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

HR 2965 IH

107th CONGRESS

1st Session

H. R. 2965

To amend the Immigration and Nationality Act to provide for the exchange of information by electronic means between the Federal Bureau of Investigation and other Federal agencies.

IN THE HOUSE OF REPRESENTATIVES

September 25, 2001

Mr. SHAYS (for himself and Mr. HALL of Ohio) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend the Immigration and Nationality Act to provide for the exchange of information by electronic means between the Federal Bureau of Investigation and other Federal agencies.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Criminal Alien Visa Denial Act of 2001'.

SEC. 2. AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT TO REQUIRE SHARING BY THE FEDERAL BUREAU OF INVESTIGATION OF CERTAIN CRIMINAL RECORD EXTRACTS WITH OTHER FEDERAL AGENCIES IN ORDER TO ENHANCE BORDER SECURITY.

    (a) IN GENERAL- Section 105 of the Immigration and Nationality Act (8 U.S.C. 1105) is amended--

      (1) in the section heading by inserting `AND DATA EXCHANGE' after `OFFICERS';

      (2) in the first sentence by inserting `and border' after `of the internal';

      (3) by inserting `(a)' after the section designation; and

      (4) by inserting at the end the following new subsections:

    `(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 any other files maintained by the National Crime Information Center (NCIC) that may be mutually agreed upon by the Attorney General and the agency receiving access for the purpose of determining whether a visa applicant or applicant for admission has a criminal history record indexed in any such file. 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. The Federal Bureau of Investigation shall provide periodic updates of the extracts at mutually agreed upon intervals. Upon receipt of such updated extracts, the agency receiving access shall make corresponding updates to its database and destroy previously provided extracts. Such access to any extract shall 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.

    `(2) The Attorney General and the agency receiving access may develop and implement other more cost effective, secure, and efficient means of providing information authorized to be shared by paragraph (1).

    `(c) For purposes of administering this section, the Department of State shall, prior to receiving access to National Crime Information Center data, promulgate final regulations--

      `(1) to implement procedures for the taking of fingerprints; and

      `(2) to establish conditions for the use of 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 to issue a visa to an individual;

        `(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) EFFECTIVE DATE AND IMPLEMENTATION- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall be fully implemented not later than 18 months after such date.

    (c) REPORTING REQUIREMENT- Not later than 2 years after the date of the enactment of this Act, the Attorney General and the Secretary of State, jointly, shall report to the Congress on the implementation of the amendments made by this section.

    (d) STATUTORY CONSTRUCTION- Nothing in this section may 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 Interstate Identification Index (NCIC-III), or any other information maintained by the National Crime Information Center, 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, under terms consistent with the National Crime Prevention and Privacy Compact Act of 1998 (42 U.S.C. 14601-16) and section 552a of title 5, United States Code.

END


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