[Federal Register Volume 72, Number 66 (Friday, April 6, 2007)]
[Notices]
[Pages 17172-17176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1643]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket Number DHS 2006-0082]


Privacy Act; Biometric Storage System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, the Department of 
Homeland Security, U.S. Citizenship and Immigration Services, proposes 
to add a new system of records to the Department's inventory, entitled 
Biometric Storage System. This new system will replace the following 
existing legacy systems, the Image Storage and Retrieval System (ISRS), 
64 FR 18052, and portions of the Biometric Benefit Support System 
(BBSS).

DATES: The established system of records will be effective May 7, 2007 
unless comments are received that result in a contrary determination.

ADDRESSES: You may submit comments, identified by Docket Number DHS 
2006-0082 by one of the following methods:
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 1-866-466-5370.
    <bullet> Mail: Hugo Teufel III, Chief Privacy Officer, Department 
of Homeland Security, Washington, DC 20528.

FOR FURTHER INFORMATION CONTACT: For system related questions please 
contact: Phyllis Howard, Branch Chief of Application Support for Office 
of Field Operations, U.S. Citizenship and Immigration Services, 
Department of Homeland Security, 20 Massachusetts Avenue, NW., 
Washington, DC 20529. For privacy issues please contact: Hugo Teufel 
III, Chief Privacy Officer, Privacy Office, U.S. Department of Homeland 
Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION: The Department of Homeland Security (DHS), 
U.S. Citizenship and Immigration Services (USCIS) has been tasked by 
Congress with processing all immigration benefit applications and 
petitions. Many applications, petitions, and other benefits 
(hereinafter referred to as ``applications'') require that fingerprints 
and other biometrics be captured in order to conduct background checks, 
to verify the applicant's, petitioner's, or beneficiary's (hereinafter 
referred to as ``applicants'') identity, and to produce benefit cards 
with biometrics and documents. In order to fulfill its statutory 
mandate, USCIS is establishing a new system of records that will 
consolidate all biometrics collected by USCIS into one centralized 
system. This new system of

[[Page 17173]]

records is called the Biometric Storage System (BSS).

I. USCIS Biometric Storage

    Implemented as a part of a USCIS enterprise-wide ``Transformation 
Program,'' BSS will help transition the agency's data management 
practices to a paperless, more centralized, and unique identity driven 
methodology. BSS will become the centralized repository for all 
biometric data captured by USCIS from applicants filing immigration 
applications. This new system will eventually replace existing legacy 
systems, including the Image Storage and Retrieval System (ISRS), 64 FR 
18052, and portions of the Biometric Benefit Support System (BBSS).
    USCIS captures biometric data from applicants to facilitate three 
key operational functions: (1) Conducting fingerprint-based background 
checks; (2) verifying an applicant's identity; and (3) producing 
benefit cards/documents. Currently, USCIS does not have a centralized, 
long-term storage program for fingerprint biometrics. Accordingly, 
applicants are sometimes required to return to an USCIS Application 
Support Center (ASC) to provide fingerprints again during the case 
adjudication process. BSS will store the biometric information, thereby 
decreasing the burden on applicants by negating the need to provide 
multiple sets of biometric data.
    Further, BSS will consolidate storage of information from multiple, 
separate systems into a centralized database, allowing for greater 
control, security, and management of the data. BSS also will provide 
increased functionality over current systems, and improved 
communication between government databases and personnel, facilitating 
more efficient processing of applications. This furthers USCIS's goals 
of reducing immigration benefit and petition case backlog, and 
improving the process for vetting and resolving applications for 
immigration benefits.

