[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2045 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2045
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2021
Mr. McCaul (for himself, Mr. Cuellar, Mr. Katko, and Mr. Keating)
introduced the following bill; which was referred to the Committee on
Homeland Security
_______________________________________________________________________
A BILL
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.
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'' or the
``BITMAP Authorization Act''.
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;
``(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;
``(4) provide partner countries with training, guidance,
and best practices recommendations regarding the enrollment of
individuals in BITMAP; and
``(5) 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. Notwithstanding any other provision of law, the Secretary
may enter into agreements related to such participation on a
reimbursable or non-reimbursable basis, 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 sets forth program
goals for such country, includes training, guidance, and best practices
recommendations regarding the enrollment of individuals in BITMAP, and
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 or arrangement 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 such agreement or
arrangement to establish such operations, including the following:
``(1) The identification of 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) Goals for BITMAP operations in the foreign country.
``(4) The terms and conditions for Department personnel
operating at such location.
``(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 (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--
(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 related to expenditures in
support of BITMAP, including the source of funding and
anticipated expenditures;
(5) sets forth Department of Homeland Security personnel,
equipment, and infrastructure support to 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 brief 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 six months after the date of the
enactment of this Act and every three years thereafter, the Comptroller
General of the United States shall--
(1) conduct an audit that analyzes the effectiveness of
BITMAP operations; and
(2) submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report
containing the results of such audit.
(e) Sunset.--Section 447 of the Homeland Security Act of 2002, as
added by subsection (a), shall be repealed on the date that is six
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 new item:
``Sec. 447. Biometric Identification Transnational Migration Alert
Program.''.
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