110 STAT. 3009-563 PUBLIC LAW 104-208—SEPT. 30, 1996
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 IMMIGRA-
TION 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 CJeneral 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.
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