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(b) UNUSED FUNDS.—As soon as practicable after the
proceeds from an undercover investigative operation, car-
ried out under paragraph (1) (C) or (D) of subsection (a),
are no longer necessary for the conduct of such operation,
such proceeds or the balance of such proceeds remaining at
the time shall be deposited into the Treasury of the United
States as miscellaneous receipts.
(c) REPORT.—If a corporation or business entity es-
tablished or acquired as part of an undercover operation
under subsection (a)(1)(B) with a net value of over $50,000
is to be liquidated, sold, or otherwise disposed of, the Immi-
gration and Naturalization Service, as much in advance
as the Commissioner or his or her designee determine prac-
ticable, shall report the circumstances to the Attorney Gen-
eral, the Director of the Office of Management and Budget,
and the Comptroller General of the United States. The pro-
ceeds of the liquidation, sale, or other disposition, after obli-
gations are met, shall be deposited in the Treasury of the
United States as miscellaneous receipts.
(d) AUDITS.—The Immigration and Naturalization
Service shall conduct detailed financial audits of closed un-
dercover operations on a quarterly basis and shall report
the results of the audits in writing to the Deputy Attorney
General.
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SEC. 170. PRISONER TRANSFER TREATIES.
(a) NEGOTIATIONS WITH OTHER COUNTRIES.—(1)
Congress advises the President to begin to negotiate and re-
negotiate, not later than 90 days after the date of enactment
of this Act, bilateral prisoner transfer treaties, providing
for the incarceration, in the country of the alien’s national-
ity, of any alien who—
(A) is a national of a country that is party to
such a treaty; and
(B) has been convicted of a criminal offense
under Federal or State law and who—
(i) is not in lawful immigration status in
the United States, or
(ii) on the basis of conviction for a criminal
offense under Federal or State law, or on any
other basis, is subject to deportation under the
Immigration and Nationality Act,
for the duration of the prison term to which the alien was
sentenced for the offense referred to in subparagraph (B).
Any such agreement may provide for the release of such
alien pursuant to parole procedures of that country.
(2) In entering into negotiations under paragraph (1),
the President may consider providing for appropriate com-
pensation, subject to the availability of appropriations, in
cases where the United States is able to independently ver-
ify the adequacy of the sites where aliens will be imprisoned
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and the length of time the alien is actually incarcerated
in the foreign country under such a treaty.
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that—
(1) the focus of negotiations for such agreements
should be—
(A) to expedite the transfer of aliens unlaw-
fully in the United States who are (or are about
to be) incarcerated in United States prisons,
(B) to ensure that a transferred prisoner
serves the balance of the sentence imposed by the
United States courts,
(C) to eliminate any requirement of pris-
oner consent to such a transfer, and
(D) to allow the Federal Government or the
States to keep their original prison sentences in
force so that transferred prisoners who return to
the United States prior to the completion of their
original United States sentences can be returned
to custody for the balance of their prisons sen-
tences;
(2) the Secretary of State should give priority to
concluding an agreement with any country for which
the President determines that the number of aliens de-
scribed in subsection (a) who are nationals of that
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country in the United States represents a significant
percentage of all such aliens in the United States; and
(3) no new treaty providing for the transfer of
aliens from Federal, State, or local incarceration fa-
cilities to a foreign incarceration facility should per-
mit the alien to refuse the transfer.
(c) PRISONER CONSENT.—Notwithstanding any other
provision of law, except as required by treaty, the transfer
of an alien from a Federal, State, or local incarceration
facility under an agreement of the type referred to in sub-
section (a) shall not require consent of the alien.
(d) ANNUAL REPORT.—Not later than 90 days after
the date of the enactment of this Act, and annually there-
after, the Attorney General shall submit a report to the
Committees on the Judiciary of the House of Representa-
tives and of the Senate stating whether each prisoner trans-
fer treaty to which the United States is a party has been
effective in the preceding 12 months in bringing about the
return of deportable incarcerated aliens to the country of
which they are nationals and in ensuring that they serve
the balance of their sentences.