a. Fingerprint-Based Background Checks

    Under BSS, biometric and associated biographic information will be 
collected from the applicant in order to conduct fingerprint-based 
background checks through the Federal Bureau of Investigation (FBI) and 
United States Visitor and Immigrant Status Indicator Technology (US-
VISIT).
    Fingerprints will be taken electronically at an USCIS ASC or from 
hard copy fingerprint cards (FD-258) that are submitted for those 
applicants who are unable to go to an ASC. These fingerprints, along 
with other biometric and limited biographical data collected from the 
applicant, will be assembled into a National Institute of Standard and 
Technology (NIST) approved Electronic Fingerprint Transmission 
Specification (EFTS) file and transferred to BSS from the ASCs. BSS 
will then submit the 10-print fingerprints and limited biographic 
information to, and receive results from, the FBI's Integrated 
Automated Fingerprint Identification System (IAFIS). The FBI 
fingerprint check is a search of the FBI's Criminal Master File, which 
will identify applicants and petitioners who have arrest records. The 
fingerprint check responses received from the FBI are interpreted as 
``classifiable'' or ``unclassifiable,'' and that classification is 
stored in BSS. A classifiable fingerprint set denotes that the FBI was 
able to utilize the fingerprints in the course of their matching 
processes. An unclassifiable fingerprint set denotes that the FBI was 
unable to utilize the fingerprints in the course of their matching 
processes. If applicable, the FBI Identification Record, which details 
an applicant's criminal history, will be transmitted by BSS to USCIS's 
Background Check Service (BCS), 71 FR 70414, for storage and not 
retained in BSS.
    BSS will also submit the 10-print fingerprints, photograph, and 
limited biographic information to, and receive results from, US-VISIT/
IDENT 71 FR 42651. The US-VISIT/IDENT fingerprint check is a search of 
US-VISIT's entire fingerprint database, which will identify applicants 
and petitioners who have entered or exited the country previously, as 
well as those for whom wants and warrants may be outstanding, or who 
otherwise may be the subjects of ongoing law enforcement or 
investigative activity. This information, referred to as the US-VISIT/
IDENT information file, will be transmitted by BSS to USCIS's BCS for 
storage and not retained in BSS. The US-VISIT/IDENT check will also 
return a unique enumerator for any currently enrolled 10-print 
fingerprints. The unique enumerator is based on and assigned to an 
applicant's unique fingerprint biometric signature. If US-VISIT/IDENT 
does not find a match, the system will enroll the 10-print 
fingerprints, generate a unique enumerator, and return that number to 
BSS.
    The results of these fingerprint checks will be used to make 
eligibility determinations, which will result in the approval or denial 
of a benefit. If fraudulent or criminal activity is detected as a 
result of the fingerprint check, information may be referred to 
appropriate law enforcement agencies including Immigration and Customs 
Enforcement (ICE), Customs and Border Protection (CBP), FBI, or other 
federal, state, local, tribal, foreign, or international law 
enforcement agencies.

b. Card Production Information in BSS

    USCIS issues cards to individuals who have been granted immigration 
benefits such as Permanent Resident Cards and Border Crossing Cards. 
BSS will store information regarding benefit card and document 
production, including but not limited to photographs, signatures, 
press-prints (one fingerprint image, typically the index finger), and 
card production status.
    BSS also will interface with the National Card Production System II 
/ Integrated Card Production System (NPS II/ICPS) and the Computer-
Linked Application Information System 3 (CLAIMS 3) 62 FR 64132 system 
of records. Specifically, BSS and NPS II/ICPS will share data linked 
with benefit cards and documents, including but not limited to: Card 
serial number; receipt number; production site; production date; class 
of admission; type of benefit card or document; and expiration date. 
BSS and CLAIMS 3 will share data related to benefit case adjudication, 
including the case status and card production status.

c. Collection and Use of Information in BSS

    The data collected in BSS during the background check process 
provides USCIS with information about an applicant or petitioner that 
may have national security or public safety implications, or which may 
contain indicia of fraud. Collection and use of this information will 
enable DHS to take action to prevent potentially undesirable and often 
dangerous people from staying in this country, thereby supporting two 
primary missions of DHS: (1) Preventing terrorist attacks within the 
United States and reducing America's vulnerability to terrorism; and 
(2) facilitating the adjudication of lawful benefit applications.
    All information to be stored in BSS is currently collected as part 
of the established USCIS application/petition process. The requested 
data is required to verify the applicant's identity and eligibility for 
the benefit being sought. ICE, CBP, and the Department of State (DoS) 
also will have read-only access to the BSS through a web-based user 
interface. This interface will allow the stated users to access and 
view biometric and limited biographic

[[Page 17174]]

information for identity verification purposes.
    Consistent with DHS's information sharing mission, information 
collected and stored in the BSS may be provided by USCIS to appropriate 
federal, state, local, tribal or foreign governmental agencies or 
multi-lateral government organizations where DHS determines that 
sharing the information will assist in the enforcement of civil or 
criminal laws.
    As mentioned previously, US-VISIT/IDENT will also receive a copy of 
the applicant's 10-print fingerprints, photograph, and limited 
biographic information. The information stored in US-VISIT/IDENT, 
including information received from BSS, may be shared with other DHS 
components, as well as appropriate Federal, state, local, tribal, 
foreign, or international government agencies. This sharing will only 
take place after DHS determines that the receiving component or agency 
has a need to know the information to carry out national security, law 
enforcement, immigration, intelligence, or other functions consistent 
with the routine uses set forth in this system of records notice and 
the US-VISIT/IDENT system of records notice (71 FR 42651).

II. The Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United Stated Government 
collects, maintains, uses and disseminates personally identifiable 
information. The Privacy Act applies to information that is maintained 
in a ``system of records.'' A ``system of records'' is a group of any 
records under the control of an agency from which information is 
retrieved by the name of an individual or by some identifying number, 
symbol, or other particular assigned to an individual.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system to make agency recordkeeping practices 
transparent, to notify individuals reading the uses to which personally 
identifiable information is put, and to assist the individual to more 
easily find such files within the agency.
    In accordance with 5 U.S.C. 552a(r), a report on this system has 
been sent to Congress and to the Office of Management and Budget.
DHS/USCIS-2006-0082

System name:
    DHS/USCIS--003 Biometric Storage System (BSS)

Security Classification:
    Sensitive; Unclassified.

