    [Public Papers of the Presidents of the United States: George W. Bush (2008, Book I)]
    [June 5, 2008]
    [Pages 757-760]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Directive on Biometrics for Identification and Screening To Enhance
    National Security
    June 5, 2008

    National Security Presidential Directive/NSPD-59
    Homeland Security Presidential Directive/HSPD-24

    Subject: Biometrics for Identification and Screening to Enhance National
    Security

    Purpose

        This directive establishes a framework to ensure that Federal
    executive departments and agencies (agencies) use mutually compatible
    methods and procedures in the collection, storage, use, analysis, and
    sharing of biometric and associated biographic and contextual
    information of individuals in a lawful and appropriate manner, while
    respecting their information privacy and other legal rights under United
    States law.

    Scope

        (1) The executive branch has developed an integrated screening
    capability to protect the Nation against ``known and suspected
    terrorists'' (KSTs). The executive branch shall build upon this success,
    in accordance with this directive, by enhancing its capability to
    collect, store, use, analyze, and share biometrics to identify and
    screen KSTs and other persons who may pose a threat to national
    security.
        (2) Existing law determines under what circumstances an individual's
    biometric and biographic information can be collected. This directive
    requires agencies to use, in a more coordinated and efficient manner,
    all biometric information associated with persons who may pose a threat
    to national security, consistent with applicable law, including those
    laws relating to privacy and confidentiality of personal data.
        (3) This directive provides a Federal framework for applying
    existing and emerging biometric technologies to the collection, storage,
    use, analysis, and sharing of data in identification and screening
    processes employed by agencies to enhance national security, consistent
    with applicable law, including information privacy and other legal
    rights under United States law.
        (4) The executive branch recognizes the need for a layered approach
    to identification and screening of individuals, as no single mechanism
    is sufficient. For example, while existing name-based screening
    procedures are beneficial, application of biometric technologies, where
    appropriate, improve the executive branch's ability to identify and
    screen for persons who may pose a national security threat. To be most
    effective, national security identification and screening systems will
    require timely access to the most accurate and most complete biometric,
    biographic, and related data that are, or can be, made available
    throughout the executive branch.
        (5) This directive does not impose requirements on State, local, or
    tribal authorities or on the private sector. It does not provide new
    authority to agencies for collection, retention, or dissemination of
    information or for identification and screening activities.

    Definitions

        (6) In this directive:
           (a)   ``Biometrics'' refers to the measurable biological
                (anatomical and physiological) and behavioral
                characteristics that can be used for automated recognition;
                examples include fingerprint, face, and iris recognition;
                and
           (b)   ``Interoperability'' refers to the ability of two or more
                systems or components to exchange information and to use the
                information that has been exchanged.

    [[Page 758]]

    Background

        (7) The ability to positively identify those individuals who may do
    harm to Americans and the Nation is crucial to protecting the Nation.
    Since September 11, 2001, agencies have made considerable progress in
    securing the Nation through the integration, maintenance, and sharing of
    information used to identify persons who may pose a threat to national
    security.
        (8) Many agencies already collect biographic and biometric
    information in their identification and screening processes. With
    improvements in biometric technologies, and in light of its demonstrated
    value as a tool to protect national security, it is important to ensure
    agencies use compatible methods and procedures in the collection,
    storage, use, analysis, and sharing of biometric information.
        (9) Building upon existing investments in fingerprint recognition
    and other biometric modalities, agencies are currently strengthening
    their biometric collection, storage, and matching capabilities as
    technologies advance and offer new opportunities to meet evolving
    threats to further enhance national security.
        (10) This directive is designed to (a) help ensure a common
    recognition of the value of using biometrics in identification and
    screening programs and (b) help achieve objectives described in the
    following: Executive Order 12881 (Establishment of the National Science
    and Technology Council); Homeland Security Presidential Directive-6
    (HSPD-6) (Integration and Use of Screening Information to Protect
    Against Terrorism); Executive Order 13354 (National Counterterrorism
    Center); Homeland Security Presidential Directive-11 (HSPD-11)
    (Comprehensive Terrorist Related Screening Procedures); Executive Order
    13388 (Further Strengthening the Sharing of Terrorism Information to
    Protect Americans); National Security Presidential Directive-46/Homeland
    Security Presidential Directive-15 (NSPD-46/HSPD-15) (U.S. Policy and
    Strategy in the War on Terror); 2005 Information Sharing Guidelines;
    2006 National Strategy for Combating Terrorism; 2006 National Strategy
    to Combat Terrorist Travel; 2007 National Strategy for Homeland
    Security; 2007 National Strategy for Information Sharing; and 2008
    United States Intelligence Community Information Sharing Strategy.

     Policy

        (11) Through integrated processes and interoperable systems,
    agencies shall, to the fullest extent permitted by law, make available
    to other agencies all biometric and associated biographic and contextual
    information associated with persons for whom there is an articulable and
    reasonable basis for suspicion that they pose a threat to national
    security.
        (12) All agencies shall execute this directive in a lawful and
    appropriate manner, respecting the information privacy and other legal
    rights of individuals under United States law, maintaining data
    integrity and security, and protecting intelligence sources, methods,
    activities, and sensitive law enforcement information.

