Subtitle A--Improved Enforcement at the Border
SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.
(a) Increased Number of Border Patrol Agents.--The Attorney
General in each of fiscal years 1997, 1998, 1999, 2000, and
2001 shall increase by not less than 1,000 the number of
positions for full-time, active-duty border patrol agents
within the Immigration and Naturalization Service above the
number of such positions for which funds were allotted for
the preceding fiscal year.
(b) Increase in Border Patrol Support Personnel.--The
Attorney General, in each of fiscal years 1997, 1998, 1999,
2000, and 2001, may increase by 300 the number of positions
for personnel in support of border patrol agents above the
number of such positions for which funds were allotted for
the preceding fiscal year.
(c) Deployment of Border Patrol Agents.--The Attorney
General shall, to the maximum extent practicable, ensure that
additional border patrol agents shall be deployed among
Immigration and Naturalization Service sectors along the
border in proportion to the level of illegal crossing of the
borders of the United States measured in each sector during
the preceding fiscal year and reasonably anticipated in the
next fiscal year.
(d) Forward Deployment.--
(1) In general.--The Attorney General shall forward deploy
existing border patrol agents in those areas of the border
identified as areas of high illegal entry into the United
States in order to provide a uniform and visible deterrent to
illegal entry on a continuing basis. The previous sentence
shall not apply to border patrol agents located at
checkpoints.
(2) Preservation of law enforcement functions and
capabilities in interior states.--The Attorney General shall,
when deploying border patrol personnel from interior stations
to border stations, coordinate with, and act in conjunction
with, State and local law enforcement agencies to ensure that
such deployment does not degrade or compromise the law
enforcement capabilities and functions currently performed at
interior border patrol stations.
(3) Report.--Not later than 6 months after the date of the
enactment of this Act, the Attorney General shall submit to
the Committees on the Judiciary of the House of
Representatives and of the Senate a report on--
(A) the progress and effectiveness of the forward
deployment under paragraph (1); and
(B) the measures taken to comply with paragraph (2).
SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.
(a) In General.--The Attorney General, in consultation with
the Commissioner of Immigration and Naturalization, shall
take such actions as may be necessary to install additional
physical barriers and roads (including the removal of
obstacles to detection of illegal entrants) in the vicinity
of the United States border to deter illegal crossings in
areas of high illegal entry into the United States.
(b) Construction of Fencing and Road Improvements in the
Border Area Near San Diego, California.--
(1) In general.--In carrying out subsection (a), the
Attorney General shall provide for the construction along the
14 miles of the international land border of the United
States, starting at the Pacific Ocean and extending eastward,
of second and third fences, in addition to the existing
reinforced fence, and for roads between the fences.
(2) Prompt acquisition of necessary easements.--The
Attorney General, acting under the authority conferred in
section 103(b) of the Immigration and Nationality Act (as
inserted by subsection (d)), shall promptly acquire such
easements as may be necessary to carry out this subsection
and shall commence construction of fences immediately
following such acquisition (or conclusion of portions
thereof).
(3) Safety features.--The Attorney General, while
constructing the additional fencing under this subsection,
shall incorporate such safety features into the design of the
fence system as are necessary to ensure the well-being of
border patrol agents deployed within or in near proximity to
the system.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection not to exceed
$12,000,000. Amounts appropriated under this paragraph are
authorized to remain available until expended.
(c) Waiver.--The provisions of the Endangered Species Act
of 1973 and the National Environmental Policy Act of 1969 are
waived to the extent the Attorney General determines
necessary to ensure expeditious construction of the barriers
and roads under this section.
(d) Land Acquisition Authority.--
(1) In general.--Section 103 (8 U.S.C. 1103) is amended--
(A) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(B) by inserting after subsection (a) the following:
[[Page H11790]]
``(b)(1) The Attorney General may contract for or buy any
interest in land, including temporary use rights, adjacent to
or in the vicinity of an international land border when the
Attorney General deems the land essential to control and
guard the boundaries and borders of the United States against
any violation of this Act.
``(2) The Attorney General may contract for or buy any
interest in land identified pursuant to paragraph (1) as soon
as the lawful owner of that interest fixes a price for it and
the Attorney General considers that price to be reasonable.
``(3) When the Attorney General and the lawful owner of an
interest identified pursuant to paragraph (1) are unable to
agree upon a reasonable price, the Attorney General may
commence condemnation proceedings pursuant to the Act of
August 1, 1888 (Chapter 728; 25 Stat. 357).
