[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2965 Introduced in House (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.
                                 <all>