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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-773
======================================================================
OFFICE OF BIOMETRIC IDENTITY MANAGEMENT AUTHORIZATION ACT OF 2018
_______
June 21, 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
[To accompany H.R. 5206]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 5206) to amend the Homeland Security Act of 2002
to establish the Office of Biometric Identity Management, and
for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 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............ 4
Duplicative Federal Programs..................................... 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Biometric Identity
Management Authorization Act of 2018'' or the ``OBIM Authorization Act
of 2018''.
SEC. 2. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et. seq.) is amended by adding at the end the following new
section:
``SEC. 710. OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.
``(a) Establishment.--The Office of Biometric Identity Management is
established within the Management Directorate of the Department.
``(b) Director.--
``(1) In general.--The Office of Biometric Identity
Management shall be administered by the Director of the Office
of Biometric Identity Management (in this section referred to
as the `Director') who shall report to the Secretary, or to
another official of the Department, as the Secretary may
direct.
``(2) Qualifications and duties.--The Director shall--
``(A) have significant professional management
experience, as well as experience in the field of
biometrics and identity management;
``(B) lead the Department's biometric identity
services to support anti-terrorism, counter-terrorism,
border security, credentialing, national security, and
public safety;
``(C) enable operational missions across the
Department by receiving, matching, storing, sharing,
and analyzing biometric and associated biographic and
encounter data;
``(D) deliver biometric identity information and
analysis capabilities to--
``(i) the Department and its components;
``(ii) appropriate Federal, State, local, and
tribal agencies;
``(iii) appropriate foreign governments; and
``(iv) appropriate private sector entities;
``(E) support the law enforcement, public safety,
national security, and homeland security missions of
other Federal, State, local, and tribal agencies, as
appropriate;
``(F) manage the operation of the Department's
primary biometric repository and identification system;
``(G) manage Biometric Support Centers to provide
biometric identification and verification analysis and
services to the Department, appropriate Federal, State,
local, and tribal agencies, appropriate foreign
governments, and appropriate private sector entities;
``(H) oversee the implementation of Department-wide
standards for biometric conformity, and work to make
such standards Government-wide;
``(I) in coordination with the Department's Office of
Policy, and in consultation with relevant component
offices and headquarters offices, enter into data
sharing agreements with appropriate Federal, State,
local, and foreign agencies to support immigration, law
enforcement, national security, and public safety
missions;
``(J) maximize interoperability with other Federal,
State, local, and foreign biometric systems, as
appropriate;
``(K) ensure the activities of the Office of
Biometric Identity Management are carried out in
compliance with the policies and procedures established
by the Privacy Officer appointed under section 222; and
``(L) carry out other duties and powers prescribed by
law or delegated by the Secretary.
``(c) Deputy Director.--There shall be in the Office of Biometric
Identity Management a Deputy Director, who shall assist the Director in
the management of the Office.
``(d) Other Authorities.--
``(1) In general.--The Director may establish such other
offices within the Office of Biometric Identity Management as
the Director determines necessary to carry out the missions,
duties, functions, and authorities of the Office.
``(2) Notification.--If the Director exercises the authority
provided by paragraph (1), the Director shall notify the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate not later than 30 days before exercising such
authority.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by adding after the item
relating to section 709 the following new item:
``Sec. 710. Office of Biometric Identity Management.''.
Purpose and Summary
H.R. 5206 authorizes the Office of Biometric Identity
Management (OBIM) within the Department of Homeland Security
(DHS). OBIM manages the Department's primary biometric
repository and provides biometric identity services to DHS
components and other Federal agencies in support of anti-
terrorism, counterterrorism, border security, credentialing,
national security, and public safety efforts.
OBIM's biometric matching capabilities support the storing,
sharing, and analyzing of biometric data, such as fingerprint,
facial and iris records.
Background and Need for Legislation
OBIM provides the Department of Homeland Security and other
Federal agencies with biometric identity services that enable
national security and public safety decision making across the
U.S. Government.
The office also supports the Department's efforts to
complete a biometric exit system, which is one of the
recommendations of the 9/11 Commission. The completion of the
biometric exit system is vital in order to prevent visa
overstays and assist with investigations of visa overstays.
Biometric identity technology enhances the security of our
citizens, facilitates legitimate travel and trade, and bolsters
the integrity of our immigration system.
This important national security program has never been
formally codified into law.
Hearings
No hearings were held on H.R. 5206 in the 115th Congress.
Committee Consideration
The Committee met on June 6, 2018, to consider H.R. 5206,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by unanimous consent. The
Committee took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Ms.
McSally (#1); was AGREED TO, as amended, by unanimous consent.