``(4) The Attorney General may accept for the United States
a gift of any interest in land identified pursuant to
paragraph (1).''.
(2) Conforming amendment.--Section 103(e) (as so
redesignated by paragraph (1)(A)) is amended by striking
``subsection (c)'' and inserting ``subsection (d)''.
SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.
The Attorney General is authorized to acquire and use, for
the purpose of detection, interdiction, and reduction of
illegal immigration into the United States, any Federal
equipment (including fixed wing aircraft, helicopters, four-
wheel drive vehicles, sedans, night vision goggles, night
vision scopes, and sensor units) determined available for
transfer by any other agency of the Federal Government upon
request of the Attorney General.
SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION CARD.
(a) In General.--Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is
amended by adding at the end the following: ``Such
regulations shall provide that (A) each such document include
a biometric identifier (such as the fingerprint or handprint
of the alien) that is machine readable and (B) an alien
presenting a border crossing identification card is not
permitted to cross over the border into the United States
unless the biometric identifier contained on the card matches
the appropriate biometric characteristic of the alien.''.
(b) Effective Dates.--
(1) Clause a.--Clause (A) of the sentence added by the
amendment made by subsection (a) shall apply to documents
issued on or after 18 months after the date of the enactment
of this Act.
(2) Clause b.--Clause (B) of such sentence shall apply to
cards presented on or after 3 years after the date of the
enactment of this Act.
SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.
(a) In General.--Section 275 (8 U.S.C. 1325) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Any alien who is apprehended while entering (or
attempting to enter) the United States at a time or place
other than as designated by immigration officers shall be
subject to a civil penalty of--
``(1) at least $50 and not more than $250 for each such
entry (or attempted entry); or
``(2) twice the amount specified in paragraph (1) in the
case of an alien who has been previously subject to a civil
penalty under this subsection.
Civil penalties under this subsection are in addition to, and
not in lieu of, any criminal or other civil penalties that
may be imposed.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to illegal entries or attempts to enter occurring
on or after the first day of the sixth month beginning after
the date of the enactment of this Act.
SEC. 106. HIRING AND TRAINING STANDARDS.
(a) Review of Hiring Standards.--Not later than 60 days
after the date of the enactment of this Act, the Attorney
General shall complete a review of all prescreening and
hiring standards used by the Commissioner of Immigration and
Naturalization, and, where necessary, revise such standards
to ensure that they are consistent with relevant standards of
professionalism.
(b) Certification.--At the conclusion of each of fiscal
years 1997, 1998, 1999, 2000, and 2001, the Attorney General
shall certify in writing to the Committees on the Judiciary
of the House of Representatives and of the Senate that all
personnel hired by the Commissioner of Immigration and
Naturalization for such fiscal year were hired pursuant to
the appropriate standards, as revised under subsection (a).
(c) Review of Training Standards.--
(1) Review.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall complete a
review of the sufficiency of all training standards used by
the Commissioner of Immigration and Naturalization.
(2) Report.--
(A) In general.--Not later than 90 days after the
completion of the review under paragraph (1), the Attorney
General shall submit a report to the Committees on the
Judiciary of the House of Representatives and of the Senate
on the results of the review, including--
(i) a description of the status of efforts to update and
improve training throughout the Immigration and
Naturalization Service; and
(ii) an estimate of when such efforts are expected to be
completed.
(B) Areas requiring future review.--The report shall
disclose those areas of training that the Attorney General
determines require further review in the future.
SEC. 107. REPORT ON BORDER STRATEGY.
(a) Evaluation of Strategy.--The Comptroller General of the
United States shall track, monitor, and evaluate the Attorney
General's strategy to deter illegal entry in the United
States to determine the efficacy of such strategy.
(b) Cooperation.--The Attorney General, the Secretary of
State, and the Secretary of Defense shall cooperate with the
Comptroller General of the United States in carrying out
subsection (a).
(c) Report.--Not later than one year after the date of the
enactment of this Act, and every year thereafter for the
succeeding 5 years, the Comptroller General of the United
States shall submit a report to the Committees on the
Judiciary of the House of Representatives and of the Senate
on the results of the activities undertaken under subsection
(a) during the previous year. Each such report shall include
an analysis of the degree to which the Attorney General's
strategy has been effective in reducing illegal entry. Each
such report shall include a collection and systematic
analysis of data, including workload indicators, related to
activities to deter illegal entry and recommendations to
improve and increase border security at the border and ports
of entry.
