Page:United States Statutes at Large Volume 110 Part 4.djvu/727

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PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-564 "(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) 8 USC 1103 note, shall take effect 90 days after the date of the enactment of this Act. I TITLE II—ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING; DOCUMENT FRAUD Subtitle A—Enhanced Enforcement and Penalties Against Alien Smuggling SEC. 201. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN SMUG- GLING OR DOCUMENT FRAUD. Section 2516(1) of title 18, United States Code, is amended— (1) in paragraph (c), by striking "or section 1992 (relating to wrecking trains)" and inserting "section 1992 (relating to