TITLE I--IMPROVEMENTS TO BORDER CONTROL,
FACILITATION OF LEGAL ENTRY,
AND INTERIOR ENFORCEMENT.

             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.




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G. Wellington Smith, P.C.
1600 Nueces St.,
Austin, TX 78701

Phone: (512) 476-7163
Fax: (512) 476-3869