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consultation with the Attorney Gen-
eral, shall create an administrative
record and may use classified informa-
tion in making such a designation.
Such information is not subject to dis-
closure so long as it remains classified,
except that it may be disclosed to a
court ex parte and in camera under
subclause (III) for purposes of judicial
review of such a designation. The Sec-
retary of State, in consultation with
the Attorney General, shall provide no-
tice and an opportunity for public
comment prior to the creation of the
administrative 
record 
under 
this
subclause.
‘‘(III) JUDICIAL
REVIEW.—Any
organization designated as a terrorist
organization under the preceding pro-
visions of this clause may, not later
than 30 days after the date of the des-
ignation, seek judicial review thereof in
the United States Court of Appeals for
the District of Columbia Circuit. Such
review shall be based solely upon the
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administrative record, except that the
Government may submit, for ex parte
and in camera review, classified infor-
mation considered in making the des-
ignation. The court shall hold unlawful
and set aside the designation if the
court finds the designation to be arbi-
trary, capricious, an abuse of discre-
tion, or otherwise not in accordance
with law, lacking substantial support
in the administrative record taken as a
whole or in classified information sub-
mitted to the court under the previous
sentence, contrary to constitutional
right, power, privilege, or immunity,
or not in accord with the procedures
required by law.
‘‘(IV) CONGRESSIONAL
REMOVAL
AUTHORITY.—The Congress reserves the
authority to remove, by law, the des-
ignation of an organization as a ter-
rorist organization for purposes of this
Act.
‘‘(V) 
SUNSET.—Subject 
to
subclause (IV), the designation under
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this clause of an organization as a ter-
rorist organization shall be effective for
a period of 2 years from the date of the
initial publication of the terrorist or-
ganization designation by the Sec-
retary of State. At the end of such pe-
riod (but no sooner than 60 days prior
to the termination of the 2-year-des-
ignation period), the Secretary of
State, in consultation with the Attor-
ney General, may redesignate the orga-
nization in conformity with the re-
quirements of this clause for designa-
tion of the organization.
‘‘(VI) REMOVAL AUTHORITY.—The
Secretary of State, in consultation
with the Attorney General, may remove
the terrorist organization designation
from any organization previously des-
ignated as such an organization, at
any time, so long as the Secretary pub-
lishes notice of the removal in the Fed-
eral Register. The Secretary is not re-
quired to report to Congress prior to so
removing such designation.
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‘‘(v) REPRESENTATIVE DEFINED.—
‘‘(I) IN
GENERAL.—In this sub-
paragraph, the term ‘representative’
includes an officer, official, or spokes-
man of the organization and any per-
son who directs, counsels, commands or
induces the organization or its mem-
bers to engage in terrorist activity.
‘‘(II) JUDICIAL REVIEW.—The de-
termination under this subparagraph
that an alien is a representative of a
terrorist organization shall be subject
to judicial review under section 706 of
title 5, United States Code.’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of the enactment of this
Act.
SEC. 332. DENIAL OF RELIEF FOR ALIEN TERRORISTS.
(a) WITHHOLDING
OF
DEPORTATION.—Subsection
(h)(2) of section 243 (8 U.S.C. 1253), before amendment
by section 307(a), is amended by adding at the end the fol-
lowing new sentence: ‘‘For purposes of subparagraph (D),
an alien who is described in section 241(a)(4)(B) shall be
considered to be an alien for whom there are reasonable
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grounds for regarding as a danger to the security of the
United States.’’.
(b) SUSPENSION OF DEPORTATION.—Section 244(a) (8
U.S.C. 1254(a)), before amendment by section 308(b), is
amended by striking ‘‘section 241(a)(4)(D)’’ and inserting
‘‘subparagraph (B) or (D) of section 241(a)(4)’’.
(c) VOLUNTARY DEPARTURE.—Section 244(e)(2) (8
U.S.C. 1254(e)(2)), before amendment by section 308(b), is
amended by inserting ‘‘under section 241(a)(4)(B) or’’ after
‘‘who is deportable’’.
