrics. Let's come

[[Page H7789]]

together and vote down H.R. 6439. By taking such action, we will be 
communicating to ICE our expectations, while in no way preventing the 
BITMAP pilot from continuing as it has for the past 7 years.
  As I said earlier, I sincerely hope that the positive aspects of 
BITMAP being touted by the other side of the aisle today can be backed 
up by reliable data and facts. Unfortunately, the little information we 
have on BITMAP to date simply does not justify a standalone 
authorization.
  Madam Speaker, I ask my colleagues to oppose H.R. 6439, and I yield 
back the balance of my time.
  Mr. McCAUL. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I have tremendous respect for the gentleman from 
Mississippi, but I do have to respectfully disagree with some of his 
assertions. First of all, this program, BITMAP, was started 7 years ago 
under the Obama administration. And over the last 7 years, we have 
obtained sufficient data that would verify the success of the program.
  In fact, I can't get into the classified nature of the program. 
Suffice it to say that we stopped hundreds of known or suspected 
terrorists from entering the United States under this tried-and-true 
program.
  The Secretary testified before our committee that, on average, 19 
known or suspected terrorists try to enter the United States every day. 
Our solemn obligation is to protect the American people from the 
threats that we see outside of the United States and do everything we 
can to stop them from getting into the United States.
  What the 9/11 Commission talked about in its report about travel and 
keeping bad people and bad things out of the United States, is the 
reason this committee was formed in the first place. And we have heard 
the stories about ISIS in written materials encouraging followers to 
cross our southwest border. We talked about the 9/11 Commission. We 
talked about terrorists' travel strategies. This is one of those 
strategies, one of those programs that I believe the 9/11 Commission 
was talking about.
  Why not use the best technology we have and use biometrics to 
identify known or suspected terrorists, MS-13 gang members, child 
predators, opioid traffickers, all of the bad stuff that can come into 
this country. When Border Patrol tells me we only know 50 percent of 
what is coming into the country, why would we not want to use the most 
innovative technology so that when someone enters this hemisphere under 
one name and gets up to the Mexico border under another name--just like 
in the Mollie Tibbetts' killing, slaying, where someone came into the 
country and changed their identity. This stops the changing of identity 
up the road into the United States.
  Why? Biometrics don't lie. You are who you are. And we know who they 
are through the great, best technology we have available today. So I 
believe that being opposed to this legislation really puts the American 
people at harm.
  I hope I am wrong in saying this, because I never want politics to 
enter this committee: National security should never be political. The 
terrorists don't check our partisan affiliation. But my concern is that 
because ICE is in this bill, we are drawing opposition.
  Madam Speaker, this is one of the best programs that ICE administers, 
created under the Obama administration. It deserves and it has earned 
to be fully authorized by the United States Congress, and I ask that 
all of my colleagues support this measure.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. McCaul) that the House suspend the rules and 
pass the bill, H.R. 6439.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. McCAUL. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________