SEC. 108. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS FROM
IMMIGRATION CHECKPOINTS.
(a) Findings.--The Congress finds as follows:
(1) Immigration checkpoints are an important component of
the national strategy to prevent illegal immigration.
(2) Individuals fleeing immigration checkpoints and leading
law enforcement officials on high speed vehicle chases
endanger law enforcement officers, innocent bystanders, and
the fleeing individuals themselves.
(3) The pursuit of suspects fleeing immigration checkpoints
is complicated by overlapping jurisdiction among Federal,
State, and local law enforcement officers.
(b) High Speed Flight from Immigration Checkpoints.--
(1) In general.--Chapter 35 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 758. High speed flight from immigration checkpoint
``Whoever flees or evades a checkpoint operated by the
Immigration and Naturalization Service, or any other Federal
law enforcement agency, in a motor vehicle and flees Federal,
State, or local law enforcement agents in excess of the legal
speed limit shall be fined under this title, imprisoned not
more than five years, or both.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 757 the following:
``758. High speed flight from immigration checkpoint.''.
(c) Grounds for Deportation.--Section 241(a)(2)(A) (8
U.S.C. 1251(a)(2)(A)) is amended--
(1) by redesignating clause (iv) as clause (v);
(2) by inserting after clause (iii) the following:
``(iv) High speed flight.--Any alien who is convicted of a
violation of section 758 of title 18, United States Code
(relating to high speed flight from an immigration
checkpoint), is deportable.''; and
(3) in clause (v) (as so redesignated by paragraph (1)), by
striking ``and (iii)'' and inserting ``(iii), and (iv)''.
SEC. 109. JOINT STUDY OF AUTOMATED DATA COLLECTION.
(a) Study.--The Attorney General, together with the
Secretary of State, the Secretary of Agriculture, the
Secretary of the Treasury, and appropriate representatives of
the air transport industry, shall jointly undertake a study
to develop a plan for making the transition to automated data
collection at ports of entry.
(b) Report.--Nine months after the date of the enactment of
this Act, the Attorney General shall submit a report to the
Committees on the Judiciary of the Senate and the House of
Representatives on the outcome of the joint initiative under
subsection (a), noting specific areas of agreement and
disagreement, and recommending further steps to be taken,
including any suggestions for legislation.
SEC. 110. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.
(a) System.--Not later than 2 years after the date of the
enactment of this Act, the Attorney General shall develop an
automated entry and exit control system that will--
(1) collect a record of departure for every alien departing
the United States and match the records of departure with the
record of the alien's arrival in the United States; and
(2) enable the Attorney General to identify, through on-
line searching procedures, lawfully admitted nonimmigrants
who remain in the United States beyond the period authorized
by the Attorney General.
(b) Report.--
(1) Deadline.--Not later than December 31 of each year
following the development of the system under subsection (a),
the Attorney General shall submit an annual report to the
Committees on the Judiciary of the House of Representatives
and of the Senate on such system.
(2) Information.--The report shall include the following
information:
(A) The number of departure records collected, with an
accounting by country of nationality of the departing alien.
(B) The number of departure records that were successfully
matched to records of the alien's prior arrival in the United
States, with an accounting by the alien's country of
nationality and by the alien's classification as an immigrant
or nonimmigrant.
(C) The number of aliens who arrived as nonimmigrants, or
as a visitor under the visa waiver program under section 217
of the Immigration and Nationality Act, for whom no matching
departure record has been obtained through the system or
through other means as of the end of the alien's authorized
period of stay, with an
[[Page H11791]]
accounting by the alien's country of nationality and date of
arrival in the United States.
(c) Use of Information on Overstays.--Information regarding
aliens who have remained in the United States beyond their
authorized period of stay identified through the system shall
be integrated into appropriate data bases of the Immigration
and Naturalization Service and the Department of State,
including those used at ports of entry and at consular
offices.
SEC. 111. SUBMISSION OF FINAL PLAN ON REALIGNMENT OF BORDER
PATROL POSITIONS FROM INTERIOR STATIONS.
