[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.
____________________