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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

S 1452 IS

107th CONGRESS

1st Session

S. 1452

To provide for electronic access by the Department of State and the Immigration and Naturalization Service to certain information in the criminal history records of the Federal Bureau of Investigation to determine whether or not a visa applicant or applicant for admission has a criminal history record.

IN THE SENATE OF THE UNITED STATES

September 21, 2001

Mr. KENNEDY (for himself, Mr. BROWNBACK, Mr. GRASSLEY, Mr. LEAHY, and Ms. CANTWELL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To provide for electronic access by the Department of State and the Immigration and Naturalization Service to certain information in the criminal history records of the Federal Bureau of Investigation to determine whether or not a visa applicant or applicant for admission has a criminal history record.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. 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) Upon the promulgation of final regulations under subsection (d), 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) Whoever knowingly uses any information obtained pursuant to this subsection for a purpose other than as authorized under this section shall be fined in accordance with title 18, United States Code, imprisoned for not more than two years, or both.

    `(4) 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.

    `(5) 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) Upon the development and deployment of a more cost-effective and efficient means of providing the same information as is provided under subsection (b), the Attorney General and the receiving agency may suspend the arrangement for providing the access described in this section and substitute the newer means.

    `(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- Not later than 1 year 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) STATUTORY CONSTRUCTION- 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.

END


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