|
U.S. Code as of:
01/03/05
Section 1105. Liaison with internal security officers; data exchange
(a) In general
The Commissioner and the Administrator shall have authority to
maintain direct and continuous liaison with the Directors of the
Federal Bureau of Investigation and the Central Intelligence Agency
and with other internal security officers of the Government for the
purpose of obtaining and exchanging information for use in
enforcing the provisions of this chapter in the interest of the
internal and border security of the United States. The Commissioner
and the Administrator shall maintain direct and continuous liaison
with each other with a view to a coordinated, uniform, and
efficient administration of this chapter, and all other immigration
and nationality laws.
(b) Access to National Crime Information Center files
(1) The Attorney General and the Director of the Federal Bureau
of Investigation shall provide the Department of State and the
Service access to the criminal history record information contained
in the National Crime Information Center's Interstate
Identification Index (NCIC-III), Wanted Persons File, and to any
other files maintained by the National Crime Information Center
that may be mutually agreed upon by the Attorney General and the
agency receiving the access, for the purpose of determining whether
or not a visa applicant or applicant for admission has a criminal
history record indexed in any such file.
(2) Such access shall be provided by means of extracts of the
records for placement in the automated visa lookout or other
appropriate database, and shall be provided without any fee or
charge.
(3) The Federal Bureau of Investigation shall provide periodic
updates of the extracts at intervals mutually agreed upon with the
agency receiving the access. Upon receipt of such updated extracts,
the receiving agency shall make corresponding updates to its
database and destroy previously provided extracts.
(4) Access to an extract does not entitle the Department of State
to obtain the full content of the corresponding automated criminal
history record. To obtain the full content of a criminal history
record, the Department of State shall submit the applicant's
fingerprints and any appropriate fingerprint processing fee
authorized by law to the Criminal Justice Information Services
Division of the Federal Bureau of Investigation.
(c) Reconsideration upon development of more cost effective means
of sharing information
The provision of the extracts described in subsection (b) of this
section may be reconsidered by the Attorney General and the
receiving agency upon the development and deployment of a more
cost-effective and efficient means of sharing the information.
(d) Regulations
For purposes of administering this section, the Department of
State shall, prior to receiving access to NCIC data but not later
than 4 months after October 26, 2001, promulgate final regulations
-
(1) to implement procedures for the taking of fingerprints; and
(2) to establish the conditions for the use of the information
received from the Federal Bureau of Investigation, in order -
(A) to limit the redissemination of such information;
(B) to ensure that such information is used solely to
determine whether or not to issue a visa to an alien or to
admit an alien to the United States;
(C) to ensure the security, confidentiality, and destruction
of such information; and
(D) to protect any privacy rights of individuals who are
subjects of such information.
|
|