Sec. 563. Access to the National Crime Information Center Interstate Identification Index
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Section 104 of the Immigration and Nationality Act ( 8 U.S.C. 1104 ) is amended by adding at the end the following: Notwithstanding any other provision of law, any Department of State personnel with authority to grant or refuse visas or passports may carry out activities that have a criminal justice purpose. . Section 105 of the Immigration and Nationality Act ( 8 U.S.C. 1105 ) is amended by striking subsections
(b)and
(c)and inserting the following: Notwithstanding any other provision of law, the Attorney General and the Director of the Federal Bureau of Investigation shall provide to the Department of Homeland Security and the Department of State access to the criminal history record information contained in the National Crime Information Center's Interstate Identification Index (NCIC-III) and the Wanted Persons File and to any other files maintained by the National Crime Information Center for the purpose of determining whether an applicant or petitioner for a visa, admission, or any benefit, relief, or status under the immigration laws, or any beneficiary of an application, petition, relief, or status under the immigration laws, has a criminal history record indexed in the file. The Secretary of Homeland Security and the Secretary of State— shall have direct access, without any fee or charge, to the information described in paragraph
(1)to conduct name-based searches, file number searches, and any other searches that any criminal justice or other law enforcement officials are entitled to conduct; and may contribute to the records maintained by the National Crime Information Center. The Secretary of Homeland Security shall receive, on request by the Secretary of Homeland Security, access to the information described in paragraph
(1)by means of extracts of the records for placement in the appropriate database without any fee or charge. Notwithstanding any other provision of law, adjudication of eligibility for benefits, relief, or status under the immigration laws and other purposes relating to citizenship and immigration services, shall be considered to be criminal justice or law enforcement purposes with respect to access to or use of any information maintained by the National Crime Information Center or other criminal history information or records. .
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Sec. 563
Access to the National Crime Information Center Interstate Identification Index
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