(e) TRAINING FOREIGN LAW ENFORCEMENT PERSON-
NEL.—(1) Subject to paragraph (2), the President shall di-
rect the Border Patrol Academy and the Customs Service
Academy to enroll for training an appropriate number of
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foreign law enforcement personnel, and shall make appoint-
ments of foreign law enforcement personnel to such acad-
emies, as necessary to further the following United States
law enforcement goals:
(A) prevention of drug smuggling and other
cross-border criminal activity;
(B) preventing illegal immigration; and
(C) preventing the illegal entry of goods into the
United States (including goods the sale of which is il-
legal in the United States, the entry of which would
cause a quota to be exceeded, or which have not paid
the appropriate duty or tariff).
(2) The appointments described in paragraph (1) shall
be made only to the extent there is capacity in such acad-
emies beyond what is required to train United States citi-
zens needed in the Border Patrol and Customs Service, and
only of personnel from a country with which the prisoner
transfer treaty has been stated to be effective in the most
recent report referred to in subsection (d).
(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary to carry out this section.
SEC. 170A. PRISONER TRANSFER TREATIES STUDY.
(a) REPORT TO CONGRESS.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
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of State and the Attorney General shall submit to the Con-
gress a report that describes the use and effectiveness of the
prisoner transfer treaties with the three countries with the
greatest number of their nationals incarcerated in the Unit-
ed States in removing from the United States such incarcer-
ated nationals.
(b) USE OF TREATY.—The report under subsection (a)
shall include—
(1) the number of aliens convicted of a criminal
offense in the United States since November 30, 1977,
who would have been or are eligible for transfer pur-
suant to the treaties;
(2) the number of aliens described in paragraph
(1) who have been transferred pursuant to the trea-
ties;
(3) the number of aliens described in paragraph
(2) who have been incarcerated in full compliance
with the treaties;
(4) the number of aliens who are incarcerated in
a penal institution in the United States who are eli-
gible for transfer pursuant to the treaties; and
(5) the number of aliens described in paragraph
(4) who are incarcerated in Federal, State, and local
penal institutions in the United States.
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(c) RECOMMENDATIONS.—The report under subsection
(a) shall include the recommendations of the Secretary of
State and the Attorney General to increase the effectiveness
and use of, and full compliance with, the treaties. In consid-
ering the recommendations under this subsection, the Sec-
retary and the Attorney General shall consult with such
State and local officials in areas disproportionately im-
pacted by aliens convicted of criminal offenses as the Sec-
retary and the Attorney General consider appropriate. Such
recommendations shall address—
(1) changes in Federal laws, regulations, and
policies affecting the identification, prosecution, and
deportation of aliens who have committed criminal
offenses in the United States;
(2) changes in State and local laws, regulations,
and policies affecting the identification, prosecution,
and deportation of aliens who have committed a
criminal offense in the United States;
(3) changes in the treaties that may be necessary
to increase the number of aliens convicted of criminal
offenses who may be transferred pursuant to the trea-
ties;
(4) methods for preventing the unlawful reentry
into the United States of aliens who have been con-
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victed of criminal offenses in the United States and
transferred pursuant to the treaties;
(5) any recommendations by appropriate offi-
cials of the appropriate government agencies of such
countries regarding programs to achieve the goals of,
and ensure full compliance with, the treaties;
(6) whether the recommendations under this sub-
section require the renegotiation of the treaties; and
(7) the additional funds required to implement
each recommendation under this subsection.
SEC. 170B. USING ALIEN FOR IMMORAL PURPOSES, FILING
REQUIREMENT.
