[House Report 115-773]
[From the U.S. Government Publishing Office]


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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