[House Report 115-909]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-909
======================================================================
BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT PROGRAM
AUTHORIZATION ACT OF 2018
_______
August 28, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 6439]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
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, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee on Homeland Security................................... 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 5
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
Dissenting Views................................................. 10
Purpose and Summary
H.R. 6439, the ``Biometric Identification Transnational
Migration Alert Program Authorization Act of 2018'' authorizes
the Biometric Identification Transnational Migration Alert
Program (BITMAP) within the Department of Homeland Security
(DHS). This bill seeks to codify a U.S. Immigration and Customs
Enforcement-Homeland Security Investigations (ICE-HSI) led
program that was established in 2011 under then-President
Barack Obama.
Background and Need for Legislation
BITMAP was established to equip international partner-
country law enforcement officers to collect and share biometric
and biographic data on special interest individuals and to
identify potential threat actors transiting through
participating countries. BITMAP further provides infrastructure
and capability for host governments to collect biometric data
on individuals they encounter transiting through illicit
pathways. The information collected under the auspices of
BITMAP is shared with U.S. law enforcement and Intelligence
Community members; DHS in turn provides information back to the
host countries concerning the individuals whom they enrolled.
Through this process, ICE is able to track U.S. bound illegal
migration patterns, take joint action with partner countries,
and deter human smuggling through South and Central America.
Comparisons of biometric data through BITMAP serve to identify
criminal persons, wanted subjects (including international
fugitives), and known or suspected terrorists. BITMAP is
currently deployed to 14 countries, with near-term plans to
expand to additional countries.
Transnational criminal organizations (TCOs) have actively
competed for control of various illicit pathways. These
pathways are used as a conduit for the illegal movement of
people and goods into the United States. In particular, the
illegal smuggling and trafficking of people via these pathways
and the deliberate evasion of U.S. immigration laws has become
a significant national security threat. In order to mitigate
this threat, U.S. Immigration and Customs Enforcement-Homeland
Security Investigations (ICE-HSI) established the Biometric
Identification Transnational Migration Alert Program (BITMAP).
BITMAP is an HSI-led initiative that fills biometric databases
with data collected from special interest aliens, violent
criminals, fugitives, and known or suspected terrorists
encountered within illicit pathways. This data helps HSI form
strategic pictures of the trends, networks, and individuals
connected with these pathways and is a key tool for the broader
DHS mission of pushing the border out. Former ICE Acting
Director Homan testified before the Border and Maritime
Security Subcommittee in May 2018, ``As far as BITMAP, we are
working with our attache offices overseas, in Central America,
in South America, on identifying those that are en route to the
United States. There are many known terrorists that these other
countries will enroll into BITMAP, take some prints, it feeds
into our system, along with the DOD and it gives us a shot of
who's coming, who is on their way. Panama has been very
successful. Panama has a great program down there. People that
were known terrorists had been turned around in Panama and sent
back before reaching our shores.'' This illustrates the
critical role of this national security program in protecting
the homeland.
As the largest investigative component at DHS, ICE-HSI
protects U.S. borders by conducting multi-faceted,
international law enforcement operations, by partnering with
foreign and domestic counterparts to combat criminal
organizations and prevent terrorist activities. ICE-HSI
International Operations has a network of over 400 personnel,
including over 180 special agents deployed to 67 attache
offices in 50 countries, who conduct investigations against
TCOs, terrorist, and other criminal organizations that threaten
our national security. ICE-HSI leverages its international
footprint and partnerships to disrupt and dismantle TCOs that
seek to exploit America's legitimate trade, travel and
financial systems, and enforces U.S. customs and immigration
laws at and beyond our Nation's borders to prevent threats from
entering the United States. A key program that supports these
efforts is BITMAP.
Hearings
The Committee did not hold any legislative hearings on H.R.
6439 in the 115th Congress. However, this legislation was
informed by a Border and Maritime Security Subcommittee hearing
on May 22, 2018 entitled ``Stopping the Daily Border Caravan:
Time to Build a Policy Wall.'' The Subcommittee received
testimony from the Honorable Ronald Vitiello, Acting Deputy
Commission of U.S. Customs and Border Protection at the
Department of Homeland Security; the Honorable Thomas Homan,
Acting Director of U.S. Immigration and Customs Enforcement at
the Department of Homeland Security; and the Honorable Lee
Francis Cissna, Director of U.S. Citizenship and Immigration
Services at the Department of Homeland Security.
