[Senate Report 115-413]
[From the U.S. Government Publishing Office]
Calendar No. 717
115th Congress } { Report
SENATE
2d Session } { 115-413
_______________________________________________________________________
OFFICE OF BIOMETRIC IDENTITY
MANAGEMENT AUTHORIZATION
ACT OF 2018
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 5206
TO AMEND THE HOMELAND SECURITY ACT OF 2002
TO ESTABLISH THE OFFICE OF BIOMETRIC IDENTITY MANAGEMENT, AND FOR OTHER
PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 4, 2018.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
89-010 WASHINGTON : 2018
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma HEIDI HEITKAMP, North Dakota
MICHAEL B. ENZI, Wyoming GARY C. PETERS, Michigan
JOHN HOEVEN, North Dakota MAGGIE HASSAN, New Hampshire
STEVE DAINES, Montana KAMALA D. HARRIS, California
JON KYL, Arizona DOUG JONES, Alabama
Christopher R. Hixon, Staff Director
Gabrielle D'Adamo Singer, Chief Counsel
Christopher S. Boness, Professional Staff Member
Margaret E. Daum, Minority Staff Director
Charles A. Moskowitz, Minority Senior Legislative Counsel
Subhasri Ramanathan, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 717
115th Congress } { Report
SENATE
2d Session } { 115-413
======================================================================
OFFICE OF BIOMETRIC IDENTITY MANAGEMENT AUTHORIZATION ACT OF 2018
_______
December 4, 2018.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany H.R. 5206]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which 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, reports favorably thereon with amendments
and recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis......................................4
V. Evaluation of Regulatory Impact..................................4
VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Act, as Reported.............5
I. Purpose and Summary
H.R. 5206, the Office of Biometric Identity Management
Authorization Act of 2018, codifies the Office of Biometric
Identity Management (OBIM) and moves the office to the
Management Directorate of the Department of Homeland Security
(DHS or the Department). Additionally, the Act defines the
qualifications and duties of the Director and Deputy Director
of the office.
II. Background and the Need for Legislation
The National Commission on Terrorist Attacks upon the
United States, better known as the 9/11 Commission, recommended
that DHS swiftly establish a biometric entry-exit screening
system for travelers coming in and out of the United States.\1\
In response to this recommendation, Congress required the
Secretary for Homeland Security to develop a plan to
``accelerate the full implementation of an automated biometric
entry and exit data system.''\2\ In 2004 DHS began collected
biometric entry data through their United States Visitor and
Immigration Status Indicator Technology (US-VISIT) program.\3\
However, DHS has yet to implement a full biometric entry-exit
screening system for travelers.\4\
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\1\Nat'l Comm'n on Terrorist Attacks upon the United States, The 9/
11 Commission Report, 389 (2004), available at https://www.9-
11commission.gov/report/911Report.pdf.
\2\8 U.S.C. 1365b Sec. 7208 et seq. (Pub. L. 108-458).
\3\Gov't Accountability Office, GAO-17-170, DHS Has Made Progress
in Planning for a Biometric Air Exit System and Reporting Overstays,
but Challenges Remain 3 (2017), available at https://www.gao.gov/
assets/690/683690.pdf.
\4\Id.
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The Department created OBIM in March 2013 to replace the
US-VISIT program.\5\ The biometric identification program was
moved from U.S. Customs and Border Protection (CBP) to an
office within the National Protection and Programs Directorate
(NPPD).\6\
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\5\Office of Biometric Identity Mgmt., Dep't of Homeland Sec. (Feb.
20, 2018), available at https://www.dhs.gov/obim.
\6\Consolidated and Further Continuing Appropriations Act, 2013,
Pub. L. 113-6, Sec. 127 Stat. 356 (2013).