An amendment by Mrs. Watson Coleman to the Amendment in the
Nature of a Substitute (#1A); was AGREED TO by unanimous
consent.
Page 4, line 3, strike ``and'' after the semicolon at the end.
Page 4, beginning line 4, insert the following (and make necessary
conforming changes):
(K) ensure the activities of the Office of Biometric Identity
Management are carried out in compliance with the policies and
procedures established by the Privacy Officer appointed under section
222; and
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 consideration of
H.R.5206.
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.
5206, the Office of Biometric Identity Management Authorization
Act of 2018, would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
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. 5206 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The general performance goal or objective of H.R. 5206 is
to codify the Office of Biometric Identity Management within
the Department of Homeland Security's Management Directorate.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 4911 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
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
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. 5206 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 5206 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
``Office of Biometric Identity Management Authorization Act of
2018'' or the ``OBIM Authorization Act of 2018''.
Section 2. Establishment of the Office of Biometric Identity
Management.
This section authorizes the Office of Biometric Identity
Management within the Department of Homeland Security
Management Directorate. OBIM will be administered by a Director
with specified qualifications and duties.
The Committee believes biometric identity records are an
important national security tool and that OBIM plays a
significant role in efforts to complete a biometric exit
system. A mandate to electronically track entries and exits
from the country has been in place for more than 20 years, and
a mandate for a biometric-based entry-exit system has been a
statutory requirement for 12 years.
This section authorizes the Director of OBIM to collaborate
with the Under Secretary for Science and Technology to
establish a Department-wide research and development program to
promote innovation and updates to its biometric identity
services.
This section also prevents the location or reporting
structure transfer of OBIM to any component within the
Department. Because of the importance of biometrics to many DHS
components and other Federal agencies, the Committee believes
OBIM is best suited to reside within the Management
Directorate.
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.
* * * * * * *
TITLE VII--MANAGEMENT
* * * * * * *
Sec. 710. Office of Biometric Identity Management.
* * * * * * *
TITLE VII--MANAGEMENT
* * * * * * *
SEC. 710. OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.
(a) Establishment.--The Office of Biometric Identity
Management is established within the Management Directorate of
the Department.
(b) Director.--
(1) In general.--The Office of Biometric Identity
Management shall be administered by the Director of the
Office of Biometric Identity Management (in this
section referred to as the ``Director'') who shall
report to the Secretary, or to another official of the
Department, as the Secretary may direct.
(2) Qualifications and duties.--The Director shall--
(A) have significant professional management
experience, as well as experience in the field
of biometrics and identity management;
(B) lead the Department's biometric identity
services to support anti-terrorism, counter-
terrorism, border security, credentialing,
national security, and public safety;
(C) enable operational missions across the
Department by receiving, matching, storing,
sharing, and analyzing biometric and associated
biographic and encounter data;
(D) deliver biometric identity information
and analysis capabilities to--
(i) the Department and its
components;
(ii) appropriate Federal, State,
local, and tribal agencies;
(iii) appropriate foreign
governments; and
(iv) appropriate private sector
entities;
(E) support the law enforcement, public
safety, national security, and homeland
security missions of other Federal, State,
local, and tribal agencies, as appropriate;
(F) manage the operation of the Department's
primary biometric repository and identification
system;
(G) manage Biometric Support Centers to
provide biometric identification and
verification analysis and services to the
Department, appropriate Federal, State, local,
and tribal agencies, appropriate foreign
governments, and appropriate private sector
entities;
(H) oversee the implementation of Department-
wide standards for biometric conformity, and
work to make such standards Government-wide;
(I) in coordination with the Department's
Office of Policy, and in consultation with
relevant component offices and headquarters
offices, enter into data sharing agreements
with appropriate Federal, State, local, and
foreign agencies to support immigration, law
enforcement, national security, and public
safety missions;
(J) maximize interoperability with other
Federal, State, local, and foreign biometric
systems, as appropriate;
(K) ensure the activities of the Office of
Biometric Identity Management are carried out
in compliance with the policies and procedures
established by the Privacy Officer appointed
under section 222; and
(L) carry out other duties and powers
prescribed by law or delegated by the
Secretary.
(c) Deputy Director.--There shall be in the Office of
Biometric Identity Management a Deputy Director, who shall
assist the Director in the management of the Office.
(d) Other Authorities.--
(1) In general.--The Director may establish such
other offices within the Office of Biometric Identity
Management as the Director determines necessary to
carry out the missions, duties, functions, and
authorities of the Office.
(2) Notification.--If the Director exercises the
authority provided by paragraph (1), the Director shall
notify the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate not
later than 30 days before exercising such authority.
* * * * * * *
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