[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56862-56864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24850]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Test to Collect Facial Images From Occupants in Moving Vehicles 
at the Anzalduas Port of Entry (Anzalduas Biometric Test)

AGENCY: U.S. Customs and Border Protection; Department of Homeland 
Security.

ACTION: General notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces that U.S. Customs and Border Protection 
(CBP) is conducting a voluntary test to collect biometrics, namely 
facial images, from travelers who choose to participate and who are 
entering or departing the United States via moving motor vehicles at 
the Anzalduas, Texas, land border port of entry (Anzalduas Biometric 
Test). CBP is conducting this test to determine the effectiveness of 
certain technology. Specifically, the test will: Evaluate the 
technology's effectiveness to capture a quality facial image for 
occupants within a vehicle while that vehicle is moving; evaluate 
biometric matching accuracy of images captured; and, evaluate 
transaction time for matching images captured. CBP will not use facial 
images collected during this test to identify threats or determine 
admissibility. All analysis of the facial images collected during this 
test will be conducted off-line at a later time, and no information 
collected during this test will be retained in association with an 
individual's official border-crossing records. This notice describes 
the purpose of the test as well as how the facial images collected will 
be used. It also describes the test procedures, the persons covered, 
the duration of the test, how CBP will analyze the results, and privacy 
considerations.

DATES: This voluntary test began August 30, 2018, and will run for 
approximately one year.

FOR FURTHER INFORMATION CONTACT: Colleen Manaher, Executive Director, 
Planning, Program Analysis and Evaluation, U.S. Customs and Border 
Protection at (202) 344-3003 or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Department of Homeland Security (DHS) has broad authority to 
control alien travel and to inspect aliens under various provisions of 
the Immigration and Nationality Act of 1952, as amended (INA).\1\
---------------------------------------------------------------------------

    \1\ DHS may require aliens to provide biometrics and other 
relevant identifying information upon entry to, or departure from, 
the United States. Specifically, DHS may control alien entry and 
departure and inspect aliens under sections 215(a) and 235 of the 
INA (8 U.S.C. 1185, 1225). Aliens may be required to provide 
fingerprints, photographs, or other biometrics upon arrival in, or 
departure from, the United States, and select classes of aliens may 
be required to provide information at any time. See, e.g., INA 214, 
215(a), 235, 262(a), 263(a), 264(c), (8 U.S.C. 1184, 1185(a), 1225, 
1302(a), 1303(a), 1304(c)); 8 U.S.C. 1365b.
---------------------------------------------------------------------------

    In addition, numerous federal statutes require DHS to create an 
integrated, automated biometric entry and exit system that records the 
arrival and departure of aliens, compares the biometric data of aliens 
to verify their identity, and authenticates travel documents presented 
by such aliens through the comparison of biometrics.\2\
---------------------------------------------------------------------------

    \2\ As used in this notice, ``biometrics'' means a physical 
characteristic or other physical attribute unique to a person that 
can be collected, stored, and used to verify the identity of a 
person who chooses to participate in the test by using the testing 
lanes, as defined in the ``Test Procedures'' section below. To 
verify a person's identity, a similar physical characteristic or 
attribute is collected and compared against the previously collected 
identifier.
---------------------------------------------------------------------------

    The federal statutes requiring DHS to create a biometric entry and 
exit system to record the arrival and departure of aliens include, but 
are not limited to:
     Section 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996, Public Law 104-208, 110 Stat. 
3009-546;
     Section 2(a) of the Immigration and Naturalization Service 
Data Management Improvement Act of 2000 (DMIA), Public Law 106-215, 114 
Stat. 337;
     Section 205 of the Visa Waiver Permanent Program Act of 
2000, Public Law 106-396, 114 Stat. 1637, 1641;
     Section 414 of the Uniting and Strengthening America by 
Providing Appropriate Tools Required to Intercept and Obstruct 
Terrorism Act of 2001 (USA PATRIOT Act), Public Law 107-56, 115 Stat. 
272, 353;
     Section 302 of the Enhanced Border Security and Visa Entry 
Reform Act of 2002 (Border Security Act), Public Law 107-173, 116 Stat. 
543, 552;
     Section 7208 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (IRTPA), Public Law 108-458, 118 Stat. 3638, 
3817;
     Section 711 of the Implementing Recommendations of the 9/
11 Commission Act of 2007, Public Law 110-52, 121 Stat. 266;
     Section 802 of the Trade Facilitation and Trade 
Enforcement Act of 2015, Public Law 114-125, 130 Stat. 122, 199 (6 
U.S.C. 211(c)(10)).
    Additionally, on March 6, 2017, the President signed Executive 
Order 13780, Protecting the Nation from Foreign Terrorist Entry into 
the United States (published in the Federal Register on March 9, 2017; 
82 FR 13209). Section 8 of this Order requires the Secretary of 
Homeland Security to expedite the completion and implementation of a 
biometric entry-exit tracking system for ``in-scope travelers'' \3\ to 
the United States.
---------------------------------------------------------------------------

