Page:United States Statutes at Large Volume 115 Part 1.djvu/365

 PUBLIC LAW 107-56 —OCT. 26, 2001 115 STAT. 343 and facilities to support such personnel, at ports of entry in each State along the Northern Border; and (4) an additional $50,000,000 each to the Immigration and Naturalization Service and the United States Customs Service for purposes of making improvements in technology for monitoring the Northern Border and acquiring additional equipment at the Northern Border. SEC. 403. ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO CERTAIN IDENTIFYING INFORMATION IN THE CRIMINAL HISTORY RECORDS OF VISA APPLICANTS AND APPLICANTS FOR ADMISSION TO THE UNITED STATES. (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 Deadline, of State shall, prior to receiving access to NCIC data but not Regulations, 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

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