Section 2424 of title 18, United States Code, is amend-
ed—
(1) in the first undesignated paragraph of sub-
section (a)—
(A) by striking ‘‘alien’’ each place it ap-
pears;
(B) by inserting after ‘‘individual’’ the first
place it appears the following: ‘‘, knowing or in
reckless disregard of the fact that the individual
is an alien’’; and
(C) by striking ‘‘within three years after
that individual has entered the United States
from any country, party to the arrangement
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adopted July 25, 1902, for the suppression of the
white-slave traffic’’;
(2) in the second undesignated paragraph of sub-
section (a)—
(A) by striking ‘‘thirty’’ and inserting ‘‘five
business’’; and
(B) by striking ‘‘within three years after
that individual has entered the United States
from any country, party to the said arrangement
for the suppression of the white-slave traffic,’’;
(3) in the text following the third undesignated
paragraph of subsection (a), by striking ‘‘two’’ and
inserting ‘‘10’’; and
(4) in subsection (b), before the period at the end
of the second sentence, by inserting ‘‘, or for enforce-
ment of the provisions of section 274A of the Immi-
gration and Nationality Act’’.
SEC. 170C. TECHNICAL CORRECTIONS TO VIOLENT CRIME
CONTROL ACT AND TECHNICAL CORREC-
TIONS ACT.
(a) IN GENERAL.—The second subsection (i) of section
245 (as added by section 130003(c)(1) of the Violent Crime
Control and Law Enforcement Act of 1994; Public Law
103–322) is redesignated as subsection (j) of such section.
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(b) 
CONFORMING
AMENDMENT.—Section
241(a)(2)(A)(i)(I) (8 U.S.C. 1251(a)(2)(A)(i)(I)) is amend-
ed by striking ‘‘section 245(i)’’ and inserting ‘‘section
245(j)’’.
(c) DENIAL
OF
JUDICIAL
ORDER.—(1) Section
242A(c)(4), as redesignated by section 165 of this Act, is
amended by striking ‘‘without a decision on the merits’’.
(2) The amendment made by this subsection shall be
effective as if originally included in section 223 of the Im-
migration and Nationality Technical Corrections Act of
1994 (Public Law 103–416).
SEC. 170D. DEMONSTRATION PROJECT FOR IDENTIFICA-
TION OF ILLEGAL ALIENS IN INCARCERATION
FACILITY OF ANAHEIM, CALIFORNIA.
(a) AUTHORITY.—The Attorney General is authorized
to conduct a project demonstrating the feasibility of identi-
fying illegal aliens among those individuals who are incar-
cerated in local governmental prison facilities prior to ar-
raignment on criminal charges.
(b) DESCRIPTION OF PROJECT.—The project author-
ized by subsection (a) shall include the detail to the city
of Anaheim, California, of an employee of the Immigration
and Naturalization Service having expertise in the identi-
fication of illegal aliens for the purpose of training local
officials in the identification of such aliens.
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(c) TERMINATION.—The authority of this section shall
cease to be effective 6 months after the date of the enactment
of this Act.
(d) DEFINITION.—As used in this section, the term ‘‘il-
legal alien’’ means an alien in the United States who is
not within any of the following classes of aliens:
(1) Aliens lawfully admitted for permanent resi-
dence.
(2) Nonimmigrant aliens described in section
101(a)(15) of the Immigration and Nationality Act.
(3) Refugees.
(4) Asylees.
(5) Parolees.
(6) Aliens having deportation withheld under
section 243(h) of the Immigration and Nationality
Act.
(7) Aliens having temporary residence status.
PART 6—MISCELLANEOUS
SEC. 171. IMMIGRATION EMERGENCY PROVISIONS.