    \3\ Although the term ``in-scope travelers'' is not defined in 
the Executive Order, DHS interprets this to mean those travelers who 
are currently required to provide biometric information upon entry 
to the United States.
---------------------------------------------------------------------------

    Pursuant to various authorities under Titles 8 and 19 of the U.S. 
Code, and other authorities CBP enforces on behalf of third party 
agencies at the border, CBP routinely collects biographic data from 
travelers entering and departing the United States. See, e.g., 8 U.S.C. 
1181, 1185, 1221; and 19 U.S.C. 1433. Additionally, DHS regulations 
authorize DHS to collect biometric data from certain aliens seeking 
admission to the United States and to collect biometrics from aliens 
upon departure from the United States under pilot programs at land 
ports and up to 15 air and seaports. See Sections 215.8 and 
235.1(f)(1)(ii) of Title 8 of the Code of Federal Regulations (CFR) (8 
CFR 215.8 and 235.1(f)(1)(ii).\4\
---------------------------------------------------------------------------

    \4\ Certain categories of aliens are exempt from the collection 
of biometrics upon entering or departing the United States. See 8 
CFR 235.1(f)(1)(ii), (iv); 8 CFR 215.8(a)(1)-(2).
---------------------------------------------------------------------------

    Since 2004, DHS, through CBP, has been collecting biometric data 
from aliens arriving in the United States. However, there is no 
comprehensive system in place to collect biometrics from aliens 
departing the country. Collecting biometrics at both arrival and 
departure will enable CBP and DHS to know with better accuracy whether 
aliens are departing the country when they are required to depart, 
reduce visa or travel document fraud, and improve CBP's ability to 
identify criminals and known or suspected terrorists before they depart 
the United States.
    CBP has been testing various options to collect biometrics at 
departure in the land and air environments. For example, from February 
to May 2016, CBP conducted a pilot program to test facial and iris 
scanning technology for pedestrian travelers departing through the Otay 
Mesa, California, land border port of entry.\5\ CBP is also conducting

[[Page 56863]]

pilots at some airports to evaluate the effectiveness of biometric 
facial recognition matching of a real-time photograph of an individual 
to a photograph gallery stored in a database.
---------------------------------------------------------------------------

    \5\ See 80 FR 70241 (Nov. 31, 2015).
---------------------------------------------------------------------------

    CBP is now conducting a test that involves the collection of facial 
images from occupants in moving vehicles as they enter and exit the 
United States at the Anzalduas land border port of entry (Anzalduas 
Biometric Test). This notice describes the purpose of the test as well 
as how the facial images collected will be used. It also describes the 
test procedures, the persons covered, the duration of the test, how CBP 
will analyze the results, and privacy considerations.

Anzalduas Biometric Test

Overview and Purpose

    The Anzalduas Biometric Test is a voluntary test to collect 
biometrics, namely facial images, from travelers who choose to 
participate and who are entering or departing the United States via 
moving motor vehicles at the Anzalduas, Texas, land border port of 
entry. This test will help CBP determine the effectiveness of certain 
technology used to capture a quality facial image for occupants within 
a vehicle while that vehicle is moving, evaluate biometric matching 
accuracy of images captured, and evaluate transaction time to conduct a 
match of images captured to determine whether a real-time match could 
be provided to the CBP Officer. This test is one of CBP's key efforts 
in developing the capability to fulfill DHS's mandate to collect 
biometric information from arriving and departing aliens. The test 
procedures will operate in conjunction with CBP's normal entry-exit 
processes but facial images collected during this test will not be used 
to identify threats or to determine admissibility.

