[DOCID: f:hr751.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-751
======================================================================
A BILL TO REQUIRE THE SECRETARY OF HOMELAND SECURITY TO CONDUCT A
PROGRAM IN THE MARITIME ENVIRONMENT FOR THE MOBILE BIOMETRIC
IDENTIFICATION OF SUSPECTED INDIVIDUALS, INCLUDING TERRORISTS, TO
ENHANCE BORDER SECURITY
_______
July 10, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 2490]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2490) to require the Secretary of Homeland
Security to conduct a pilot program for the mobile biometric
identification in the maritime environment of aliens unlawfully
attempting to enter the United States, having considered the
same, report favorably thereon with amendments and recommend
that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Statement of General Performance Goals and Objectives............ 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Advisory Committee Statement..................................... 4
Constitutional Authority Statement............................... 4
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. MARITIME BIOMETRIC IDENTIFICATION.
(a) In General.--Within one year after the date of the enactment of
this Act, the Secretary of Homeland Security, acting through the
Commandant of the Coast Guard, shall conduct, in the maritime
environment, a program for the mobile biometric identification of
suspected individuals, including terrorists, to enhance border security
and for other purposes.
(b) Requirements.--The Secretary shall ensure the program required in
this section is coordinated with other biometric identification
programs within the Department of Homeland Security.
(c) Cost Analysis.--Within 90 days after the date of the enactment of
this Act, the Secretary shall submit to the Committees on
Appropriations and Homeland Security of the House of Representatives
and the Committees on Appropriations and Homeland Security and
Governmental Affairs of the Senate an analysis of the cost of expanding
the Coast Guard's biometric identification capabilities for use by the
Coast Guard's Deployable Operations Group, cutters, stations, and other
deployable maritime teams considered appropriate by the Secretary, and
any other appropriate Department of Homeland Security maritime vessels
and units. The analysis may include a tiered plan for the deployment of
this program that gives priority to vessels and units more likely to
encounter individuals suspected of making illegal border crossings
through the maritime environment.
(d) Definition.--For the purposes of this section, the term
``biometric identification'' means use of fingerprint and digital
photography images.
Amend the title so as to read:
A bill to require the Secretary of Homeland Security to
conduct a program in the maritime environment for the mobile
biometric identification of suspected individuals, including
terrorists, to enhance border security.
Purpose and Summary
The purpose of H.R. 2490 is to require the Secretary of
Homeland Security to conduct a pilot program for the mobile
biometric identification in the maritime environment of aliens
unlawfully attempting to enter the United States.
Background and Need for Legislation
This bill authorizes a program that has been successful
since its launch in November 2006. The ``Biometric
Identification At Sea Pilot Project'' has allowed the Coast
Guard to collect biometrics from aliens interdicted in the
Caribbean to run against terrorist and criminal databases. It
has proven itself to be an effective partnership between the
Coast Guard and Federal law enforcement. Under this program,
the Coast Guard has collected biometric information from over
1,100 migrants, using state-of-the-art handheld scanners. As a
result, 257 migrants with criminal records were identified and
72 were brought ashore for prosecution under U.S. laws. This
program breaks the cycle--migrants with criminal histories are
no longer being repatriated without prosecution.
Hearings
No Committee hearings were held on H.R. 2490.
Committee Consideration
H.R. 2490 was introduced in the House on May 24, 2007, by
Mr. Bilirakis and three original co-sponsors and was referred
solely to the Committee on Homeland Security. Within the
Committee H.R. 2490 was referred to the Subcommittee on Border,
Maritime, and Global Counterterrorism.
On June 26, 2008, the Subcommittee on Border, Maritime, and
Global Counterterrorism was discharged from further
consideration of H.R. 2490.
The Full Committee considered H.R. 2490 on June 26, 2008,
and ordered the measure reported to the House, amended, with a
favorable recommendation.
The Committee adopted the measure, as amended, by unanimous
consent.
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by
Mr. Bilirakis (#1); was AGREED TO by unanimous consent.
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.
No recorded votes were requested during Committee
consideration.
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.
2490, 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, July 8, 2008.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2490, a bill to
require the Secretary of Homeland Security to conduct a program
in the maritime environment for the mobile biometric
identification of suspected individuals, including terrorists,
to enhance border security.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
Enclosure.
H.R. 2490--A bill to require the Secretary of Homeland Security to
conduct a program in the maritime environment for the mobile
biometric identification of suspected individuals, including
terrorists, to enhance border security
H.R. 2940 would require the U.S. Coast Guard to carry out a
program using mobile biometric identification tools to identify
terrorists and other individuals who pose risks to border
security. Biometric identification uses fingerprint and digital
photography images.
Based on information provided by the Coast Guard, CBO
estimates that implementing H.R. 2940 would have no effect on
the federal budget because the agency has already carried out
pilot projects using biometric identification and is adopting
the technique for its homeland security activities.
H.R. 2940 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The staff contact for this estimate is Deborah Reis. The
estimate was approved by Peter H. Fontaine, Assistant Secretary
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. 2490, contains the following
general performance goals, and objectives, including outcome
related goals and objectives authorized.
The legislation will ensure the continuance of this
successful program by mandating it in statute. No longer are
migrants with criminal histories being repatriated without
prosecution. Now, they are being prosecuted and as result, the
number of migrants with criminal histories attempting to enter
the United States via the Mona Pass has decreased. The
expansion of this program to areas outside of the Mona Pass
will hopefully show similar results.
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(d), 9(e), or 9(f) 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.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 1, which grants Congress the power
to provide for the common Defense of the United States.
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. Biometric Identification of Unauthorized Aliens.
This section requires the Secretary of Homeland Security
(Secretary) to conduct, in a maritime environment, a program
for the mobile biometric identification of suspected
individuals, including terrorists, to enhance border security
and for other purposes. The Secretary is responsible for
coordinating this program with other programs within the
Department. Within 90 days after the date of enactment, the
Secretary is also responsible for submitting an analysis of the
cost of expanding the program. The analysis may included a
tiered plan for giving priority to vessels and units more
likely to encounter individuals suspected of making illegal
border crossing through the maritime environment. For purposes
of the bill, ``biometric identification'' means use of
fingerprint and digital photography images.
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