Aliens and Nationality - 8 USC Section 1105

01/03/05

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.

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."

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]."

Last modified: June 14, 2006