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Code · BILL · 114th Congress · S. 1867 (Introduced in Senate) — To protect children from exploitation by providing advance notice of intended travel by registered sex offenders outs... · Sec. 7

Sec. 7. Access to National Crime Information Center files

604 words·~3 min read·/bill/114/s/1867/is/section-7·

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The Attorney General and the Director of the Federal Bureau of Investigation shall provide the Secretary of State with access to the criminal history record information contained in the National Crime Information Center's Interstate Identification Index (NCIC–III), National Sex Offender Registry, and to any other files maintained by the National Crime Information Center that may be mutually agreed upon by the Attorney General and the Secretary of State, for the purpose of determining whether a passport applicant is a convicted sex offender indexed in any such file. Except as provided in paragraph (2), the access authorized under subsection
(a)shall be provided by means of extracts of the records for placement in the automated Consular and Lookout Support System (CLASS) or other appropriate database. The provision of extracts under paragraph
(1)may be reconsidered by the Attorney General and the Secretary of State upon the development and deployment of a more cost-effective and efficient means of sharing such information. The Director of the Federal Bureau of Investigation shall provide periodic updates of the extracts at intervals mutually agreed upon with the Secretary of State. Upon receipt of such updated extracts, the Secretary of State shall make corresponding updates to its databases and destroy the previously provided extracts. Access to an extract under this section does not entitle the Secretary of State to obtain the full content of the corresponding automated criminal history record. For purposes of administering this section, the Secretary of State, before receiving access to National Crime Information Center data, and not later than 4 months after the date of enactment of this Act, shall promulgate final regulations to establish the conditions for the use of the information received from the Federal Bureau of Investigation— to limit the redissemination of such information; to ensure that such information is used solely to determine whether an individual is listed as a convicted sex offender; to ensure the security, confidentiality, and destruction of such information; and to protect any privacy rights of individuals who are subjects of such information. If a check of the National Crime Information Center, National Sex Offender Registry shows that a passport applicant is a registered sex offender, the Secretary of State shall transmit all relevant information about the applicant to the United States Marshals Service’s National Sex Offender Targeting Center pursuant to an agreement between the Attorney General and the Secretary of State requesting a determination of whether the applicant is a covered sex offender. Not later than 1 year after the date of enactment of this Act, the Attorney General and the Secretary of State shall jointly report to Congress on the implementation of this section. There are authorized to be appropriated to the Secretary of State, the Attorney General , and the Secretary of Homeland Security such sums as may be necessary to carry out this section. Nothing in this section, or in any other law, may be construed to limit the authority of the Attorney General or the Director of the Federal Bureau of Investigation to provide access to the criminal history record information contained in the National Crime Information Center's Interstate Identification Index (NCIC–III), or to any other information maintained by the National Crime Information Center, to any Federal agency or officer authorized to enforce or administer the Act of July 3, 1926 ( 22 U.S.C. 211a ), for the purpose of such enforcement or administration, upon terms that are consistent with National Crime Prevention and Privacy Compact Act of 1998 (subtitle A of title II of Public Law 105–251 ; 42 U.S.C. 14601 et seq. ) and section 552a of title 5, United States Code.
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  • Pub. L. 105-251
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Sec. 7
Access to National Crime Information Center files
U.S.C.§ 211a
U.S.C.§ 14601
Pub. L.Pub. L. 105-251
Cites 3Cited by 0 across 0 sources
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