Not later than November 30, 1996, the Attorney General
shall submit to the Committees on the Judiciary of the House
of Representatives and of the Senate a final plan regarding
the redeployment of border patrol personnel from interior
locations to the front lines of the border. The final plan
shall be consistent with the following:
(1) The preliminary plan regarding such redeployment
submitted by the Attorney General on May 17, 1996, to the
Committee on Appropriations of the House of Representatives
and the Committee on Appropriations of the Senate.
(2) The direction regarding such redeployment provided in
the joint explanatory statement of the committee of
conference in the conference report to accompany the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134).
SEC. 112. NATIONWIDE FINGERPRINTING OF APPREHENDED ALIENS.
There are authorized to be appropriated such additional
sums as may be necessary to ensure that the ``IDENT'' program
(operated by the Immigration and Naturalization Service) is
expanded to apply to illegal or criminal aliens apprehended
nationwide.
Subtitle B--Facilitation of Legal Entry
SEC. 121. LAND BORDER INSPECTORS.
In order to eliminate undue delay in the thorough
inspection of persons and vehicles lawfully attempting to
enter the United States, the Attorney General and the
Secretary of the Treasury each shall increase, by
approximately equal numbers in each of fiscal years 1997 and
1998, the number of full-time land border inspectors assigned
to active duty by the Immigration and Naturalization Service
and the United States Customs Service to a level adequate to
assure full staffing during peak crossing hours of all border
crossing lanes currently in use, under construction, or whose
construction has been authorized by the Congress, except such
low-use lanes as the Attorney General may designate.
SEC. 122. LAND BORDER INSPECTION AND AUTOMATED PERMIT PILOT
PROJECTS.
(a) Extension of Land Border Inspection Project Authority;
Establishment of Automated Permit Pilot Projects.--Section
286(q) is amended--
(1) by striking the matter preceding paragraph (2) and
inserting the following:
``(q) Land Border Inspection Fee Account.--(1)(A)(i)
Notwithstanding any other provision of law, the Attorney
General is authorized to establish, by regulation, not more
than 6 projects under which a fee may be charged and
collected for inspection services provided at one or more
land border points of entry. Such projects may include the
establishment of commuter lanes to be made available to
qualified United States citizens and aliens, as determined by
the Attorney General.
``(ii) The program authorized in this subparagraph shall
terminate on September 30, 2000, unless further authorized by
an Act of Congress.
``(iii) This subparagraph shall take effect, with respect
to any project described in clause (1) that was not
authorized to be commenced before the date of the enactment
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, 30 days after submission of a
written plan by the Attorney General detailing the proposed
implementation of such project.
``(iv) The Attorney General shall prepare and submit on a
quarterly basis, until September 30, 2000, a status report on
each land border inspection project implemented under this
subparagraph.
``(B) The Attorney General, in consultation with the
Secretary of the Treasury, may conduct pilot projects to
demonstrate the use of designated ports of entry after
working hours through the use of card reading machines or
other appropriate technology.''; and
(2) by striking paragraph (5).
(b) Conforming amendment.--The Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriation Act, 1994 (Public Law 103-121, 107 Stat. 1161)
is amended by striking the fourth proviso under the heading
``Immigration and Naturalization Service, Salaries and
Expenses''.
SEC. 123. PREINSPECTION AT FOREIGN AIRPORTS.
(a) In General.--The Immigration and Nationality Act is
amended by inserting after section 235 the following:
``preinspection at foreign airports
``Sec. 235A. (a) Establishment of Preinspection Stations.--
``(1) New stations.--Subject to paragraph (5), not later
than October 31, 1998, the Attorney General, in consultation
with the Secretary of State, shall establish and maintain
preinspection stations in at least 5 of the foreign airports
that are among the 10 foreign airports which the Attorney
General identifies as serving as last points of departure for
the greatest numbers of inadmissible alien passengers who
arrive from abroad by air at ports of entry within the United
States. Such preinspection stations shall be in addition to
any preinspection stations established prior to the date of
the enactment of such Act.
``(2) Report.--Not later than October 31, 1998, the
Attorney General shall report to the Committees on the
Judiciary of the House of Representatives and of the Senate
on the implementation of paragraph (1).
``(3) Data collection.--Not later than November 1, 1997,
and each subsequent November 1, the Attorney General shall
compile data identifying--
``(A) the foreign airports which served as last points of
departure for aliens who arrived by air at United States
ports of entry without valid documentation during the
preceding fiscal years;
``(B) the number and nationality of such aliens arriving
from each such foreign airport; and
``(C) the primary routes such aliens followed from their
country of origin to the United States.