Committee Consideration
The Committee met on July 24, 2018, to consider H.R. 6439,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by a recorded vote
of 20 yeas and 7 nays (Roll Call Vote No. 39).
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
The Committee on Homeland Security considered H.R. 6439 on
July 24, 2018, and took the following votes:
Committee on Homeland Security
Roll Call No. 39
H.R. 6439
On adopting adopted H.R. 6439 without amendment, by a
recorded vote of 20 yeas and 7 nays (Roll Call Vote No. 39).
The vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair....................... X ........ Mr. Thompson of ......... X
Mississippi, Ranking
Member.
Mr. Smith of Texas...................... ......... ........ Ms. Jackson Lee............ ......... X
Mr. King of New York.................... ......... ........ Mr. Langevin............... X .........
Mr. Rogers of Alabama................... X ........ Mr. Richmond............... ......... X
Mr. Barletta............................ X ........ Mr. Keating................ X .........
Mr. Perry............................... X ........ Mr. Payne.................. ......... .........
Mr. Katko............................... X ........ Mr. Vela................... ......... X
Mr. Hurd................................ X ........ Mrs. Watson Coleman........ ......... X
Ms. McSally............................. X ........ Miss Rice of New York...... X .........
Mr. Ratcliffe........................... X ........ Mr. Correa................. X .........
Mr. Donovan............................. X ........ Mrs. Demings............... ......... X
Mr. Gallagher........................... X ........ Ms. Barragan............... ......... X
Mr. Higgins of Louisiana................ X ........
Mr. Garrett............................. X ........
Mr. Fitzpatrick......................... X ........
Mr. Estes............................... X ........
Mr. Bacon............................... X ........
Mrs. Lesko.............................. X ........
---------------------
Vote Total................. 20 7
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
6439, the Biometric Identification Transnational Migration
Alert Program Authorization Act of 2018, would result in no new
or increased budget authority, entitlement authority, or tax
expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 6, 2018.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for Department of Homeland
Security legislation ordered reported by the Committee on
Homeland Security on July 24, 2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall,
Director.
Enclosure.
Department of Homeland Security Legislation
On July 24, the House Committee on Homeland Security
ordered two bills to be reported. The bills are:
H.R. 6198, the Countering Weapons of Mass
Destruction Act of 2018; and
H.R. 6439, the Biometric Identification
Transnational Migration Alert Program Authorization Act
of 2018.
Both bills would mostly codify programs that currently
exist at the Department of Homeland Security (DHS). CBO
estimates that enacting the bills would not significantly
affect spending by DHS.
Enacting the bills would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting the bills would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
Neither bill contains intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 6439 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The goal of this legislation is to authorize the Biometric
Identification Transnational Migration Alert Program (BITMAP)
within the Department of Homeland Security.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 6439 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 6439 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 6439 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``Biometric Identification Transnational Migration Alert
Program Authorization Act of 2018''.
Sec. 2. Authorization of the Biometric Identification Transnational
Migration Alert Program Authorization Act
This section establishes the Biometric Identification
Transnational Migration Alert Program (BITMAP) in the
Department of Homeland Security (DHS). The Committee believes
that the establishment of this program will address and reduce
threats to national security, increase border security, and
stop terrorist threats before such threats reach the border of
the United States. In carrying out BITMAP operations, this
section requires the DHS Secretary, acting through the Director
of U.S. Immigration and Customs Enforcement (ICE), to
coordinate--in consultation with the Secretary of State,
appropriate representatives of foreign governments, and other
appropriate Federal agencies--the facilitation of 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
threat to the national security of the United States. By
requiring the Secretary to act through the ICE Director in
carrying out BITMAP, the bill preserves the Secretary's
authority and discretion as the head of the Department, while
ensuring that BITMAP operations are executed by the proper law
enforcement component.
This section also requires the Secretary to provide
capabilities, including training and equipment, to partner
countries in order to collect biographic and biometric
information to identify, prevent, detect, and interdict high
risk individuals, as well as provide capabilities, including
training and equipment, to partner countries to compare foreign
data against appropriate U.S. national security, border
security, terrorist, immigration, and counterterrorism
databases maintained by the Federal Bureau of Investigation
(FBI), the Department of Defense, DHS, and others. In addition,
the section directs the Secretary to ensure that BITMAP
operations include participation from relevant components of
DHS, and request participation from other Federal agencies, as
appropriate.