Normal Entry/Exit Procedures Remain In Place

    During this test, the normal entry/exit procedures will apply. This 
means that all persons seeking admission at the Anzalduas land border 
port of entry must show a valid passport or other acceptable travel 
document when entering the United States. Some aliens may also be 
required to provide fingerprint biometric data for CBP to verify their 
identity upon entry.\6\ All persons exiting the United States at the 
Anzalduas land border port of entry may be subject to additional 
screening. Some aliens may also be required to provide fingerprint 
biometric data for CBP to verify their identity upon exit.
---------------------------------------------------------------------------

    \6\ Certain aliens, including individuals traveling on A or G 
visas and others as specified in 8 CFR 215.8 and 235.1, are exempt 
from this requirement.
---------------------------------------------------------------------------

    The facial images collected during this test will not be analyzed 
by CBP officers at the time the traveler enters or exits. Rather, the 
facial matching technology will perform matching analysis, which will 
be reviewed and analyzed by CBP analysists on the back end for 
accuracy, as described below. Therefore, the entry and exit procedures 
for both travelers and CBP officers at the Anzalduas port of entry will 
not change as a result of this test.

Test Procedures

    For this test, cameras have been installed at both entry and exit 
lanes which will attempt to capture facial images of all occupants in 
vehicles traveling in designated arrival and departure lanes (``testing 
lanes'') as the vehicles move through the lane. The cameras are located 
prior to the inspection booths where travelers present their travel 
documentation to CBP officers. This process is completely passive for 
the vehicle occupants and does not require the travelers to engage in 
any additional action outside of the normal CBP processing on entry or 
exit. All travelers are subject to inspection upon entry to and exit 
from the United States, but U.S. citizens and certain categories of 
aliens are not specifically required to provide biometrics pursuant to 
8 CFR 235.1(f)(1)(ii) and 215.8. For purposes of this pilot, CBP has 
provided an optional lane, both inbound and outbound, where no facial 
images will be captured for biometric matching purposes (``non-testing 
lane''). Due to the difficulty of sorting vehicle occupants by 
citizenship or category while they are in a moving vehicle, the non-
testing lane is available for use by any vehicle, regardless of the 
occupants' citizenship or status. CBP has posted signs sufficiently in 
advance of lane divisions to allow drivers to select their desired 
lane. Other than signs indicating non-testing lanes or a flash of light 
in the testing lanes when a photo is taken, the travelers should not 
notice any differences in the wait times or experience of crossing at 
the Anzalduas port of entry.

Use of Facial Images Collected During the Test

    CBP will create a photograph gallery of border crossers, which will 
include the photographs captured by the cameras at both entry and exit 
operations during this test. This gallery will also include photos and 
biographical information from travelers' document(s) \7\ that were 
previously captured by CBP or another government agency and which are 
associated with travelers whose facial images were captured during this 
test. CBP will not store or use facial images captured from out-of-
scope aliens or U.S. citizens for the purposes of this test. If an out-
of-scope alien or U.S. citizen chooses to travel through the testing 
lanes and his or her facial image is captured, the image will be 
deleted as soon as it is identified as an out-of-scope alien or U.S. 
citizen by the analysts comparing the matching results of the 
technology as described below.
---------------------------------------------------------------------------

    \7\ Traveler documents include but are not limited to: 
passports, visas, and trusted traveler radio-frequency 
identification (RFID) cards such as Border Crossing Cards, Enhanced 
Driver's Licenses, passport cards, and tribal cards. See 8 CFR 235.1 
for complete travel document requirements.
---------------------------------------------------------------------------

    The facial recognition technology will compare live images captured 
during the vehicle crossings with the photos and biographic information 
on file and will attempt to match the captured images with identified 
facial images in the photograph gallery. All facial images captured 
during this test, and previously collected traveler photos and 
associated document data will be stored in a secure, standalone 
database and analyzed off-line to test the biometric matching 
capabilities of the technology. No biometric data will be distributed 
from the standalone database, except for analysis and reporting 
purposes on the results of the test.\8\
---------------------------------------------------------------------------

    \8\ As noted above, facial images collected from exempt aliens 
or U.S. citizens will be deleted as soon as they are identified as 
an exempt alien or U.S. citizen.
---------------------------------------------------------------------------

