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8 U.S.C. § 1105 — Liaison with internal security officers; data exchange
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Commissioner and the Administrator shall have authority to maintain direct and continuous liaison with the Directors of the Federal Bureau of Investigation and the Central Intelligence Agency and with other internal security officers of the Government for the purpose of obtaining and exchanging information for use in enforcing the provisions of this chapter in the interest of the internal and border security of the United States. The Commissioner and the Administrator shall maintain direct and continuous liaison with each other with a view to a coordinated, uniform, and efficient administration of this chapter, and all other immigration and nationality laws.
**(b) Access to National Crime Information Center files**
(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 corres
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Source file: Laws/federal/codes/united-states-code/title-8/section-1105-liaison-with-internal-security-officers-data-exchange--ae875e933e.md
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Source location: Title 8, Chapter 12, § 1105; chapter-012-immigration-and-nationality.md
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**(a) In general** The Commissioner and the Administrator shall have authority to maintain direct and continuous liaison with the Directors of the Federal Bureau of Investigation and the Central Intelligence Agency and with other internal security officers of the Government for the purpose of obtaining and exchanging information for use in enforcing the provisions of this chapter in the interest of the internal and border security of the United States. The Commissioner and the Administrator shall maintain direct and continuous liaison with each other with a view to a coordinated, uniform, and efficient administration of this chapter, and all other immigration and nationality laws.
**(b) Access to National Crime Information Center files**
(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) Reconsideration upon development of more cost effective means of sharing information** 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) Regulations** 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 October 26, 2001, 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.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **In general** — The Attorney General and the Secretary of State jointly, through the National Institute of Standards and Technology (NIST), and in consultation with the Secretary of the Treasury and other Federal law enforcement and intelligence agencies the Attorney General or Secretary of State deems appropriate and in consultation with Congress, shall within 15 months after October 26, 2001, develop and certify a technology standard, including appropriate biometric identifier standards, that can be used to verify the identity of persons applying for a United States visa or such persons seeking to enter the United States pursuant to a visa for the purposes of conducting background checks, confirming identity, and ensuring that a person has not received a visa under a different name or such person seeking to enter the United States pursuant to a visa.
(2) **Interoperable** — The technology standard developed pursuant to paragraph (1), shall be the technological basis for a cross-agency, cross-platform electronic system that is a cost-effective, efficient, fully interoperable means to share law enforcement and intelligence information necessary to confirm the identity of such persons applying for a United States visa or such person seeking to enter the United States pursuant to a visa.
(3) **Accessible** — The electronic system described in paragraph (2), once implemented, shall be readily and easily accessible to—
(A) all consular officers responsible for the issuance of visas;
(B) all Federal inspection agents at all United States border inspection points; and
(C) all law enforcement and intelligence officers as determined by regulation to be responsible for investigation or identification of aliens admitted to the United States pursuant to a visa.
(4
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1379
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Federal law — U.S. Code and appendices · legal_authorities
There is created and established in the Department of Justice an Immigration and Naturalization Service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1551
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Secretary of State**
(1) The Department of State shall be administered, in accordance with this Act and other provisions of law, under the supervision and direction of the Secretary of State (hereinafter referred to as the “Secretary”).
(2) The Secretary, the Deputy Secretary of State, and the Deputy Secretary of State for Management and Resources shall be appointed by the President, by and with the advice and consent of the Senate.
(3)
(A) Notwithstanding any other provision of law and except as provided in this section, the Secretary shall have and exercise any authority vested by law in any office or official of the Department of State. The Secretary shall administer, coordinate, and direct the Foreign Service of the United States and the personnel of the Department of State, except where authority is inherent in or vested in the President.
(B)
(i) The Secretary shall not have the authority of the Inspector General or the Chief Financial Officer.
(ii) The Secretary shall not have any authority given expressly to diplomatic or consular officers.
(4) The Secretary is authorized to promulgate such rules and regulations as may be necessary to carry out the functions of the Secretary of State and the Department of State. Unless otherwise specified in law, the Secretary may delegate authority to perform any of the functions of the Secretary or the Department to officers and employees under the direction and supervision of the Secretary. The Secretary may delegate the authority to redelegate any such functions.
**(b) Under Secretaries**
(1) **In general** — There shall be in the Department of State not more than 6 Under Secretaries of State, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall b
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** For purposes of this section—
(1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title;
(2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;
(3) the term “maintain” includes maintain, collect, use, or disseminate;
(4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
(5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;
(6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim);
(7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;
(8) the term “matching program”—
(A) means any computerized comparison of—
(i) two or more automated systems of records or a system of records with non-Federal records for the purpose
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Federal law — U.S. Code and appendices · legal_authorities
Page 80
TITLE 8—ALIENS AND NATIONALITY
§ 1105
may be advised regarding the administration of this
chapter by consular officers. He shall be charged with
any and all responsibility and authority in the admin-
istration of the Bureau and of this chapter which are
conferred on the Secretary of State as may be dele-
gated to him by the Secretary of State or which may
be prescribed by the Secretary of State. He shall also
perform such other duties as the Secretary of State
may prescribe.’’
Subsec. (c). Pub. L. 103–236, § 162(h)(2)(D), substituted
‘‘Department of State’’ for ‘‘Bureau’’.
Subsec. (d). Pub. L. 103–236, § 162(h)(2)(E), struck out
before period at end ‘‘, of the Bureau of Consular Af-
fairs’’.
1988—Pub. L. 100–525 substituted ‘‘Bureau of Consular
Affairs’’ for ‘‘Bureau of Security and Consular Affairs’’
in section catchline.
1977—Subsec. (a)(2). Pub. L. 95–105, § 109(b)(1)(A),
struck out ‘‘Security and’’ after ‘‘Bureau of’’.
Subsec. (b). Pub. L. 95–105, § 109(b)(1)(B), substituted
‘‘Consular Affairs, to be headed by an Assistant Sec-
retary of State for Consular Affairs’’ for ‘‘Security and
Consular Affairs, to be headed by an administrator
(with an appropriate title to be designated by the Sec-
retary of State), with rank equal to that of an Assist-
ant Secretary of State’’ and ‘‘Assistant Secretary of
State for Consular Affairs’’ for ‘‘administrator’’ and
struck out provision that the administrator shall be
appointed by the President by and with the advice and
consent of the Senate.
Subsec. (d). Pub. L. 95–105, § 109(b)(1)(C), struck out
‘‘Security and’’ after ‘‘Bureau of’’.
Subsec. (f). Pub. L. 95–105, § 109(b)(1)(D), struck out
subsec. (f) which placed Bureau of Security and Con-
sular Affairs under immediate jurisdiction of Deputy
U
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