(d) ADJUSTMENT
OF STATUS.—Section 245(c) (8
U.S.C. 1255(c)) is amended—
(1) by striking ‘‘or’’ before ‘‘(5)’’, and
(2) by inserting before the period at the end the
following: ‘‘, or (6) an alien who is deportable under
section 241(a)(4)(B)’’.
(e) REGISTRY.—Section 249(d) (8 U.S.C. 1259(d)) is
amended by inserting ‘‘and is not deportable under section
241(a)(4)(B)’’ after ‘‘ineligible to citizenship’’.
(f) EFFECTIVE DATE.—(1) The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to applications filed before, on,
or after such date if final action has not been taken on them
before such date.
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(2) The amendments made by subsections (a) through
(c) are subsequently superseded by the amendments made
by subtitle A.
Subtitle 
C—Deterring 
Transpor-
tation of Unlawful Aliens to the
United States
SEC. 341. DEFINITION OF STOWAWAY.
(a) STOWAWAY DEFINED.—Section 101(a) (8 U.S.C.
1101(a)) is amended by adding the following new para-
graph:
‘‘(47) The term ‘stowaway’ means any alien who ob-
tains transportation without the consent of the owner,
charterer, master or person in command of any vessel or
aircraft through concealment aboard such vessel or aircraft.
A passenger who boards with a valid ticket is not to be
considered a stowaway.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment
of this Act.
SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIV-
ING.
(a) IN GENERAL.—Section 231(a) (8 U.S.C. 1221(a))
is amended—
(1) by amending the first sentence to read as fol-
lows: ‘‘In connection with the arrival of any person
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by water or by air at any port within the United
States from any place outside the United States, it
shall be the duty of the master or commanding officer,
or authorized agent, owner, or consignee of the vessel
or aircraft, having such person on board to deliver to
the immigration officers at the port of arrival, or
other place designated by the Attorney General, elec-
tronic, typewritten, or printed lists or manifests of
the persons on board such vessel or aircraft.’’;
(2) in the second sentence, by striking ‘‘shall be
prepared’’ and inserting ‘‘shall be prepared and sub-
mitted’’; and
(3) by inserting after the second sentence the fol-
lowing sentence: ‘‘Such lists or manifests shall con-
tain, but not be limited to, for each person trans-
ported, the person’s full name, date of birth, gender,
citizenship, travel document number (if applicable)
and arriving flight number.’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to vessels or aircraft arriving at
ports of entry on or after such date (not later than 60 days
after the date of the enactment of this Act) as the Attorney
General shall specify.
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Subtitle D—Additional Provisions
SEC. 351. DEFINITION OF CONVICTION.
(a) IN GENERAL.—Section 101(a) (8 U.S.C. 1101(a)),
as amended by section 341(a), is amended by adding at
the end the following new paragraph:
‘‘(48) The term ‘conviction’ means a formal judgment
of guilt entered by a court or, if adjudication of guilt has
been withheld, where all of the following elements are
present:
‘‘(A) A judge or jury has found the alien
guilty or the alien has entered a plea of guilty
or nolo contendere or has admitted sufficient
facts to warrant a finding of guilt.
‘‘(B) The judge has ordered some form of
punishment, penalty, or restraint on the alien’s
liberty to be imposed.
‘‘(C) A judgment or adjudication of guilt
may be entered if the alien violates the terms of
the probation or fails to comply with the require-
ments of the court’s order, without availability of
further proceedings regarding the alien’s guilt or
innocence of the original charge.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to convictions entered before, on, or
after the date of the enactment of this Act.
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SEC. 352. IMMIGRATION JUDGES AND COMPENSATION.