    In order to determine the accuracy of the biometric matching 
system, CBP analysts will compare the matching results produced by the 
facial recognition technology with stored traveler data (e.g., RFID 
card scans, traveler biographical information collected by an officer 
from travel documents, and license plate data). By reviewing traveler 
data that are matched to test images by the system, CBP analysts can 
confirm that the traveler associated with a given individual record 
with which the technology matched a given facial image did in fact 
cross the Anzalduas port of entry on a particular day. For example, if 
the technology matches a captured facial image to the photograph on a 
certain individual's travel document, an analyst could review the 
border crossing biographical records from that day to confirm that the 
individual identified by the technology did cross that day. 
Alternatively, if the analyst finds no record of that individual 
crossing on the

[[Page 56864]]

particular day, CBP may need to do further analysis on the match 
provided by the technology to determine if there is a ``false match'' 
or some other issue. The biographical information provides an 
additional level of verification to determine the accuracy of the 
facial matching technology.

Persons Covered

    Participation in the test is voluntary. All individuals entering or 
exiting the United States at the Anzalduas port of entry in a vehicle 
may participate by entering and/or exiting through the testing lanes. 
Individuals who choose not to participate may use the non-testing 
lanes. No person or group of people will be required to use the testing 
lanes and there will be no penalty for using the non-testing lanes.

Duration of Test

    This voluntary test began August 30, 2018, and will run for 
approximately one year.

Analysis of Results

    CBP will generally retain facial images collected during this test 
until December 2020 for the sole purpose of testing facial recognition 
technology against a photograph gallery that most closely simulates 
CBP's operational land environment.\9\ All analysis will be performed 
on the back end using the standalone database created for this test. 
CBP will use the results of this test to assess the operational 
feasibility of collecting biometric information from occupants in 
moving vehicles entering and exiting at all U.S. land border ports of 
entry. CBP will evaluate the test based on a number of criteria, 
including:
---------------------------------------------------------------------------

    \9\ As noted above, facial images collected from exempt aliens 
or U.S. citizens will be deleted as soon as they are identified as 
an exempt alien or U.S. citizen. Further information about the 
retention of facial images will be provided in CBP's Privacy Impact 
Assessment (PIA) for Traveler Verification Services (TVS). It will 
be available at http://www.dhs.gov/privacy-documents-us-customs-and-border-protection.
---------------------------------------------------------------------------

     The ability of the technology to capture high-quality 
facial images in vehicles traveling at various speeds, and in various 
lighting and weather conditions;
     the ability of the technology to correctly match the 
facial images captured to the correct individuals' facial image(s) on 
file; and,
     the transaction time to match the facial images captured 
to the photograph gallery to determine whether a real-time match could 
be provided to the CBP Officer performing traveler screening at the 
entry or exit lanes of the port.

Privacy

    CBP will ensure that all Privacy Act requirements and applicable 
DHS privacy policies are adhered to during the implementation of this 
test. Additionally, as noted previously, CBP will be issuing a PIA for 
TVS, which will outline how CBP will ensure compliance with Privacy Act 
protections and DHS privacy policies, including DHS's Fair Information 
Practice Principles (FIPPs). The FIPPs account for the nature and 
purpose of the information being collected in relation to DHS's mission 
to preserve, protect and secure the United States. The PIA will address 
issues such as the security, integrity, and sharing of data, use 
limitation and transparency. The PIA will be made publicly available 
at: http://www.dhs.gov/privacy-documents-us-customs-and-border-protection.
    CBP has also issued an update to the DHS/CBP-007 Border Crossing 
Information (BCI) System of Records, which fully encompasses all the 
data that is being collected at the Anzalduas land border port of entry 
for the purposes of this test. The system of records notice (SORN) was 
published in the Federal Register on December 13, 2016 (81 FR 89957).

Paperwork Reduction Act

    The Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3507(d)) 
requires that CBP consider the impact of paperwork and other 
information collection burdens imposed on the public. This information 
collection is covered by OMB control number 1651-0138. This information 
collection has been updated to include information being collected 
pursuant to this notice.

    Dated: November 7, 2018.
Kevin K. McAleenan,
Commissioner.
[FR Doc. 2018-24850 Filed 11-13-18; 8:45 am]
 BILLING CODE 9111-14-P