``(4) Additional stations.--Subject to paragraph (5), not
later than October 31, 2000, the Attorney General, in
consultation with the Secretary of State, shall establish
preinspection stations in at least 5 additional foreign
airports which the Attorney General, in consultation with the
Secretary of State, determines, based on the data compiled
under paragraph (3) and such other information as may be
available, would most effectively reduce the number of aliens
who arrive from abroad by air at points of entry within the
United States who are inadmissible to the United States. Such
preinspection stations shall be in addition to those
established prior to the date of the enactment of such Act or
pursuant to paragraph (1).
``(5) Conditions.--Prior to the establishment of a
preinspection station, the Attorney General, in consultation
with the Secretary of State, shall ensure that--
``(A) employees of the United States stationed at the
preinspection station and their accompanying family members
will receive appropriate protection;
``(B) such employees and their families will not be subject
to unreasonable risks to their welfare and safety; and
``(C) the country in which the preinspection station is to
be established maintains practices and procedures with
respect to asylum seekers and refugees in accordance with the
Convention Relating to the Status of Refugees (done at
Geneva, July 28, 1951), or the Protocol Relating to the
Status of Refugees (done at New York, January 31, 1967), or
that an alien in the country otherwise has recourse to
avenues of protection from return to persecution.
``(b) Establishment of Carrier Consultant Program.--The
Attorney General shall assign additional immigration officers
to assist air carriers in the detection of fraudulent
documents at foreign airports which, based on the records
maintained pursuant to subsection (a)(3), served as a point
of departure for a significant number of arrivals at United
States ports of entry without valid documentation, but where
no preinspection station exists.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 235 the
following:
``Sec. 235A. Preinspection at foreign airports.''.
SEC. 124. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF
FRAUDULENT DOCUMENTS.
(a) Use of Funds.--
(1) In general.--Section 286(h)(2)(A) (8 U.S.C.
1356(h)(2)(A)) is amended--
(A) in clause (iv), by inserting ``, including training of,
and technical assistance to, commercial airline personnel
regarding such detection'' after ``United States''; and
(B) by adding at the end the following:
``The Attorney General shall provide for expenditures for
training and assistance described in clause (iv) in an
amount, for any fiscal year, not less than 5 percent of the
total of the expenses incurred that are described in the
previous sentence.''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply to expenses incurred during or after fiscal year
1997.
(b) Compliance With Detection Regulations.--
(1) In general.--Section 212(f) (8 U.S.C. 1182(f)) is
amended by adding at the end the following: ``Whenever the
Attorney General finds that a commercial airline has failed
to comply with regulations of the Attorney General relating
to requirements of airlines for the detection of fraudulent
documents used by passengers traveling to the United States
(including the training of personnel in such detection), the
Attorney General may suspend the entry of some or all aliens
transported to the United States by such airline.''.
(2) Deadline.--The Attorney General shall first issue, in
proposed form, regulations referred to in the second sentence
of section 212(f) of the Immigration and Nationality Act, as
added by the amendment made by paragraph (1), not later than
90 days after the date of the enactment of this Act.
SEC. 125. PRECLEARANCE AUTHORITY.
Section 103(a) of the Immigration and Nationality Act (8
U.S.C. 1103(a)) is amended by adding at the end the
following:
``After consultation with the Secretary of State, the
Attorney General may authorize officers of a foreign country
to be stationed at preclearance facilities in the United
States for the purpose of ensuring that persons traveling
from or through the United States to that foreign country
comply with that country's immigration and related laws.
Those officers may exercise such authority and perform such
duties as United States immigration officers are authorized
to exercise and perform in that foreign country under
reciprocal agreement, and they shall enjoy such reasonable
privileges and immunities necessary for the performance of
their duties as the government of their country extends to
United States immigration officers.''.
[[Page H11792]]
Subtitle C--Interior Enforcement
SEC. 131. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN
NUMBER OF CERTAIN INVESTIGATORS.
(a) Authorization.--There are authorized to be appropriated
such funds as may be necessary to enable the Commissioner of
Immigration and Naturalization to increase the number of
investigators and support personnel to investigate potential
violations of sections 274 and 274A of the Immigration and
Nationality Act by a number equivalent to 300 full-time
active-duty investigators in each of fiscal years 1997, 1998,
and 1999.