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OBIM's stated mission is to ``provide the Department of
Homeland Security and its mission partners with biometric
identity services that enable national security and public
safety decision making,'' and currently has the largest
database of fingerprints within the Federal Government.\7\\8\
Biometric data, such as fingerprints, facial recognition, and
other unique identifiers, is used to verify the identity of
U.S. persons and non-citizens. Agencies within DHS, like CBP
and U.S. Citizenship and Immigration Services, use biometric
data to check identities against watch lists and ensure the
validity of documents when presented to Federal officers.\9\
OBIM also provides biometric services to and shares information
with other Federal agencies as well as state and local
governments.\10\
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\7\Office of Biometric Identity Mgmt., Dep't of Homeland Sec.,
supra note 5.
\8\Biometrics, Dep't of Homeland Sec. (Feb. 6, 2017), available at
https://www.dhs.gov/
biometrics.
\9\Office of Biometric Identity Mgmt. Identification Servs., Dep't
of Homeland Sec. (Feb. 10, 2016), available at https://www.dhs.gov/
obim-biometric-identification-services.
\10\Office of Biometric Identity Mgmt., Dep't of Homeland Sec.,
supra note 5.
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In 2016, CBP took the first steps to implement biometric
exit at select airports in the United States.\11\ Photographs
of departing travelers on international flights will be
captured as biometric data that validates exit from the
U.S.\12\ CBP also launched a pilot that includes facial
recognition biometric technology at airports.\13\ The pilot
includes a number of privacy provisions so that the program
adheres to current privacy laws and regulations.\14\
Additionally, no new biometric information is collected--the
facial recognition images are matched against existing data,
and CBP deletes facial images within hours.\15\
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\11\Biometric Air Exit, U.S. Customs & Border Protection, Dep't of
Homeland Sec. (January 4, 2018), available at https://www.cbp.gov/
travel/biometrics/air-exit.
\12\Id.
\13\Id.
\14\Id.
\15\Id.
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On April 28, 2015, the Committee held a roundtable to
examine DHS' efforts to implement a full biometric entry and
exit system.\16\ Officials from DHS' Science and Technology
Directorate, CBP, and Office of Policy, as well as a former
counsel to the 9/11 Commission and the American Association of
Airport Executives testified on the benefits, challenges, and
implications of a full biometric entry and exit system.\17\ In
her testimony, Janice Kephart, former counsel for the 9/11
Commission, stated, ``Tracking the arrival and departure of
foreign visitors to the United States is an essential part of
immigration control, law enforcement and national
security.''\18\
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\16\Securing the Border: Biometric Entry and Exit at our Ports of
Entry: Roundtable Before the S. Comm. on Homeland Sec. & Governmental
Affairs, 114th Cong. (2015).
\17\Id.
\18\Id. (testimony of Janice Kephart, former Counsel to the
National Commission on Terrorist Attacks Upon the United States).
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This Act transfers OBIM from NPPD to the DHS Management
Directorate. NPPD's mission is focused on the cybersecurity and
physical security of the nation's critical infrastructure
systems including election systems, government buildings, and
other sectors.\19\ OBIM's mission is not appropriately aligned
within NPPD's mission. On November 16, 2018, the President
signed the Cybersecurity and Infrastructure Security Agency Act
of 2018, an Act to reform NPPD and rename it the Cybersecurity
and Infrastructure Security Agency (CISA).\20\ That legislation
realigned CISA to focus squarely on cybersecurity and critical
infrastructure protection. It also contains a provision to move
OBIM out of NPPD and into the Management Directorate.
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\19\National Protection and Programs Directorate, Dep't of Homeland
Sec. (July 14, 2017), available at https://www.dhs.gov/national-
protection-and-programs-directorate.
\20\Pub. L. No. 115-278 (2018).
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Additionally, a 2018 DHS Office of Inspector General report
highlighted concerns that DHS components, such as the
Transportation Security Administration and CBP, are not
properly coordinating or sharing their biometric data.\21\
Moving OBIM to the Management Directorate, as a direct report
to the Secretary for Homeland Security, allows DHS to better
integrate biometric systems and share information across DHS
and the entire Federal Government. The purpose of the
Management Directorate is to facilitate communication and
clearly define responsibilities so that DHS components and
offices are effective and efficient.\22\ The Act codifies OBIM
for the first time, placing it within the Management
Directorate, specifies the qualifications and duties of the
Director of the office, and establishes a Deputy Director.
