§ 1721. Interim measures for access to and coordination of law enforcement and other information

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(a)Interim directive Until the plan required by subsection

(c)is implemented, Federal law enforcement agencies and the intelligence community shall, to the maximum extent practicable, share any information with the Department of State and the Immigration and Naturalization Service relevant to the admissibility and deportability of aliens, consistent with the plan described in subsection (c).

(b)Report identifying law enforcement and intelligence information

(1)In general Not later than 120 days after May 14, 2002, the President shall submit to the appropriate committees of Congress a report identifying Federal law enforcement and the intelligence community information needed by the Department of State to screen visa applicants, or by the Immigration and Naturalization Service to screen applicants for admission to the United States, and to identify those aliens inadmissible or deportable under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].

(2)Omitted

(c)Coordination plan

(1)Requirement for plan Not later than one year after October 26, 2001, the President shall develop and implement a plan based on the findings of the report under subsection

(b)that requires Federal law enforcement agencies and the intelligence community to provide to the Department of State and the Immigration and Naturalization Service all information identified in that report as expeditiously as practicable.

(2)Consultation requirement In the preparation and implementation of the plan under this subsection, the President shall consult with the appropriate committees of Congress.

(3)Protections regarding information and uses thereof The plan under this subsection shall establish conditions for using the information described in subsection

(b)received by the Department of State and Immigration and Naturalization Service—

(A)to limit the redissemination of such information;

(B)to ensure that such information is used solely to determine whether to issue a visa to an alien or to determine the admissibility or deportability of an alien to the United States, except as otherwise authorized under Federal law;

(C)to ensure the accuracy, security, and confidentiality of such information;

(D)to protect any privacy rights of individuals who are subjects of such information;

(E)to provide data integrity through the timely removal and destruction of obsolete or erroneous names and information; and

(F)in a manner that protects the sources and methods used to acquire intelligence information as required by section 403–3(c)(7) of title 50.1

(4)Criminal penalties for misuse of information Any person who obtains information under this subsection without authorization or exceeding authorized access (as defined in section 1030(e) of title 18), and who uses such information in the manner described in any of the paragraphs

(1)through

(7)of section 1030(a) of such title, or attempts to use such information in such manner, shall be subject to the same penalties as are applicable under section 1030(c) of such title for violation of that paragraph.

(Pub. L. 107–173, title II, § 201, May 14, 2002, 116 Stat. 547; Pub. L. 108–177, title III, § 377(f), Dec. 13, 2003, 117 Stat. 2631.)

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