[Weekly Compilation of Presidential Documents Volume 44, Number 22 (Monday, June 9, 2008)]
[Pages 788-791]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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.

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    (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.

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

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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:
 (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),

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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 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