Additionally, the section requires the Secretary, in
consultation with the Secretary of State, to enter into
agreements or arrangements with governments of foreign
countries that outline operations in those countries. It also
requires the Secretary to notify Congress at least 60 days
before an agreement with a foreign government enters into
force.
Lastly, the bill requires the Secretary, 180 days after the
date of enactment and for the subsequent five years, to submit
a report to Congress on the effectiveness of BITMAP operations
in enhancing national security, border security, and
counterterrorism operations.
The Committee believes that BITMAP is a valuable program
that facilitates the voluntary sharing of critical information
among Federal and international partners, which allows for the
identification, detection, and interdiction of high risk
individuals who may attempt to enter the United States
utilizing illicit pathways. The Committee believes that ICE-
Homeland Security Investigations (HSI), notwithstanding the
Secretary's discretion to assign specific authorities or
responsibilities to components within the Department, should
execute operations of BITMAP. The Committee believes that ICE-
HSI is uniquely positioned to contribute to the success of
BITMAP because its international workforce is the Department's
largest investigative presence abroad, which gives it one of
the largest international footprints in U.S. law enforcement.
ICE-HSI has broad legal authority to enforce a diverse array of
federal statutes and protect the homeland from numerous
threats. It uses these authorities to investigate all types of
cross-border criminal activity and to promote national
security.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
Sec. 2. Definitions.
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle D--Immigration Enforcement Functions
* * * * * * *
Sec. 447. Biometric Identification Transnational Migration Alert
Program.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle D--Immigration Enforcement Functions
* * * * * * *
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.
* * * * * * *
DISSENTING VIEWS
Department of Homeland Security's (DHS) programs to push
border security out beyond our air, land, and maritime
boundaries make our nation more secure. Two mature examples of
effective and tailored programs are U.S. Customs and Border
Protection's (CBP) Preclearance program, where CBP officers
inspect travelers prior to boarding U.S.-bound flights, and
Immigration and Customs Enforcement's (ICE) Visa Security
program, where ICE special agents are deployed to overseas
consulates to assist in visa vetting. To date, information
provided to Congress regarding the Biometric Identification
Transnational Migration Alert Program, or BITMAP program, which
ICE has been piloting overseas since 2010, is insufficient to
assess whether it, too, is effective and tailored. As such, I
opposed H.R. 6439, the ``Biometric Identification Transnational
Migration Alert Program (BITMAP) Authorization Act of 2018,'' a
bill to permanently authorizing this unproven program.
Prior to Committee consideration of H.R. 6439, on June 1,
2018, I wrote to Acting ICE Director Thomas Homan and requested
basic information to help the Committee assess this pilot
program that DHS officials have said anecdotally is effective.
I received a written response on July 12, 2018 that did not
fully address the questions I raised to help identify whether
there is evidence to support permanently authorizing BITMAP.
Given that DHS only began capturing significant amounts of
biometric data in 2016, it has not been able to furnish
Congress with an evidence-based analysis that justifies the
program as a counterterrorism tool. Basic questions about the
program remain unanswered. How are international partners
selected? After checks against databases, what does the U.S.
government do with the vast majority of records it collects on
migrants that are not found to have terrorist ties? What, if
any, protections exist to guard against ICE collecting highly-
personal and sensitive information from migrants who are
encountered nowhere near the U.S.-Mexico border and have no
intention of coming anywhere close to it?
At this time when mistrust of the Trump Administration
regarding border and immigration policies is high, it is
critical that Congress be provided answers to basic questions
about BITMAP. H.R. 6439 should not be presented to the full
House for consideration until such time as evidence has been
presented to Congress to establish the efficacy of the program
as a counterterrorism tool.
For the record, Congress does not need to act on
authorizing legislation for the BITMAP pilot to continue. Even
if no further action is taken on H.R. 6439, there is nothing
preventing DHS from continuing the BITMAP pilot and gathering
more data to come back to a future Congress with a
comprehensive account of the benefits of this program and its
accomplishments. BITMAP may very well prove to be an effective
counterterrorism program but the facts, as they currently
stand, do not support permanently authorizing it.
Bennie G. Thompson,
Ranking Member.
[all]