Biometric Identification Transnational Migration Alert Program Authorization Act of 2019

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Biometric Identifica- 4 tion Transnational Migration Alert Program Authoriza- 5 tion Act of 2019’’. 6 VerDate Sep 11 2014 02:43 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1933.IS S1933 kjohnson on DSK79L0C42 with BILLS 2 •S 1933 IS SEC. 2. BIOMETRIC IDENTIFICATION TRANSNATIONAL MI- 1 GRATION ALERT PROGRAM. 2 (a) IN GENERAL.—Subtitle D of title IV of the 3 Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) 4 is amended by adding at the end the following: 5 ‘‘SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL 6 MIGRATION ALERT PROGRAM. 7 ‘‘(a) ESTABLISHMENT.—There is established in the 8 Department a program, which shall be known as the ‘Bio- 9 metric Identification Transnational Migration Alert Pro- 10 gram’ (referred to in this section as ‘BITMAP’) to address 11 and reduce national security, border security, and terrorist 12 threats before such threats reach the international border 13 of the United States. 14 ‘‘(b) DUTIES.—In carrying out BITMAP operations, 15 the Secretary, acting through the Director of U.S. Immi- 16 gration and Customs Enforcement, shall— 17 ‘‘(1) coordinate, in consultation with the Sec- 18 retary of State, appropriate representatives of for- 19 eign governments, and the heads of other Federal 20 agencies, as appropriate, the voluntary sharing of bi- 21 ometric and biographic information collected from 22 foreign nationals to screen such nationals and iden- 23 tify those who may pose a terrorist threat or a 24 threat to national security or border security; 25 VerDate Sep 11 2014 02:43 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1933.IS S1933 kjohnson on DSK79L0C42 with BILLS 3 •S 1933 IS ‘‘(2) provide capabilities, including training and 1 equipment, to partner countries to voluntarily collect 2 biometric and biographic identification data from in- 3 dividuals to identify, prevent, detect, and interdict 4 high risk individuals identified as national security, 5 border security, or terrorist threats who may at- 6 tempt to enter the United States utilizing illicit 7 pathways; 8 ‘‘(3) provide capabilities, including training and 9 equipment, to partner countries to compare foreign 10 data against appropriate United States national se- 11 curity, border security, terrorist, immigration, and 12 counter-terrorism data, including— 13 ‘‘(A) the Federal Bureau of Investigation’s 14 Terrorist Screening Database, or successor 15 database; 16 ‘‘(B) the Federal Bureau of Investigation’s 17 Next Generation Identification database, or suc- 18 cessor database; 19 ‘‘(C) the Department of Defense Auto- 20 mated Biometric Identification System (com- 21 monly known as ‘ABIS’), or successor database; 22 ‘‘(D) the Department’s Automated Biomet- 23 ric Identification System (commonly known as 24 ‘IDENT’), or successor database; and 25 VerDate Sep 11 2014 02:43 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1933.IS S1933 kjohnson on DSK79L0C42 with BILLS 4 •S 1933 IS ‘‘(E) any other database, notice, or means 1 that the Secretary designates, in consultation 2 with the heads of other Federal departments 3 and agencies responsible for such database, no- 4 tice, or means; 5 ‘‘(4) provide partner countries with training, 6 guidance, and best practices recommendations re- 7 garding the enrollment of individuals in BITMAP; 8 and 9 ‘‘(5) ensure that biometric and biographic iden- 10 tification data collected pursuant to BITMAP are 11 incorporated into appropriate United States Govern- 12 ment databases, in compliance with the policies and 13 procedures established by the Privacy Officer ap- 14 pointed under section 222. 15 ‘‘(c) COLLABORATION.—The Secretary— 16 ‘‘(1) shall ensure that BITMAP operations in- 17 clude participation from relevant components of the 18 Department; 19 ‘‘(2) may request that other Federal agencies 20 participate in BITMAP, as appropriate; and 21 ‘‘(3) notwithstanding any other provision of 22 law, may enter into agreements related to such par- 23 ticipation on a reimbursable or nonreimbursable 24 basis, as appropriate. 25 VerDate Sep 11 2014 02:43 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1933.IS S1933 kjohnson on DSK79L0C42 with BILLS 5 •S 1933 IS ‘‘(d) AGREEMENTS.— 1 ‘‘(1) IN GENERAL.—Before carrying out 2 BITMAP operations in a foreign country that, as of 3 the date of the enactment of this section, was not 4 a partner country referred to in subsection (b), the 5 Secretary, in consultation with the Secretary of 6 State, shall enter into agreement or arrangement 7 with the government of such country that— 8 ‘‘(A) sets forth program goals for such 9 country; 10 ‘‘(B) includes training, guidance, and best 11 practices recommendations regarding the enroll- 12 ment of individuals in BITMAP; and 13 ‘‘(C) outlines such operations in such coun- 14 try, including related departmental operations. 15 ‘‘(2) EFFECT OF AGREEMENT.—A country that 16 enters into an agreement or arrangement under 17 paragraph (1) shall be deemed to be a partner coun- 18 try under subsection (b) for the purpose of such 19 agreement or arrangement. 