
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1360]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                         Part IX--Miscellaneous
 
Sec. 1360. Establishment of central file; information from other 
        departments and agencies
        

(a) Establishment of central file

    There shall be established in the office of the Commissioner, for 
the use of security and enforcement agencies of the Government of the 
United States, a central index, which shall contain the names of all 
aliens heretofore admitted or denied admission to the United States, 
insofar as such information is available from the existing records of 
the Service, and the names of all aliens hereafter admitted or denied 
admission to the United States, the names of their sponsors of record, 
if any, and such other relevant information as the Attorney General 
shall require as an aid to the proper enforcement of this chapter.

(b) Information from other departments and agencies

    Any information in any records kept by any department or agency of 
the Government as to the identity and location of aliens in the United 
States shall be made available to the Service upon request made by the 
Attorney General to the head of any such department or agency.

(c) Reports on social security account numbers and earnings of aliens 
        not authorized to work

    (1) Not later than 3 months after the end of each fiscal year 
(beginning with fiscal year 1996), the Commissioner of Social Security 
shall report to the Committees on the Judiciary of the House of 
Representatives and the Senate on the aggregate quantity of social 
security account numbers issued to aliens not authorized to be employed, 
with respect to which, in such fiscal year, earnings were reported to 
the Social Security Administration.
    (2) If earnings are reported on or after January 1, 1997, to the 
Social Security Administration on a social security account number 
issued to an alien not authorized to work in the United States, the 
Commissioner of Social Security shall provide the Attorney General with 
information regarding the name and address of the alien, the name and 
address of the person reporting the earnings, and the amount of the 
earnings. The information shall be provided in an electronic form agreed 
upon by the Commissioner and the Attorney General.

(d) Certification of search of Service records

    A written certification signed by the Attorney General or by any 
officer of the Service designated by the Attorney General to make such 
certification, that after diligent search no record or entry of a 
specified nature is found to exist in the records of the Service, shall 
be admissible as evidence in any proceeding as evidence that the records 
of the Service contain no such record or entry, and shall have the same 
effect as the testimony of a witness given in open court.

(June 27, 1952, ch. 477, title II, ch. 9, Sec. 290, 66 Stat. 234; Pub. 
L. 100-525, Sec. 9(q), Oct. 24, 1988, 102 Stat. 2621; Pub. L. 104-208, 
div. C, title III, Sec. 308(d)(4)(M), title IV, Sec. 414(a), Sept. 30, 
1996, 110 Stat. 3009-618, 3009-669.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-208, Sec. 308(d)(4)(M), substituted 
``admitted or denied admission to the United States'' for ``admitted to 
the United States, or excluded therefrom'' in two places.
    Subsec. (c). Pub. L. 104-208, Sec. 414(a), amended subsec. (c) 
generally. Prior to amendment, subsec. (c) read as follows: ``The 
Secretary of Health and Human Services shall notify the Attorney General 
upon request whenever any alien is issued a social security account 
number and social security card. The Secretary shall also furnish such 
available information as may be requested by the Attorney General 
regarding the identity and location of aliens in the United States.''
    1988--Subsec. (c). Pub. L. 100-525 substituted ``Secretary of Health 
and Human Services'' for ``Federal Security Administrator'' and ``The 
Secretary'' for ``The Administrator''.


                    Effective Date of 1996 Amendment

    Amendment by section 308(d)(4)(M) of Pub. L. 104-208 effective, with 
certain transitional provisions, on the first day of the first month 
beginning more than 180 days after Sept. 30, 1996, see section 309 of 
Pub. L. 104-208, set out as a note under section 1101 of this title.


       Report on Fraudulent Use of Social Security Account Numbers

    Section 414(b) of div. C of Pub. L. 104-208 provided that: ``The 
Commissioner of Social Security shall transmit to the Attorney General, 
by not later than 1 year after the date of the enactment of this Act 
[Sept. 30, 1996], a report on the extent to which social security 
account numbers and cards are used by aliens for fraudulent purposes.''