System location:
    The primary BSS system is located at a Department of Homeland 
Security (DHS) approved data center in the Washington, DC, metropolitan 
area. Backups are maintained offsite. BSS will be accessible worldwide 
from all USCIS field offices, service centers, and application support 
centers in the DHS Network.

Categories of individuals covered by the system:
    All individuals who are applying for benefits and/or who are 
petitioning on behalf of individuals applying or petitioning for 
benefits pursuant to the Immigration and Nationality Act. 8 U.S.C. 1101 
et seq.

Categories of records in the system:
    BSS maintains three general categories of records: (a) Applicant 
and Petitioner Biometric information; (b) Applicant and Petitioner 
Biographic Identification information; and (c) Card Production 
information.
    A. Applicant and Petitioner Biometric information contains data 
necessary to perform a fingerprint-based background check through the 
FBI and US-VISIT/IDENT fingerprint check services, as well as data for 
verifying an applicant's identity and card production. This data may 
include: 10-print fingerprint images; photographs; signatures; 
transaction control numbers associated with FBI fingerprint checks; 
receipt numbers; date/time of submission; physical description of 
subject; and a reason for the submission of the application (i.e., a 
USCIS Form Code). This category also covers the applicants' US-VISIT/
IDENT assigned enumerator. The unique enumerator is based on and 
assigned to an applicant's unique fingerprint biometric signature. If 
US-VISIT/IDENT does not find a match, the system will enroll the 10-
print fingerprints, generate a unique enumerator, and return it to BSS. 
Lastly, this category covers logs associated with the requests of 
background checks, which may include requesting location and requesting 
person.
    B. Applicant and Petitioner Biographic Identification information 
includes basic biographic information associated with each applicant or 
petitioner, including but not limited to: Name; date of birth; country 
of birth; address; employment status; aliases; application type; 
height; weight; eye color; gender; hair color; and race. The applicant 
and petitioner information also includes uniquely identifiable numbers, 
including but not limited to: Alien Registration Number; Z-number; 
Receipt Number; Social Security Number; and Armed Forces Identification 
Number. This information would be obtained from multiple sources, 
including from the applicant at the time the fingerprints are taken, as 
well as from the applicant's preexisting case file.
    C. Card Production information encompasses data received from and 
sent to NPS II/ICPS and CLAIMS 3. This data may include identifying 
transactional information (i.e., transaction control number), 
biographical information used for card production, card production 
status, benefit card/document type, and class of admission.

Authority for maintenance of the system:
    8 U.S.C. 1103 et seq.

Purpose(s):
    BSS is a single centralized system that stores all biometric and 
associated biographic data that USCIS collects. Biometric data and 
associated biographic data are used by USCIS to conduct background 
checks, facilitate card production, and accurately identify applicants. 
Currently, no system exists that centrally manages all of this data. 
BSS will replace the following existing legacy systems, the Image 
Storage and Retrieval System, 64 FR 180526, and portions of the 
Biometric Benefit Support System (BBSS). BBSS is a legacy system that 
transfers biometric data from USCIS to the FBI to conduct fingerprint-
based background checks. BBSS does not store the 10-print fingerprint 
images. ISRS is a legacy system that stores a limited amount of 
information related to an applicant's 10-print fingerprint images and 
card production information. BSS also will add new functionality so the 
collection of biometric data for USCIS applications may become 
centrally managed.
    US-VISIT/IDENT will also receive a copy of the applicant's 10-print 
fingerprints, photograph, and limited biographic information. 
Consistent with DHS's information sharing mission, information stored 
in US-VISIT/IDENT, including information received from BSS, may be 
shared with other DHS components, as well as appropriate Federal, 
state, local, tribal, foreign, or international government agencies. 
This sharing will only take place after DHS determines that the 
receiving

