SEC. _04. MANDATORY DISCLOSURE OF INFORMATION. (a) IN GENERAL."Except as otherwise provided inthis section, no Federal agency or bureau, or any officeror employee of such agency or bureau, may"
(1) use the information furnished by the applicantpursuant to an application filed under sectionand l02, for any purpose, other than to makea determination on the application;
(2) make any publication through which the informationfurnished by any particular applicant canbe identified; or
(3) permit anyone other than the sworn officers,employees or contractors of such agency, bu.reau, or approved entity, as approved by the Secretaryof Homeland Security, to examine individualapplications that have been filed.
(b) REQUIRED DISCLOSURES."The Secretary ofHomeland Security and the Secretary of State shall providethe information furnished pursuant to an applicationfiled under section 601 and 602, and any other informationderived from such furnished information, to"
(1) a law enforcement entity, intelligence agency,national security agency, component of the Departmentof Homeland Security, court, or grandjury in connection with a criminal investigation orprosecution or a national security investigation orprosecution, in each instance about an individualsuspect or group of suspects, when such informationis requested by such entity;
(2) a law enforcement entity, intelligence agency,national security agency, or component of theDepartment of Homeland Security in connectionwith a duly authorized investigation of a civil violation,in each instance about an individual suspect orgroup of suspects, when such information is requestedby such entity; or
(3) an official coroner for purposes of affirmativelyidentifying a deceased individual, whether or.not the death of such individual resulted from acrime.
(c) INAPPLICABILITY AFTER DENIAL."The limitationsunder subsection (a)"
(1) shall apply only until an application filedunder section l01 and l02 is denied and all opportunitiesfor administrative appeal of the denialhave been exhausted; and
(2) shall not apply to the use of the informationfurnished pursuant to such application in any removalproceeding or other criminal or civil case oraction relating to an alien whose application hasbeen granted that is based upon any violation of lawcommitted or discovered after such grant.
(d) CRIMINAL CONVICTIONS."Notwithstanding anyother provision of this section, information concerningwhether the applicant has at any time been convicted ofa crime may be used or released for immigration enforcementand law enforcement purposes.
(e) AUDITING AND EVALUATION OF INFORMATION."The Secretary may audit and evaluate information furnishedas part of any application filed under sections l01and l02, any application to extend such status under sectionl01(k), or any application to adjust status to thatof an alien lawfully admitted for permanent residence.under section l02, for purposes of identifying fraud orfraud schemes, and may use any evidence detected bymeans of audits and evaluations for purposes of investigating,prosecuting or referring for prosecution, denying,or terminating immigration benefits.
(f) USE OF INFORMATION IN PETITIONS AND APPLICATIONSSUBSEQUENT TO ADJUSTMENT OF STATUS."Ifthe Secretary has adjusted an alien's status to that of analien lawfully admitted for permanent residence pursuantto section l02, then at any time thereafter the Secretarymay use the information furnished by the alien in the applicationfor adjustment of status or in the applicationsfor status pursuant to sections l01 or l02 to make adetermination on any petition or application.
(g) CRIMINAL PENALTY."Any person who knowinglyuses, publishes, or permits information to be examined inviolation of this section shall be fined not more than$10,000.
(h) CONSTRUCTION."Nothing in this section shall beconstrued to limit the use, or release, for immigration enforcementpurposes of information contained in files orrecords of the Secretary or Attorney General pertainingto an applications filed under sections l01 or l02, otherthan information furnished by an applicant pursuant to.the application, or any other information derived from theapplication, that is not available from any other source.
(i) REFERENCES."References in this section to sectionor l02 are references to sections l01 andof this Act and the amendments made by those sections.
