[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.
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