Garvey

9 FAM 40.5 LIMITATION ON THE USE OF NATIONAL CRIME INFORMATION CENTER
(NCIC) CRIMINAL HISTORY INFORMATION (TL:VISA-416; 05-23-2002) (a)
Authorized Access. The FBI's National Crime Information Center (NCIC)
criminal history records are law enforcement sensitive and can only be
accessed by authorized consular personnel with visa processing
responsibilities. (b) Use of information. NCIC criminal history record
information shall be used solely to determine whether or not to issue
a visa to an alien or to admit an alien to the United States. All
third party requests for access to NCIC criminal history record
information shall be referred to the FBI. (c) Confidentiality and
protection of records. To protect applicants' privacy, authorized
Department personnel must secure all NCIC criminal history records,
automated or otherwise, to prevent access by unauthorized persons.
Such criminal history records must be destroyed, deleted or
overwritten upon receipt of updated versions. 9 FAM 40.5 Related
Statutory Provisions (TL:VISA-416; 05-23-2002) INA 105(b) (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.

9 FAM 40.5 Regs/Statutes Page 1 of 2

9 FAM 40.5 Regs/Statutes Page 2 of 2

(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 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.