(a) REIMBURSEMENT OF FEDERAL AGENCIES FROM
IMMIGRATION
EMERGENCY
FUND.—Section 404(b) (8
U.S.C. 1101 note) is amended—
(1) in paragraph (1)—
(A) after ‘‘paragraph (2)’’ by striking
‘‘and’’ and inserting a comma,
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(B) by striking ‘‘State’’ and inserting
‘‘other Federal agencies and States’’,
(C) by inserting ‘‘, and for the costs associ-
ated with repatriation of aliens attempting to
enter the United States illegally, whether appre-
hended within or outside the territorial sea of the
United States’’ before ‘‘except’’, and
(D) by adding at the end the following new
sentence: ‘‘The fund may be used for the costs of
such repatriations without the requirement for a
determination by the President that an immi-
gration emergency exists.’’; and
(2) in paragraph (2)(A)—
(A) by inserting ‘‘to Federal agencies pro-
viding support to the Department of Justice or’’
after ‘‘available’’; and
(B) by inserting a comma before ‘‘when-
ever’’.
(b) VESSEL MOVEMENT CONTROLS.—Section 1 of the
Act of June 15, 1917 (50 U.S.C. 191) is amended in the
first sentence by inserting ‘‘or whenever the Attorney Gen-
eral determines that an actual or anticipated mass migra-
tion of aliens en route to or arriving off the coast of the
United States presents urgent circumstances requiring an
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immediate Federal response,’’ after ‘‘United States,’’ the
first place it appears.
(c) DELEGATION OF IMMIGRATION ENFORCEMENT AU-
THORITY.—Section 103 (8 U.S.C. 1103) is amended by add-
ing at the end of subsection (a) the following new sentence:
‘‘In the event the Attorney General determines that an ac-
tual or imminent mass influx of aliens arriving off the coast
of the United States, or near a land border, presents urgent
circumstances requiring an immediate Federal response, the
Attorney General may authorize any specially designated
State or local law enforcement officer, with the consent of
the head of the department, agency, or establishment under
whose jurisdiction the individual is serving, to perform or
exercise any of the powers, privileges, or duties conferred
or imposed by this Act or regulations issued thereunder
upon officers or employees of the Service.’’.
SEC. 172. AUTHORITY TO DETERMINE VISA PROCESSING
PROCEDURES.
Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘NONDISCRIMINA-
TION.—’’; and
(2) by adding at the end the following:
‘‘(B) Nothing in this paragraph shall be con-
strued to limit the authority of the Secretary of State
to determine the procedures for the processing of im-
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migrant visa applications or the locations where such
applications will be processed.’’.
SEC. 173. JOINT STUDY OF AUTOMATED DATA COLLECTION.
(a) STUDY.—The Attorney General, together with the
Secretary of State, the Secretary of Agriculture, the Sec-
retary 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 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 this joint initia-
tive, noting specific areas of agreement and disagreement,
and recommending further steps to be taken, including any
suggestions for legislation.
SEC. 174. AUTOMATED ENTRY-EXIT CONTROL 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 enable the Attorney
General to identify, through on-line searching procedures,
lawfully admitted nonimmigrants who remain in the Unit-
ed States beyond the period authorized by the Attorney Gen-
eral.
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SEC. 175. USE OF LEGALIZATION AND SPECIAL AGRICUL-
TURAL WORKER INFORMATION.
(a) CONFIDENTIALITY
OF
INFORMATION.—Section
245A(c)(5) (8 U.S.C. 1255a(c)(5)) is amended by striking
‘‘except that the Attorney General’’ and inserting the follow-
ing: ‘‘except that the Attorney General shall provide infor-
mation furnished under this section to a duly recognized
law enforcement entity in connection with a criminal inves-
tigation or prosecution, when such information is requested
in writing by such entity, or to an official coroner for pur-
poses of affirmatively identifying a deceased individual
(whether or not such individual is deceased as a result of
a crime) and’’.
(b) SPECIAL
AGRICULTURAL
WORKERS.—Section
210(b)(6)(C) (8 U.S.C. 1160(b)(6)(C)) is amended—
(1) by striking the period at the end of subpara-
graph (C) and inserting a comma; and
(2) by adding in full measure margin after sub-
paragraph (C) the following:
‘‘except that the Attorney General shall provide infor-
mation furnished under this section to a duly recog-
nized law enforcement entity in connection with a
criminal investigation or prosecution, when such in-
formation is requested in writing by such entity, or
to an official coroner for purposes of affirmatively
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identifying a deceased individual (whether or not
such individual is deceased as a result of a crime).’’.
