H.R. 6439House115th Congress (2017-2019)Passed House

Biometric Identification Transnational Migration Alert Program Authorization Act of 2018

Introduced July 19, 2018

AI-Generated Summary

Updated April 15, 2026 at 11:09 PM UTC

The Biometric Identification Transnational Migration Alert Program Authorization Act creates a new DHS program called BITMAP to collect and share biometric and biographic data on foreign nationals with partner countries. It aims to identify and stop individuals who could pose terrorist, national‑security, or border‑security threats before they reach the United States. The law affects DHS, ICE, U.S. law‑enforcement databases, foreign governments that become partners, and any foreign nationals whose data is collected.

Key Provisions

  • Establishes BITMAP within DHS, directed by the ICE Director, to coordinate voluntary biometric data sharing with foreign governments and other federal agencies
  • Requires DHS to provide training, equipment, and guidance to partner countries for collecting and comparing biometric data against U.S. security databases such as the FBI’s Terrorist Screening Database and other biometric systems
  • Mandates agreements with any new foreign partner country, with prior notification to the House and Senate Homeland Security committees
  • Orders that any biometric data of U.S. citizens collected through BITMAP be removed from databases unless needed for law‑enforcement or intelligence purposes
  • Requires the Secretary to submit an initial report within 180 days of BITMAP’s launch and annual reports for five years detailing goals, partner activity, budgets, enrollments, and effectiveness
  • Calls for briefings to congressional committees on BITMAP enrollees apprehended at the border and on related asylum claims
  • Directs the GAO to audit BITMAP’s effectiveness within six months of enactment and every three years thereafter
  • Sets a sunset provision that repeals the BITMAP authority six years after the law’s enactment

Legislative Activity

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17 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 724.

December 5, 2018

View full timeline
HouseIntro Referral

Introduced in House

July 19, 2018

HouseIntro Referral

Referred to the House Committee on Homeland Security.

July 19, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

July 24, 2018

HouseCommittee

Ordered to be Reported (Amended) by Unanimous Consent.

July 24, 2018

HouseCommittee

Reported by the Committee on Homeland Security. H. Rept. 115-909.

August 28, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 705.

August 28, 2018

HouseFloor

Mr. McCaul moved to suspend the rules and pass the bill.

September 4, 2018 • 4:33 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR S7786-7789)

September 4, 2018 • 4:34 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 6439.

September 4, 2018 • 4:34 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

September 4, 2018 • 4:51 PM

HouseFloor

Considered as unfinished business. (consideration: CR S7806)

September 4, 2018 • 6:55 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 272 - 119 (Roll no. 381).(text: CR H7786-7787)

September 4, 2018 • 7:03 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 272 - 119 (Roll no. 381). (text: CR H7786-7787)

September 4, 2018 • 7:03 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 4, 2018 • 7:03 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

September 5, 2018

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.

September 26, 2018

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-419.

December 5, 2018

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 724.

December 5, 2018

Floor Debate

9 members

What members said about H.R. 6439 on the floor

2 Republicans7 Democrats
Bennie G. Thompson
Rep. Bennie G. ThompsonD-MS-2 · Sep 4, 2018

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…

Rosa L. DeLauro
Rep. Rosa L. DeLauroD-CT-3 · Sep 4, 2018

Mr. Speaker, I have a motion to instruct at the desk. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks. Mr. Speaker, I yield myself…

Michael T. McCaul
Rep. Michael T. McCaulR-TX-10 · Sep 4, 2018

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…

Tom Cole
Rep. Tom ColeR-OK-4 · Sep 4, 2018

Mr. Speaker, pursuant to clause 1 of rule XXII and by direction of the Committee on Appropriations, I have a motion at the desk. Mr. Speaker, this is a necessary step to continue to move the fiscal…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Sep 4, 2018

Mr. Speaker, I rise in support of the motion to instruct, but also to call for the inclusion of one specific improvement to the Labor-HHS appropriations bill that makes it clear that taxpayer money…

Show 5 more
Nita M. Lowey
Rep. Nita M. LoweyD-NY-17 · Sep 4, 2018

Mr. Speaker, I rise in support of the motion to instruct conferees to reject the right-wing House Labor-HHS-Education appropriations bill and, instead, support the Senate's bipartisan compromise. The…

Dina Titus
Rep. Dina TitusD-NV-1 · Sep 10, 2018

Mr. Speaker, I was absent September 4, 2018 through September 7, 2018. If I were present, I would have voted on the following: Tuesday, September 4, 2018 Roll no. 380--H.R. 6157--On Motion to…

William R. Keating
Rep. William R. KeatingD-MA-9 · Sep 6, 2018

Mr. Speaker, on September 4, 2018, Massachusetts held its state primary elections. I was therefore unable to be present for the vote on the Democratic Motion to Instruct Conferees on H.R. 6157, the…

Eric Swalwell
Rep. Eric SwalwellD-CA-15 · Sep 6, 2018

Mr. Speaker, I missed votes on Tuesday, September 4. Had I been present, I would have voted as follows: On Roll Call Vote Number 380 (Motion to Instruct Conferees on H.R. 6157, the Department of…

Eric Swalwell
Rep. Eric SwalwellD-CA-15 · Nov 29, 2018

Mr. Speaker, I missed votes on Friday, November 16. Had I been present, I would have voted as follows: Roll Call Vote Number 419 (Passage of H.R. 5787, the Strengthening Coastal Communities Act):…

Bill Text

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Latest
Reported to SenateIssued December 5, 2018

II

Calendar No. 724

115th CONGRESS

2d Session

H. R. 6439

[Report No. 115–419]

IN THE SENATE OF THE UNITED STATES

September 5, 2018

Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs

December 5, 2018

Reported by Mr. Johnson, with amendments

Omit the part struck through and insert the part printed in italic

AN ACT

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.

1.

Short title

This Act may be cited as the Biometric Identification Transnational Migration Alert Program Authorization Act of 2018.

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:

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)

provide partner countries with training, guidance, and best practices recommendations regarding the enrollment of individuals in BITMAP; and

(4)(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.

(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 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)

goals for BITMAP operations in the foreign country; and

(3)(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 the information 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 details the effectiveness of BITMAP operations in enhancing national security, border security, and counterterrorism operations. 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 the anticipated expenditures;

(5)

sets forth the department 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 section 447(b)(4) of the Homeland Security Act of 2002, as added by subsection (a);

(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

Shortly 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 6 months after the date of the enactment of this Act, and every 3 years thereafter, the Comptroller General of the United States shall—

(1)

conduct an audit that analyzes the effectiveness of BITMAP operations; and

(2)

submit a report containing the results of such audit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.

(e)

Sunset

Section 447 of the Homeland Security Act of 2002, as added by subsection (a) shall be repealed on the date that is 6 years after the date of the enactment of this Act.

(c)(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.

.

December 5, 2018

Reported with amendments