(b) Allocation of Investigators.--At least one-half of the
investigators hired with funds made available under
subsection (a) shall be assigned to investigate potential
violations of section 274A of the Immigration and Nationality
Act.
(c) Limitation on Overtime.--None of the funds made
available under subsection (a) shall be available for
administrative expenses to pay any employee overtime pay in
an amount in excess of $25,000 for any fiscal year.
SEC. 132. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN
NUMBER OF INVESTIGATORS OF VISA OVERSTAYERS.
There are authorized to be appropriated such funds as may
be necessary to enable the Commissioner of Immigration and
Naturalization to increase the number of investigators and
support personnel to investigate visa overstayers by a number
equivalent to 300 full-time active-duty investigators in
fiscal year 1997.
SEC. 133. ACCEPTANCE OF STATE SERVICES TO CARRY OUT
IMMIGRATION ENFORCEMENT.
Section 287 (8 U.S.C. 1357) is amended by adding at the end
the following:
``(g)(1) Notwithstanding section 1342 of title 31, United
States Code, the Attorney General may enter into a written
agreement with a State, or any political subdivision of a
State, pursuant to which an officer or employee of the State
or subdivision, who is determined by the Attorney General to
be qualified to perform a function of an immigration officer
in relation to the investigation, apprehension, or detention
of aliens in the United States (including the transportation
of such aliens across State lines to detention centers), may
carry out such function at the expense of the State or
political subdivision and to the extent consistent with State
and local law.
``(2) An agreement under this subsection shall require that
an officer or employee of a State or political subdivision of
a State performing a function under the agreement shall have
knowledge of, and adhere to, Federal law relating to the
function, and shall contain a written certification that the
officers or employees performing the function under the
agreement have received adequate training regarding the
enforcement of relevant Federal immigration laws.
``(3) In performing a function under this subsection, an
officer or employee of a State or political subdivision of a
State shall be subject to the direction and supervision of
the Attorney General.
``(4) In performing a function under this subsection, an
officer or employee of a State or political subdivision of a
State may use Federal property or facilities, as provided in
a written agreement between the Attorney General and the
State or subdivision.
``(5) With respect to each officer or employee of a State
or political subdivision who is authorized to perform a
function under this subsection, the specific powers and
duties that may be, or are required to be, exercised or
performed by the individual, the duration of the authority of
the individual, and the position of the agency of the
Attorney General who is required to supervise and direct the
individual, shall be set forth in a written agreement between
the Attorney General and the State or political subdivision.
``(6) The Attorney General may not accept a service under
this subsection if the service will be used to displace any
Federal employee.
``(7) Except as provided in paragraph (8), an officer or
employee of a State or political subdivision of a State
performing functions under this subsection shall not be
treated as a Federal employee for any purpose other than for
purposes of chapter 81 of title 5, United States Code
(relating to compensation for injury), and sections 2671
through 2680 of title 28, United States Code (relating to
tort claims).
``(8) An officer or employee of a State or political
subdivision of a State acting under color of authority under
this subsection, or any agreement entered into under this
subsection, shall be considered to be acting under color of
Federal authority for purposes of determining the liability,
and immunity from suit, of the officer or employee in a civil
action brought under Federal or State law.
``(9) Nothing in this subsection shall be construed to
require any State or political subdivision of a State to
enter into an agreement with the Attorney General under this
subsection.
``(10) Nothing in this subsection shall be construed to
require an agreement under this subsection in order for any
officer or employee of a State or political subdivision of a
State--
``(A) to communicate with the Attorney General regarding
the immigration status of any individual, including reporting
knowledge that a particular alien is not lawfully present in
the United States; or
``(B) otherwise to cooperate with the Attorney General in
the identification, apprehension, detention, or removal of
aliens not lawfully present in the United States.''.
SEC. 134. MINIMUM STATE INS PRESENCE.
(a) In General.--Section 103 (8 U.S.C. 1103), as amended by
section 102(e) of this division, is further amended by adding
at the end the following:
``(f) The Attorney General shall allocate to each State not
fewer than 10 full-time active duty agents of the Immigration
and Naturalization Service to carry out the functions of the
Service, in order to ensure the effective enforcement of this
Act.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 90 days after the date of the enactment of
this Act.
G. Wellington Smith, P.C. |