    Policy Coordination

        (13) The Assistant to the President for Homeland Security and
    Counterterrorism, in coordination with the Assistant to the President
    for National Security Affairs and the Director of the Office of Science
    and Technology Policy, shall be responsible for interagency policy
    coordination on all aspects of this directive.

    Roles and Responsibilities

        (14) Agencies shall undertake the roles and responsibilities herein
    to the fullest extent permitted by law, consistent with the policy of
    this directive, including appropriate safeguards for information privacy
    and other legal rights, and in consultation with State, local, and
    tribal authorities, where appropriate.
        (15) The Attorney General shall:

    [[Page 759]]

           (a)   Provide legal policy guidance, in coordination with the
                Secretaries of State, Defense, and Homeland Security and the
                Director of National Intelligence (DNI), regarding the
                lawful collection, use, and sharing of biometric and
                associated biographic and contextual information to enhance
                national security; and
           (b)   In coordination with the DNI, ensure that policies and
                procedures for the consolidated terrorist watchlist maximize
                the use of all biometric identifiers.
        (16) Each of the Secretaries of State, Defense, and Homeland
    Security, the Attorney General, the DNI, and the heads of other
    appropriate agencies, shall:
           (a)   Develop and implement mutually compatible guidelines for
                each respective agency for the collection, storage, use,
                analysis, and sharing of biometric and associated biographic
                and contextual information, to the fullest extent
                practicable, lawful, and necessary to protect national
                security;
           (b)   Maintain and enhance interoperability among agency
                biometric and associated biographic systems, by utilizing
                common information technology and data standards, protocols,
                and interfaces;
           (c)   Ensure compliance with laws, policies, and procedures
                respecting information privacy, other legal rights, and
                information security;
           (d)   Establish objectives, priorities, and guidance to ensure
                timely and effective tasking, collection, storage, use,
                analysis, and sharing of biometric and associated biographic
                and contextual information among authorized agencies;
           (e)   Program for and budget sufficient resources to support the
                development, operation, maintenance, and upgrade of
                biometric capabilities consistent with this directive and
                with such instructions as the Director of the Office of
                Management and Budget may provide; and
           (f)   Ensure that biometric and associated biographic and
                contextual information on KSTs is provided to the National
                Counterterrorism Center and, as appropriate, to the
                Terrorist Screening Center.
        (17) The Secretary of State, in coordination with the Secretaries of
    Defense and Homeland Security, the Attorney General, and the DNI, shall
    coordinate the sharing of biometric and associated biographic and
    contextual information with foreign partners in accordance with
    applicable law, including international obligations undertaken by the
    United States.
        (18) The Director of the Office of Science and Technology Policy,
    through the National Science and Technology Council (NSTC), shall
    coordinate executive branch biometric science and technology policy,
    including biometric standards and necessary research, development, and
    conformance testing programs. Recommended executive branch biometric
    standards are contained in the Registry of United States Government
    Recommended Biometric Standards and shall be updated via the NSTC
    Subcommittee on Biometrics and Identity Management.

    Implementation

        (19) Within 90 days of the date of this directive, the Attorney
    General, in coordination with the Secretaries of State, Defense, and
    Homeland Security, the DNI, and the Director of the Office of Science
    and Technology Policy, shall, through the Assistant to the President for
    National Security Affairs and the Assistant to the President for
    Homeland Security and Counterterrorism, submit for the President's
    approval an action plan to implement this directive. The action plan
    shall do the following:
           (a)   Recommend actions and associated timelines for enhancing
                the existing

    [[Page 760]]

                terrorist-oriented identification and screening processes by
                expanding the use of biometrics;
           (b)   Consistent with applicable law, (i) recommend categories of
                individuals in addition to KSTs who may pose a threat to
                national security, and (ii) set forth cost-effective actions
                and associated timelines for expanding the collection and
                use of biometrics to identify and screen for such
                individuals; and
           (c)   Identify business processes, technological capabilities,
                legal authorities, and research and development efforts
                needed to implement this directive.
        (20) Within 1 year of the date of this directive, the Attorney
    General, in coordination with the Secretaries of State, Defense, and
    Homeland Security, the DNI, and the heads of other appropriate agencies,
    shall submit to the President, through the Assistant to the President
    for National Security Affairs and the Assistant to the President for
    Homeland Security and Counterterrorism, a report on the implementation
    of this directive and the associated action plan, proposing any
    necessary additional steps for carrying out the policy of this
    directive. Agencies shall provide support for, and promptly respond to,
    requests made by the Attorney General in furtherance of this report. The
    Attorney General will thereafter report to the President on the
    implementation of this directive as the Attorney General deems necessary
    or when directed by the President.

    General Provisions

        (21) This directive:
           (a)   shall be implemented consistent with applicable law,
                including international obligations undertaken by the United
                States, and the authorities of agencies, or heads of such
                agencies, vested by law;
           (b)   shall not be construed to alter, amend, or revoke any other
                NSPD or HSPD in effect on the effective date of this
                directive;
           (c)   is not intended to, and does not, create any rights or
                benefits, substantive or procedural, enforceable by law or
                in equity by a party against the United States, its
                departments, agencies, instrumentalities, or entities, its
                officers, employees, or agents, or any other person.

                                                              George W. Bush