§ 1105. — Liaison with internal security officers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1105]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 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.
(June 27, 1952, ch. 477, title I, Sec. 105, 66 Stat. 175; Pub. L. 95-
105, title I, Sec. 109(b)(2), Aug. 17, 1977, 91 Stat. 847; Pub. L. 103-
236, title I, Sec. 162(h)(3), Apr. 30, 1994, 108 Stat. 408; Pub. L. 107-
56, title IV, Sec. 403(a), Oct. 26, 2001, 115 Stat. 343.)
Amendments
2001--Pub. L. 107-56 inserted ``; data exchange'' after ``security
officers'' in section catchline, designated existing provisions as
subsec. (a), inserted ``and border'' before ``security of the United
States'', and added subsecs. (b) to (d).
1994--Pub. L. 103-236 substituted ``Administrator'' for ``Assistant
Secretary of State for Consular Affairs'' in two places.
1977--Pub. L. 95-105 substituted ``Assistant Secretary of State for
Consular Affairs'' for ``administrator'' in two places.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-236 applicable with respect to officials,
offices, and bureaus of Department of State when executive orders,
regulations, or departmental directives implementing the amendments by
sections 161 and 162 of Pub. L. 103-236 become effective, or 90 days
after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub.
L. 103-236, as amended, set out as a note under section 2651a of Title
22, Foreign Relations and Intercourse.
Statutory Construction
Pub. L. 107-56, title IV, Sec. 403(d), Oct. 26, 2001, 115 Stat. 345,
provided that: ``Nothing in this section [enacting section 1379 of this
title, amending this section, and enacting provisions set out as a note
under 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.''
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of this title.
Reporting Requirement
Pub. L. 107-56, title IV, Sec. 403(b), Oct. 26, 2001, 115 Stat. 344,
provided that: ``Not later than 2 years after the date of enactment of
this Act [Oct. 26, 2001], the Attorney General and the Secretary of
State jointly shall report to Congress on the implementation of the
amendments made by this section [amending this section].''