SEC. 176. RESCISSION OF LAWFUL PERMANENT RESIDENT
STATUS.
Section 246(a) (8 U.S.C. 1256(a)) is amended—
(1) by inserting ‘‘(1)’’ immediately after ‘‘(a)’’;
and
(2) by adding at the end the following new sen-
tence: ‘‘Nothing in this subsection requires the Attor-
ney General to rescind the alien’s status prior to com-
mencement of procedures to deport the alien under
section 242 or 242A, and an order of deportation is-
sued by a special inquiry officer shall be sufficient to
rescind the alien’s status.’’.
SEC. 177. COMMUNICATION BETWEEN FEDERAL, STATE,
AND LOCAL GOVERNMENT AGENCIES, AND
THE IMMIGRATION AND NATURALIZATION
SERVICE.
Notwithstanding any other provision of Federal, State,
or local law, no Federal, State, or local government entity
shall prohibit, or in any way restrict, any government en-
tity or any official within its jurisdiction from sending to,
or receiving from, the Immigration and Naturalization
Service information regarding the immigration status, law-
ful or unlawful, of any person.
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SEC. 178. AUTHORITY TO USE VOLUNTEERS.
(a) ACCEPTANCE OF DONATED SERVICES.—Notwith-
standing any other provision of law, but subject to sub-
section (b), the Attorney General may accept, administer,
and utilize gifts of services from any person for the purpose
of providing administrative assistance to the Immigration
and Naturalization Service in administering programs re-
lating to naturalization, adjudications at ports of entry,
and removal of criminal aliens. Nothing in this section re-
quires the Attorney General to accept the services of any
person.
(b) LIMITATION.—Such person may not administer or
score tests and may not adjudicate.
SEC. 179. AUTHORITY TO ACQUIRE FEDERAL EQUIPMENT
FOR BORDER.
In order to facilitate or improve the detection, interdic-
tion, and reduction by the Immigration and Naturalization
Service of illegal immigration into the United States, the
Attorney General is authorized to acquire and utilize any
Federal equipment (including, but not limited to, fixed-
wing aircraft, helicopters, four-wheel drive vehicles, sedans,
night vision goggles, night vision scopes, and sensor units)
determined available for transfer to the Department of Jus-
tice by any other agency of the Federal Government upon
request of the Attorney General.
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SEC. 180. LIMITATION ON LEGALIZATION LITIGATION.
(a) LIMITATION ON COURT JURISDICTION.—Section
245A(f)(4) is amended by adding at the end the following
new subparagraph:
‘‘(C) JURISDICTION
OF
COURTS.—Notwithstanding
any other provision of law, no court shall have jurisdiction
of any cause of action or claim by or on behalf of any per-
son asserting an interest under this section unless such per-
son in fact filed an application under this section within
the period specified by subsection (a)(1), or attempted to
file a complete application and application fee with an au-
thorized legalization officer of the Immigration and Natu-
ralization Service but had the application and fee refused
by that officer.’’.
(b) EFFECTIVE DATE.—The amendment made by this
section shall be effective as if originally included in section
201 of the Immigration Control and Financial Responsibil-
ity Act of 1986.
SEC. 181. LIMITATION ON ADJUSTMENT OF STATUS.
Section 245(c) (8 U.S.C. 1255(c)) is amended—
(1) by striking ‘‘or (5)’’ and inserting ‘‘(5)’’; and
(2) by inserting before the period at the end the
following: ‘‘; (6) any alien who seeks adjustment of
status as an employment-based immigrant and is not
in a lawful nonimmigrant status; or (7) any alien
who was employed while the alien was an unauthor-
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ized alien, as defined in section 274A(h)(3), or who
has otherwise violated the terms of a nonimmigrant
visa’’.
