8 U.S.C. § 1105 — Liaison with internal security officers;

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 Under Secretary of State for Administration. 1964—Subsec. (b). Pub. L. 88–426 repealed provisions which related to compensation of Administrator. See section 5311 et seq. of Title 5, Government Organization and Employees. 1962—Subsec. (b). Pub. L. 87–510 provided for appoint- ment of Administrator of Bureau of Security and Con- sular Affairs by President by and with advice and con- sent of Senate. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 applicable with re- spect to officials, offices, and bureaus of Department of State when executive orders, regulations, or depart- mental 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 Rela- tions and Intercourse. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. AUTHORITY OF SECRETARY OF STATE Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of Title 22, Foreign Relations and Inter- course, and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of Title 22. ASSUMPTION OF DUTIES BY ADMINISTRATOR OF BUREAU OF SECURITY AND CONSULAR AFFAIRS Pub. L. 95–105, title I, § 109(b)(4), Aug. 17, 1977, 91 Stat. 847, provided that: ‘‘The individual holding the position of administrator of the Bureau of Security and Con- sular Affairs on the date of enactment of this section [Aug. 17, 1977] shall assume the duties of the Assistant Secretary of State for Consular Affairs and shall not be required to be reappointed by reason of the enactment of this section.’’ REFERENCES TO BUREAU OF SECURITY AND CONSULAR AFFAIRS OR ADMINISTRATOR Pub. L. 95–105, title I, § 109(b)(5), Aug. 17, 1977, 91 Stat. 847, provided that: ‘‘Any reference in any law to the Bu- reau of Security and Consular Affairs or to the admin- istrator of such Bureau shall be deemed to be a ref- erence to the Bureau of Consular Affairs or to the As- sistant Secretary of State for Consular Affairs, respec- tively.’’ § 1105. Liaison with internal security officers; data exchange (a) In general The Commissioner and the Administrator shall have authority to maintain direct and con- tinuous liaison with the Directors of the Federal Bureau of Investigation and the Central Intel- ligence Agency and with other internal security officers of the Government for the purpose of ob- taining 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 contin- uous liaison with each other with a view to a co- ordinated, 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 pro- vide the Department of State and the Service access to the criminal history record informa- tion contained in the National Crime Informa- tion Center’s Interstate Identification Index (NCIC-III), Wanted Persons File, and to any other files maintained by the National Crime In- formation Center that may be mutually agreed upon by the Attorney General and the agency receiving the access, for the purpose of deter- mining whether or not a visa applicant or appli- cant 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 inter- vals mutually agreed upon with the agency re- ceiving the access. Upon receipt of such updated extracts, the receiving agency shall make cor- responding 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 his- tory record. To obtain the full content of a Page 81 TITLE 8—ALIENS AND NATIONALITY § 1105a 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 Infor- mation 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 sub- section (b) may be reconsidered by the Attorney General and the receiving agency upon the de- velopment and deployment of a more cost-effec- tive and efficient means of sharing the informa- tion. (d) Regulations For purposes of administering this section, the Department of State shall, prior to receiving ac- cess to NCIC data but not later than 4 months after October 26, 2001, promulgate final regula- tions— (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 Bu- reau of Investigation, in order— (A) to limit the redissemination of such in- formation; (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 indi- viduals who are subjects of such informa- tion. (June 27, 1952, ch. 477, title I, § 105, 66 Stat. 175; Pub. L. 95–105, title I, § 109(b)(2), Aug. 17, 1977, 91 Stat. 847; Pub. L. 103–236, title I, § 162(h)(3), Apr. 30, 1994, 108 Stat. 408; Pub. L. 107–56, title IV, § 403(a), Oct. 26, 2001, 115 Stat. 343.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. AMENDMENTS 2001—Pub. L. 107–56 inserted ‘‘; data exchange’’ after ‘‘security officers’’ in section catchline, designated ex- isting provisions as subsec. (a), inserted ‘‘and border’’ before ‘‘security of the United States’’, and added sub- secs. (b) to (d). 1994—Pub. L. 103–236 substituted ‘‘Administrator’’ for ‘‘Assistant Secretary of State for Consular Affairs’’ in two places. 1977—Pub. L. 95–105 substituted ‘‘Assistant Secretary of State for Consular Affairs’’ for ‘‘administrator’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 applicable with re- spect to officials, offices, and bureaus of Department of State when executive orders, regulations, or depart- mental 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 Rela- tions and Intercourse. STATUTORY CONSTRUCTION Pub. L. 107–56, title IV, § 403(d), Oct. 26, 2001, 115 Stat. 345, provided that: ‘‘Nothing in this section [enacting section 1379 of this title, amending this section, and en- acting provisions set out as a note under this section], or in any other law, shall be construed to limit the au- thority 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 (NCIC) Inter- state Identification Index (NCIC-III), or to any other information maintained by the NCIC, to any Federal agency or officer authorized to enforce or administer the immigration laws of the United States, for the pur- pose of such enforcement or administration, upon terms that are consistent with the National Crime Pre- vention and Privacy Compact Act of 1998 (subtitle A of title II of Public Law 105–251; 42 U.S.C. 14611–16) [now 34 U.S.C. 40311–16] and section 552a of title 5, United States Code.’’ ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. REPORTING REQUIREMENT Pub. L. 107–56, title IV, § 403(b), Oct. 26, 2001, 115 Stat. 344, provided that: ‘‘Not later than 2 years after the date of enactment of this Act [Oct. 26, 2001], the Attor- ney General and the Secretary of State jointly shall re- port to Congress on the implementation of the amend- ments made by this section [amending this section].’’ § 1105a. Employment authorization for battered spouses of certain nonimmigrants (a) In general In the case of an alien spouse admitted under subparagraph (A), (E)(iii), (G), or (H) of section 1101(a)(15) of this title who is accompanying or following to join a principal alien admitted under subparagraph (A), (E)(iii), (G), or (H) of such section, respectively, the Secretary of Homeland Security may authorize the alien spouse to engage in employment in the United States and provide the spouse with an ‘‘employ- ment authorized’’ endorsement or other appro- priate work permit if the alien spouse dem- onstrates that during the marriage the alien spouse or a child of the alien spouse has been battered or has been the subject of extreme cru- elty perpetrated by the spouse of the alien spouse. Requests for relief under this section shall be handled under the procedures that apply to aliens seeking relief under section 1154(a)(1)(A)(iii) of this title. (b) Construction The grant of employment authorization pursu- ant to this section shall not confer upon the alien any other form of relief. (June 27, 1952, ch. 477, title I, § 106, as added Pub. L. 109–162, title VIII, § 814(c), Jan. 5, 2006, 119 Stat. 3059.)