20 ‘‘(e) CONGRESSIONAL NOTIFICATION.—Not later 21 than 60 days before an agreement or arrangement de- 22 scribed in subsection (d) enters into force, the Secretary 23 shall submit a copy of such agreement or arrangement to 24 the Committee on Homeland Security and Governmental 25 VerDate Sep 11 2014 02:43 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1933.IS S1933 kjohnson on DSK79L0C42 with BILLS 6 •S 1933 IS Affairs of the Senate and the Committee on Homeland 1 Security of the House of Representatives with a copy of 2 such agreement or arrangement to establish such oper- 3 ations, which shall identify— 4 ‘‘(1) the foreign country with which the Sec- 5 retary intends to enter into such an agreement or 6 arrangement; 7 ‘‘(2) the location at which such operations will 8 be conducted; 9 ‘‘(3) the goals for BITMAP operations in the 10 foreign country; and 11 ‘‘(4) the terms and conditions for Department 12 personnel operating at the location referred to in 13 paragraph (2). 14 ‘‘(f) CAPTURED INFORMATION OF UNITED STATES 15 CITIZENS.—The Secretary shall ensure that any biometric 16 and biographic identification data of United States citi- 17 zens that is captured by BITMAP operations is expunged 18 from all databases to which such data was uploaded, un- 19 less such data is retained for specific law enforcement or 20 intelligence purposes.’’. 21 (b) REPORT.—Not later than 180 days after the date 22 on which the Biometric Identification Transnational Mi- 23 gration Alert Program (referred to in this section as 24 ‘‘BITMAP’’) is established under section 447 of the 25 VerDate Sep 11 2014 02:43 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1933.IS S1933 kjohnson on DSK79L0C42 with BILLS 7 •S 1933 IS Homeland Security Act of 2002, as added by subsection 1 (a), and annually thereafter for the following 5 years, the 2 Secretary of Homeland Security shall submit a report to 3 the Committee on Homeland Security and Governmental 4 Affairs of the Senate and the Committee on Homeland 5 Security of the House of Representatives that— 6 (1) outlines the strategic goals and operational 7 plans for BITMAP; 8 (2) outlines key efforts and the progress made 9 with each partner country; 10 (3) provides a description of the agreement or 11 arrangement with the government of each partner 12 country, if practicable; 13 (4) provides budget information relating to ex- 14 penditures in support of BITMAP, including the 15 source of funding and anticipated expenditures; 16 (5) identifies the Department of Homeland Se- 17 curity personnel, equipment, and infrastructure sup- 18 port that will be used by BITMAP, broken down by 19 country and number; 20 (6) includes the number of individuals each 21 partner country enrolled into BITMAP during the 22 reporting period, broken down by key categories, as 23 determined by U.S. Immigration and Customs En- 24 forcement; 25 VerDate Sep 11 2014 02:43 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1933.IS S1933 kjohnson on DSK79L0C42 with BILLS 8 •S 1933 IS (7) includes the training, guidance, and best 1 practices recommendations provided pursuant to 2 subsection (b)(4) of such section 447; 3 (8) includes a review of the redress process for 4 BITMAP; and 5 (9) details the effectiveness of BITMAP oper- 6 ations in enhancing national security, border secu- 7 rity, and counterterrorism operations. 8 (c) BRIEFINGS.—Not later than 30 days after each 9 report is submitted pursuant to subsection (b), the Sec- 10 retary of Homeland Security shall provide a briefing to 11 the Committee on Homeland Security and Governmental 12 Affairs of the Senate and the Committee on Homeland 13 Security of the House of Representatives regarding— 14 (1) individuals enrolled in BITMAP who have 15 been apprehended at the United States border or in 16 the interior of the United States; and 17 (2) asylum claims that were submitted by indi- 18 viduals who are enrolled in BITMAP. 19 (d) GAO AUDIT.—Not later than 6 months after the 20 date of the enactment of this Act, and every 3 years there- 21 after, the Comptroller General of the United States 22 shall— 23 (1) conduct an audit that analyzes the effective- 24 ness of BITMAP operations; and 25 VerDate Sep 11 2014 02:43 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1933.IS S1933 kjohnson on DSK79L0C42 with BILLS 9 •S 1933 IS (2) submit a report containing the results of 1 such audit to the Committee on Homeland Security 2 and Governmental Affairs of the Senate and the 3 Committee on Homeland Security of the House of 4 Representatives. 5 (e) SUNSET.—Section 447 of the Homeland Security 6 Act of 2002, as added by subsection (a), shall be repealed 7 on the date that is 6 years after the date of the enactment 8 of this Act. 9 (f) CLERICAL AMENDMENT.—The table of contents 10 in section 1(b) of the Homeland Security Act of 2002 is 11 amended by inserting after the item relating to section 12 446 the following: 13 ‘‘Sec. 447. Biometric Identification Transnational Migration Alert Program.’’. Æ VerDate Sep 11 2014 02:43 Jun 22, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S1933.IS S1933 kjohnson on DSK79L0C42 with BILLS