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\21\Dep't of Homeland Sec., Office of Inspector General, Progress
Made, but CBP Faces Challenges Implementing a Biometric Capability to
Track Air Passenger Departures Nationwide (OIG-18-80) (Sept. 21, 2018),
available at https://www.oig.dhs.gov/sites/default/files/assets/2018-
09/OIG-18-80-Sep18.pdf.
\22\Management Directorate, Dep't of Homeland Sec. (July 10, 2018),
available at https://www.dhs.gov/directorate-management.
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III. Legislative History
Representative Martha McSally (R-AZ-2), along with
Representatives Don Bacon (R-NE-2), Mike Gallagher (R-WI-8),
Clay Higgins (R-LA-3), and Michael McCaul (R-TX-10), introduced
H.R. 5206 on March 7, 2018. The bill was referred to the House
Committee on Homeland Security. Representative John Katko (R-
NY-24) joined as a cosponsor on March 8, 2018. The House
Committee on Homeland Security considered H.R. 5206 at a
business meeting on June 6, 2018. The House of Representatives
passed H.R. 5206 under suspension of the rules by voice vote on
June 25, 2018.
The Act was received in the Senate and referred to the
Committee on Homeland Security and Governmental Affairs on June
26, 2018. The Committee considered H.R. 5206 at a business
meeting on September 26, 2018. During the business meeting,
Senator Kamala Harris offered an amendment to require the OBIM
Director to consult with DHS's Office of Civil Rights and Civil
Liberties. The amendment and the Act as amended were agreed to
by a voice vote en bloc. Senators Johnson, Portman, Lankford,
Enzi, Hoeven, McCaskill, Carper, Heitkamp, Peters, Hassan,
Harris, and Jones were present for both votes.
Consistent with Committee Rule 11, the Committee reports
the Act with a technical amendment by mutual agreement of the
Chairman and Ranking Member.
IV. Section-by-Section Analysis of the Act, as Reported
Section 1. Short title
This section establishes the short title of the Act 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 establishes the Office of Biometric Identity
Management. This section moves OBIM from NPPD to the Management
Directorate. It also identifies the qualifications and duties
that the Director of OBIM shall perform and allows the Director
to create offices within OBIM with a notification to Congress
within 30 days. This section also establishes a Deputy Director
of OBIM.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this Act and determined
that the Act will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the Act contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 3, 2018.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for Department of Homeland
Security legislation ordered reported by the Committee on
Homeland Security and Governmental Affairs on September 26,
2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall,
Director.
Enclosure.
Department of Homeland Security Legislation
On September 26, the Senate Committee on Homeland Security
and Governmental Affairs ordered two pieces of legislation to
be reported:
H.R. 5206, the Office of Biometric Identity
Management Authorization Act of 2018; and
H.R. 6439, the Biometric Identification
Transnational Migration Alert Program Authorization Act of
2018.
Each act would mostly codify a current program in the
Department of Homeland Security (DHS). CBO estimates that
enacting the legislation would not significantly affect
spending by DHS.
Enacting the legislation would not affect direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting the legislation would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2029.
Neither act contains intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
On June 28, 2018, CBO transmitted a cost estimate for H.R.
5206 as reported by the House Committee on Homeland Security on
June 21, 2018. On August 6, 2018, CBO transmitted a cost
estimate for H.R. 6439 as ordered reported by the House
Committee on Homeland Security on July 24, 2018. CBO's
estimates of the two versions for each piece of legislation are
the same.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
VII. Changes in Existing Law Made by the Act, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the Act, as reported, are shown as follows: (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
SEC. 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. * * *
* * * * * * *
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,
counterterrorism, 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 Strategy, Policy, and Plans, 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;
(L) consult with the Office for Civil Rights
and Civil Liberties of the Department about
biometric technologies that may result in
disparities in the treatment of individuals on
the basis of their race or ethnicity; and
(M) 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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