[[Page 17175]]

component or agency has a need to know the information to carry out 
national security, law enforcement, immigration, intelligence, or other 
functions consistent with the routine uses set forth in this system of 
records notice.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the United States Department of Justice (including United 
States Attorney offices) or other federal agency conducting litigation 
or in proceedings before any court, adjudicative or administrative 
body, or to the court or administrative body, when it is necessary to 
the litigation and one of the following is a party to the litigation or 
has an interest in such litigation: (1) DHS; (2) any employee of DHS in 
his or her official capacity; (3) any employee of DHS in his or her 
individual capacity where DOJ or DHS has agreed to represent said 
employee; or (4) the United States or any agency thereof;
    B. To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function.
    C. To the Department of State in the processing of petitions or 
applications for benefits under the Immigration and Nationality Act, 
and all other immigration and nationality laws including treaties and 
reciprocal agreements;
    D. To the National Archives and Records Administration or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    E. To contractors, grantees, experts, consultants, and others 
performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government, when 
necessary to accomplish a DHS mission function related to this system 
of records, in compliance with the Privacy Act of 1974, as amended.
    F. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations 
responsible for investigating or prosecuting the violations of, or for 
enforcing or implementing, a statute, rule, regulation, order, license, 
or treaty where DHS determines that the information would assist in the 
enforcement of civil or criminal laws;
    G. To federal and foreign government intelligence or 
counterterrorism agencies when DHS reasonably believes there to be a 
threat or potential threat to national or international security for 
which the information may be useful in countering the threat or 
potential threat, when DHS reasonably believes such use is to assist in 
anti-terrorism efforts, and disclosure is appropriate to the proper 
performance of the official duties of the person making the disclosure;
    H. To employers participating in the Basic Pilot Verification 
Program or any successor program thereof, in order to verify the 
employment eligibility of all newly hired employees in the United 
States.
    I. To a Congressional office, from the record of an individual in 
response to an inquiry from that Congressional office made at the 
request of the individual to whom the record pertains.
    J. To appropriate agencies, entities, and persons when: (1) It is 
suspected or confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) USCIS 
has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by USCIS or 
another agency or entity) that rely upon the compromised information; 
and (3) the disclosure is made to such agencies, entities, and persons 
when reasonably necessary to assist in connection with USCIS's efforts 
to respond to the suspected or confirmed compromise and prevent, 
minimize, or remedy such harm.

Disclosure to Consumer Reporting Agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in the system will be stored in a central computer 
database.

Retrievability:
    A combination of the following BSS data elements may be used to 
initiate a query in order to retrieve data from the BSS User Interface: 
An individual's Alien Registration Number; name; date of birth; receipt 
number; and unique enumerator.

Safeguards:
    Information in this system is safeguarded in accordance with 
applicable laws and policies, including the DHS information technology 
security policies and the Federal Information Security Management Act 
(FISMA). All records are protected from unauthorized access through 
appropriate administrative, physical, and technical safeguards. These 
safeguards include restricting access to authorized personnel who have 
a need-to-know, using locks, and password protection features. The 
system is also protected through a multi-layer security approach. The 
protective strategies are physical, technical, administrative and 
environmental in nature, which provide access control to sensitive 
data, physical access control to DHS facilities, confidentiality of 
communications, authentication of sending parties, and personnel 
screening to ensure that all personnel with access to data are screened 
through background investigations commensurate with the level of access 
required to perform their duties.

Retention and disposal:
    The following proposal for retention and disposal is pending 
approval by the National Archives and Records Administration. Records 
are stored and retained in the BSS Repository for seventy-five (75) 
years, from the date of last action on the file. BSS is utilizing ISRS' 
retention schedule as a model. Biometric-based background checks are 
conducted on individuals and/or petitioners from the age of fourteen 
(14) and up. The 75-year retention rate comes from the length of time 
USCIS may interact with a customer. Further, retaining the data for 
this period of time will enable USCIS to fight identity fraud and 
misappropriation of benefits.

System manager(s) and address:
    Branch Chief of Application Support for Office of Field Operations, 
U.S. Citizenship and Immigration Services, Department of Homeland 
Security, 20 Massachusetts Avenue, NW., Washington, DC 20529.

Notification procedure:
    To determine whether this system contains records relating to you, 
write the USCIS Freedom of Information Act/Privacy Act officer. Mail 
requests to: U.S. Citizenship and Immigration Services, National 
Records Center, FOIA/PA Office, P.O. Box 648010, Lee's Summit, MO 
64064-8010.

Record access procedures:
    Follow ``Notification procedures'' above.

[[Page 17176]]

Contesting record procedures:
    Redress procedures are established and operated by the program 
through which the data was originally collected. In the case of redress 
requests for DHS organizations, if an individual is not satisfied with 
the response, an individual can appeal his or her case to the DHS Chief 
Privacy Officer, who will conduct a review and provide final 
adjudication on the matter.

Record source categories:
    Information contained in this system of records is obtained from 
other USCIS Systems of Records; including, CLAIMS3, NPS II/ICPS, and 
electronic live scan devices located at ASCs. Information contained in 
the system is also obtained from the Federal Bureau of Investigation, 
and the United States Visitor and Immigrant Status Indicator 
Technology. All information contained in BSS is derived from the above 
systems.

Exemptions claimed for the system:
    None.

    Dated: March 28, 2007.
Hugo Teufel III,
Chief Privacy Officer.
[FR Doc. 07-1643 Filed 4-5-07; 8:45 am]
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