SEC. 182. REPORT ON DETENTION SPACE.
(a) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Attorney General shall
submit a report to the Congress estimating the amount of
detention space that would be required on the date of enact-
ment of this Act, in 5 years, and in 10 years, under various
policies on the detention of aliens, including but not limited
to—
(1) detaining all excludable or deportable aliens
who may lawfully be detained;
(2) detaining all excludable or deportable aliens
who previously have been excluded, been deported, de-
parted while an order of exclusion or deportation was
outstanding, voluntarily departed under section 244,
or voluntarily returned after being apprehended while
violating an immigration law of the United States;
and
(3) the current policy.
(b) ESTIMATE
OF NUMBER
OF ALIENS RELEASED
INTO THE COMMUNITY.—Such report shall also estimate the
number of excludable or deportable aliens who have been
released into the community in each of the 3 years prior
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to the date of enactment of this Act under circumstances
that the Attorney General believes justified detention (for
example, a significant probability that the released alien
would not appear, as agreed, at subsequent exclusion or de-
portation proceedings), but a lack of detention facilities re-
quired release.
SEC. 183. COMPENSATION OF IMMIGRATION JUDGES.
(a) COMPENSATION.—
(1) IN GENERAL.—There shall be four levels of
pay for special inquiry officers of the Department of
Justice (in this section referred to as ‘‘immigration
judges’’) under the Immigration Judge Schedule (des-
ignated as IJ–1, IJ–2, IJ–3, and IJ–4, respectively),
and each such judge shall be paid at one of those lev-
els, in accordance with the provisions of this sub-
section.
(2) RATES OF PAY.—(A) The rates of basic pay
for the levels established under paragraph (1) shall be
as follows:
IJ–1 ...................................................
70 percent of the next to highest rate
of basic pay for the Senior Execu-
tive Service.
IJ–2 ...................................................
80 percent of the next to highest rate
of basic pay for the Senior Execu-
tive Service.
IJ–3 ...................................................
90 percent of the next to highest rate
of basic pay for the Senior Execu-
tive Service.
IJ–4 ...................................................
92 percent of the next to highest rate
of basic pay for the Senior Execu-
tive Service.
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(B) Locality pay, where applicable, shall be cal-
culated into the basic pay for immigration judges.
(3) APPOINTMENT.—(A) Upon appointment, an
immigration judge shall be paid at IJ–1, and shall
be advanced to IJ–2 upon completion of 104 weeks of
service, to IJ–3 upon completion of 104 weeks of serv-
ice in the next lower rate, and to IJ–4 upon comple-
tion of 52 weeks of service in the next lower rate.
(B) The Attorney General may provide for ap-
pointment of an immigration judge at an advanced
rate under such circumstances as the Attorney Gen-
eral may determine appropriate.
(4) TRANSITION.—Judges serving on the Immi-
gration Court as of the effective date of this subsection
shall be paid at the rate that corresponds to the
amount of time, as provided under paragraph (3)(A),
that they have served as an immigration judge.
(b) EFFECTIVE DATE.—Subsection (a) shall take effect
90 days after the date of the enactment of this Act.
SEC. 184. 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, Unit-
ed States Code, the Attorney General may enter into a writ-
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ten 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 immi-
gration officer in relation to the arrest 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 subdivi-
sion 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 pro-
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vided 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 du-
ties that may be, or are required to be, exercised or per-
formed by the individual, the duration of the authority of
the individual, and the position of the agency of the Attor-
ney General who is required to supervise and direct the in-
dividual, 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 sub-
division of a State acting under color of authority under
this subsection, or any agreement entered into under this
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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 Unit-
ed States.’’.
SEC. 185. ALIEN WITNESS COOPERATION.
Section 214(j)(1) of the Immigration and Nationality
Act (8 U.S.C. 1184(j)(1)) (relating to numerical limitations
on the number of aliens that may be provided visas as non-