Sec. 403. ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO CERTAIN IDENTIFYING INFORMATION IN THE CRIMINAL HISTORY RECORDS OF VISA APPLICANTS AND APPLICANTS FOR ADMISSION TO THE UNITED STATES
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## SEC. 403 ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO CERTAIN IDENTIFYING INFORMATION IN THE CRIMINAL HISTORY RECORDS OF VISA APPLICANTS AND APPLICANTS FOR ADMISSION TO THE UNITED STATES ###
(a)Amendment of the Immigration and Nationality Act Section 105 of the Immigration and Nationality Act (8 U.S.C. 1105) is amended— ####
(1)in the section heading, by inserting “; data exchange” after “security officers”; ####
(2)by inserting “(a)” after “Sec. 105.”; ####
(3)in subsection (a), by inserting “and border” after “internal” the second place it appears; and ####
(4)by adding at the end the following: > > ### “(b) > > > ####
(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) > > The provision of the extracts described in subsection
(b)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) > > 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 the date of enactment of this subsection, 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.” > . ###
(b)Reporting Requirement **[**[8 U.S.C. 1105 note](/us/usc/t8/s1105)**]** Not later than 2 years after the date of enactment of this Act, the Attorney General and the Secretary of State jointly shall report to Congress on the implementation of the amendments made by this section. ###
(c)Technology Standard to Confirm Identity **[**[8 U.S.C. 1379](/us/usc/t8/s1379)**]** ####
(1)In General The Attorney General and the Secretary of State jointly, through the National Institute of Standards and Technology (NIST), and in consultation with the Secretary of the Treasury and other Federal law enforcement and intelligence agencies the Attorney General or Secretary of State deems appropriate and in consultation with Congress, shall within 15 months after the date of the enactment of this section, develop and certify a technology standard, including appropriate biometric identifier standards, that can be used to verify the identity of persons applying for a United States visa or such persons seeking to enter the United States pursuant to a visa for the purposes of conducting background checks, confirming identity, and ensuring that a person has not received a visa under a different name or such person seeking to enter the United States pursuant to a visa. ####
(2)Interoperable The technology standard developed pursuant to paragraph (1), shall be the technological basis for a cross-agency, cross-platform electronic system that is a cost-effective, efficient, fully interoperable means to share law enforcement and intelligence information necessary to confirm the identity of such persons applying for a United States visa or such person seeking to enter the United States pursuant to a visa. ####
(3)Accessible The electronic system described in paragraph (2), once implemented, shall be readily and easily accessible to— #####
(A)all consular officers responsible for the issuance of visas; #####
(B)all Federal inspection agents at all United States border inspection points; and #####
(C)all law enforcement and intelligence officers as determined by regulation to be responsible for investigation or identification of aliens admitted to the United States pursuant to a visa. ####
(4)Report Not later than one year after the date of the enactment of this Act, and every 2 years thereafter, the Attorney General and the Secretary of State shall jointly, in consultation with the Secretary of Treasury, report to Congress describing the development, implementation, efficacy, and privacy implications of the technology standard and electronic database system described in this subsection. ####
(5)Funding There is authorized to be appropriated to the Secretary of State, the Attorney General, and the Director of the National Institute of Standards and Technology such sums as may be necessary to carry out the provisions of this subsection. ###
(d)Statutory Construction **[**[8 U.S.C. 1105 note](/us/usc/t8/s1105)**]** Nothing in this section, or in any other law, shall 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
(NCIC)Interstate Identification Index (NCIC-III), or to any other information maintained by the NCIC, to any Federal agency or officer authorized to enforce or administer the immigration laws of the United States, for the purpose of such enforcement or administration, upon terms that are consistent with the National Crime Prevention and Privacy Compact Act of 1998 (subtitle A of title II of Public Law 105–251; 42 U.S.C. 14611–16) and section 552a of title 5, United States Code.
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- Pub. L. 105-251
- 42 USC 14611–16
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Sec. 403
ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO CERTAIN IDENTIFYING INFORMATION IN THE CRIMINAL HISTORY RECORDS OF VISA APPLICANTS AND APPLICANTS FOR ADMISSION TO THE UNITED STATES
Pub. L.Pub. L. 105-251
Cite42 USC 14611–16
Cites 4Cited by 0 across 0 sources