§ 1105. Liaison with internal security officers; data exchange

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1952

   Pub. L. 82–477 · 66 Stat. 609

   Enacted · 8 U.S.C. § 1105

   June 27, 1952, ch. 477, title I, § 105, 66 Stat. 175

   Source evidence

   Code source credit
   June 27, 1952, ch. 477, title I, § 105, 66 Stat. 175

2. 1977

   Foreign Relations Authorization Act, Fiscal Year 1978

   Pub. L. 95–105 title I § 109(b)(2) · 91 Stat. 844

   Substituted · 8 U.S.C. § 1105

   Pub. L. 95–105 substituted “Assistant Secretary of State for Consular Affairs” for “administrator” in two places

   Source evidence

   Code amendment note
   Pub. L. 95–105 substituted “Assistant Secretary of State for Consular Affairs” for “administrator” in two places.

   Enacted provision · exact public law section
   (2) Section 105 of such Act is amended by striking out “administrator” both places it appears and inserting in lieu thereof “Assistant Secretary of State for Consular Affairs”.

3. 1994

   Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

   Pub. L. 103–236 title I § 162(h)(3) · 108 Stat. 382

   Substituted · 8 U.S.C. § 1105

   Pub. L. 103–236 substituted “Administrator” for “Assistant Secretary of State for Consular Affairs” in two places

   Source evidence

   Code amendment note
   Pub. L. 103–236 substituted “Administrator” for “Assistant Secretary of State for Consular Affairs” in two places.

   Enacted provision · exact public law section
   (3) in section 105 (8 U.S.C. 1105) by striking “Assistant Secretary of State for Consular Affairs” and inserting “Administrator” each place it appears.

   Effective date note
   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.

4. 2001

   International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

   Pub. L. 107–56 title IV § 403(a) · 115 Stat. 272

   1. Inserted · 8 U.S.C. § 1105

      Pub. L. 107–56 inserted “; data exchange” after “security officers” in section catchline

   2. Amended · 8 U.S.C. § 1105

      Pub. L. 107–56 designated existing provisions as subsec. (a)

   3. Inserted · 8 U.S.C. § 1105

      Pub. L. 107–56 inserted “and border” before “security of the United States”

   4. Added · 8 U.S.C. § 1105

      Pub. L. 107–56 added subsecs. (b) to (d)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (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) 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) The provision of the extracts described in subsection (b) 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) 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 alienor 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.”.

6 of 7 references resolved to an enrolled provision · 1 partial