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

[[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.