Memorandum of Understanding between the FBI and [Redacted] and [Redacted] for the Physical Collocation of the [Redacted] Automated Biometric Identification System withing the FBI Criminal Justice Information Services Divison

MEMORANDUM OF UNDERSTANDING
BETWEEN
-THE FEDERAL BUREAU OF INVESTIGATION
AND
ALL INFORilATION CONTAINED
HEPEIN L.5 UNCLASSIFIED b2
DATE 10-00-2009 BY 15.5179 DNIUSTV b7E
- FOR
THE PHYSICAL COLLOCATION OF THEI
AUTOMATED BIOMETRIC IDENTIFICATION SYSTEM WITHIN THE
FEDERAL BUREAU OF [INVESTIGATION
___CRIMINALJUSTICEDWORMATION-SEIWIC—ES-DI:WISIGN,
GENERAL PROVISIONS
r. PURPOSE: This Memorandum of Understanding (MOU), between the Federal Bureau of
In esti ation (FBI) and
.which includes' herema
ref reed ta- as the `:c15-artrds; -'-afeinorializes the parties' oesire to physically.colloca:tel
J 'within the FBI Criminal Justice Information
Services (CJIS) Division.
2. BACKGROUND I) proponent for biometrics, leads and coordinates
the development, adoption, and institutionalization of biometric techniques for acquiring and
retaining biometric and descriptive data recorded by military units.
.The FBI acqUires identification information, including fingerprints and biographical data„
as a result of investigative activity, operational deployments, agreements with law enforcement •. •
and goverrunent agencies, and interaction with foreign law enforcement and security
counterparts.
'Iraq, Afghanistan, and other overseas
locations, through the development of a more comprehensive database, known as
to search biometric data for links to known or potential threats to national security.
- Establishment o n an expeditious and secure manner includes the physical
colidcation of the ithin the'
3.Q c, I 3g were_ Gam/
FActiC /47Liocivq-
Consequently, the parties are entering into this MOU in light ofi
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3. AUTHORITY: The FBI is entering into this MOU under the authority provided by title 28,
United States Code (U.S.C.), §§ 533-534 and the Attorney General's April 11, 2002 order to
coordinate and share information related to terrorism.
The enters into this MOU wider the authority provided byl
emorandum titled
ate er 7, 2000, This memorandurnstates tha twill, inter alia' , "ensure that
biometric technologies are integrated effectively into information assurance systems, physiCal •
access control systems, best business practices, and oth la
the same m emorandmu'
p lications as appropriate." In
charge jinter alia, with
. "develop(ing) and implement[ing] 'storage methods for biometric templates' and "to acquire, test,
(and] evaluate biometrics." Th also enters into this MOU under the authority
provided bf
memorandum
[`the mission of
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developing, implementing, and operating al
lentosinto-this-agreementgarstrarrt-to- the Novetritiert,-2004,- •
emorandum titledi I •
I which designates as the central coordination point and repository for detainee
biometric data.
4. SCOPE: This MOU defines the responsibilities of the parties.
a. The FBI agrees to:
i. Allocate a reasonable amount of space within the CTIS facility to allow for
collocation oil The space should allow for the hardWare to be
housed, as well as accommodate on-site personnel manning and/or adrninisterin
the systems.
ii. Provide' Ion-site personnel ready access to telephones, office automation
equipment, and the associated required infrastructure, commensurate with
expected job duties.
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iii. Provide a technical and operational point of contact (POC).
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b. The Blv10 agrees to:
i. Maintain the space'allocated at the CJIS facility in-a professional manner. As a .
note, this physical collocation of the' " is being done to expedite the - b2
USG's capability to identify national security threats and is expected to be b7E
temporary until migrates to a permanent facility. .
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ii. Provide FBI CIIS a technical,and operational POC,
5. FUNDING: There are no reimbursable expenses associated with this level of support. This
MOU is not an obligation or commitment of funds,. nor .a basis for transfer of funds, but rather is
a basic statement ofunderstanding between the parties hereto of the nature of the relationship
established through physical collocation ofl land FBI Integrated Automated
Fingerprint Identification System. Unless otherwise agreed in writing, each party shall bear its
own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary
processes and to the availability of funds and resources pursuant to applicable laws, regulations,
and policies. The parties expressly acknowledge that the above language in no way implies that
Congress will appropriate funds for such expenditures.
6. SETTLEMENT OF DISPUTES: Disagreements between the parties arising under or
relating to this MOU will be resolved only by consultation between.the parties and will not be
referred to any other person or entity for settlement. .
_Ltis_thelntimuf the_Partie_q thnt..the actions earried_opt uncler-thic MOU
be conducted,at the unclassified‘ level. No classified information will be provided or generated. under this MOU. 'Additionally ., on-site personnel will meet all relevant' lind FBI
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security standards and will.receive appropriate badging/credentialing to ailoW them to perform
all functions necessary for their duties without escort.
S. AMENDMENT, TERMLNATION, ENTRY.TNTQPORCE, AND ...DURATION: .4!
• '
a. All activities of the parties under this MOU will be carried out in accordance with the
above-described provisions.
b. This MOU may be amended and/or terminated by the mutual written consent of the -
parties' authorized representatives.
c. Either party may terminate this MOU upon 30 days written notification to the other
party. Such notice will be.the subject of immediate consultation by the parties to decide '
upon the appropriate course of action. In the event of such tennination,.the following
procedures apply:
i. The parties will continue participation, financial or otherwise, up to the
, effective date of termination,
ii. Each party will pay the costs it incurs as a result of termination.
iii. The parties will retain all information and rights therein received under the
-provisions of this MOU prior to the termination, subject to the provisions of this
MOU.
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9. FORCE AND EFFECT: This MOU, which consists of nine numbered sections, will enter
into effect upon signature of the parties and will remain in effect until terminated. The parties
will review the contents of this MOU annually to determine whether there is a need for the
deletion, addition, or amendment of any provision. This MOU is not intended, and should not be
construed, to create any right or benefit, substantive or procedural, enforceable at law or
otherwise by any third party against the parties, their parent agencies, the United States, or the
officers, employees, agents or other associated personnel thereof..
The foregoing represents the understandings reached between the FBI and'
FOR THE FEDERALIBUREAU OF INVESTIGATION
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William C. Temple
ACting Assistant Director
Criminal Justice Information
Services Division
FOR THE BIOMETRICS MANAGEMENT OFFICE
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