(a) DEFINITION OF TERM.—Paragraph (4) of section
101(b) (8 U.S.C. 1101(b)) is amended to read as follows:
‘‘(4) The term ‘immigration judge’ means an attorney
whom the Attorney General appoints as an administrative
judge within the Executive Office for Immigration Review,
qualified to conduct specified classes of proceedings, includ-
ing a hearing under section 240. An immigration judge
shall be subject to such supervision and shall perform such
duties as the Attorney General shall prescribe, but shall not
be employed by the Immigration and Naturalization Serv-
ice.’’.
(b) SUBSTITUTION FOR TERM ‘‘SPECIAL INQUIRY OF-
FICER’’.—The Immigration and Nationality Act is amend-
ed by striking ‘‘a special inquiry officer’’, ‘‘special inquiry
officer’’, and ‘‘special inquiry officers’’ and inserting ‘‘an
immigration judge’’, ‘‘immigration judge’’, and ‘‘immigra-
tion judges’’, respectively, each place it appears in the fol-
lowing sections:
(1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)).
(2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
(3) Section 234 (8 U.S.C. 1224), before redesig-
nation by section 308(b).
(4) Section 235 (8 U.S.C. 1225), before redesig-
nation by section 308(b).
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(5) Section 236 (8 U.S.C. 1226), before amend-
ment by section 303.
(6) Section 242(b) (8 U.S.C. 1252(b)), before
amendment by section 306(a)(2).
(7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)), be-
fore amendment by section 306(a)(2).
(8) Section 292 (8 U.S.C. 1362).
(c) COMPENSATION FOR IMMIGRATION JUDGES.—
(1) IN GENERAL.—There shall be four levels of
pay for immigration judges, under the Immigration
Judge Schedule (designated as IJ–1, 2, 3, and 4, re-
spectively), and each such judge shall be paid at one
of those levels, in accordance with the provisions of
this subsection.
(2) RATES OF PAY.—
(A) The rates of basic pay for the levels es-
tablished under paragraph (1) shall be as fol-
lows:
IJ–1 ...................................................
70% of the next to highest rate of basic
pay for the Senior Executive Serv-
ice
IJ–2 ...................................................
80% of the next to highest rate of basic
pay for the Senior Executive Serv-
ice
IJ–3 ...................................................
90% of the next to highest rate of basic
pay for the Senior Executive Serv-
ice
IJ–4 ...................................................
92% of the next to highest rate of basic
pay for the Senior Executive Serv-
ice.
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(B) Locality pay, where applicable, shall be
calculated into the basic pay for immigration
judges.
(3) APPOINTMENT.—
(A) Upon appointment, an immigration
judge shall be paid at IJ–1, and shall be ad-
vanced to IJ–2 upon completion of 104 weeks of
service, to IJ–3 upon completion of 104 weeks of
service in the next lower rate, and to IJ–4 upon
completion of 52 weeks of service in the next
lower rate.
(B) The Attorney General may provide for
appointment of an immigration judge at an ad-
vanced rate under such circumstances as the At-
torney General may determine appropriate.
(4) TRANSITION.—Judges serving on the Immi-
gration Court as of the effective date 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.
(d) EFFECTIVE DATES.—
(1) Subsections (a) and (b) shall take effect on
the date of the enactment of this Act.
(2) Subsection (c) shall take effect 90 days after
the date of the enactment of this Act.
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SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT
STATUS.
(a) IN GENERAL.—Section 246(a) (8 U.S.C. 1256(a))
is amended by adding at the end the following sentence:
‘‘Nothing in this subsection shall require the Attorney Gen-
eral to rescind the alien’s status prior to commencement of
procedures to remove the alien under section 240, and an
order of removal issued by an immigration judge shall be
sufficient to rescind the alien’s status.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the title III–A effective date
(as defined in section 309(a)).
SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 274C the following
new section:
‘‘CIVIL PENALTIES FOR FAILURE TO DEPART
‘‘SEC. 274D. (a) IN GENERAL.—Any alien subject to
a final order of removal who—
‘‘(1) willfully fails or refuses to—
‘‘(A) depart from the United States pursu-
ant to the order,
‘‘(B) make timely application in good faith
for travel or other documents necessary for de-
parture, or
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Title III, Subtitle D
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‘‘(C) present for removal at the time and
place required by the Attorney General; or
‘‘(2) conspires to or takes any action designed to
prevent or hamper the alien’s departure pursuant to
the order,
shall pay a civil penalty of not more than $500 to the Com-
missioner for each day the alien is in violation of this sec-
tion.
‘‘(b) CONSTRUCTION.—Nothing in this section shall be
construed to diminish or qualify any penalties to which an
alien may be subject for activities proscribed by section
243(a) or any other section of this Act.’’.
(b) CLERICAL AMENDMENT.—The table of contents is
amended by inserting after the item relating to section 274C
the following new item:
‘‘Sec. 274D. Civil penalties for failure to depart.’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to actions occurring on or after the
title III–A effective date (as defined in section 309(a)).
SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDIC-
TION.
(a) IN GENERAL.—Section 279 (8 U.S.C. 1329) is
amended—
(1) by amending the first sentence to read as fol-
lows: ‘‘The district courts of the United States shall
have jurisdiction of all causes, civil and criminal,
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Title III, Subtitle D
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brought by the United States that arise under the pro-
visions of this title.’’, and
(2) by adding at the end the following new sen-
tence: ‘‘Nothing in this section shall be construed as
providing jurisdiction for suits against the United
States or its agencies or officers.’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to actions filed after the date of the
enactment of this Act.
SEC. 356. USE OF RETIRED FEDERAL EMPLOYEES FOR IN-
STITUTIONAL HEARING PROGRAM.
(a) AUTHORIZATION OF TEMPORARY EMPLOYMENT OF
CERTAIN ANNUITANTS AND RETIREES.—For the purpose of
performing duties in connection with supporting the en-
hanced Institutional Hearing Program, the Attorney Gen-
eral may employ for a period not to exceed 24 months (be-
ginning 3 months after the date of the enactment of this
Act) not more than 300 individuals (at any one time) who,
by reason of separation from service on or before January
1, 1995, are receiving—
(1) annuities under the provisions of subchapter
III of chapter 83 of title 5, United States Code, or
chapter 84 of such title;
(2) annuities under any other retirement system
for employees of the Federal Government; or
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(3) retired or retainer pay as retired officers of
regular components of the uniformed services.
(b) NO REDUCTION IN ANNUITY OR RETIREMENT PAY
OR REDETERMINATION OF PAY DURING TEMPORARY EM-
PLOYMENT.—
(1) RETIREES
UNDER
CIVIL
SERVICE
RETIRE-
MENT SYSTEM AND FEDERAL EMPLOYEES’ RETIRE-
MENT SYSTEM.—In the case of an individual em-
ployed under subsection (a) who is receiving an an-
nuity described in subsection (a)(1)—
(A) such individual’s annuity shall con-
tinue during the employment under subsection
(a) and shall not be increased as a result of serv-
ice performed during that employment;
(B) retirement deductions shall not be with-
held from such individual’s pay; and
(C) such individual’s pay shall not be sub-
ject to any deduction based on the portion of
such individual’s annuity which is allocable to
the period of employment.
(2) OTHER FEDERAL RETIREES.—The President
shall apply the provisions of paragraph (1) to indi-
viduals who are receiving an annuity described in
subsection (a)(2) and who are employed under sub-
section (a) in the same manner and to the same ex-
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Title III, Subtitle D
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tent as such provisions apply to individuals who are
receiving an annuity described in subsection (a)(1)
and who are employed under subsection (a).
(3) RETIRED OFFICERS OF THE UNIFORM SERV-
ICES.—The retired or retainer pay of a retired officer
of a regular component of a uniformed service shall
not be reduced under section 5532 of title 5, United
States Code, by reason of temporary employment au-
thorized under subsection (a).
SEC. 357. ENHANCED PENALTIES FOR FAILURE TO DEPART,
ILLEGAL REENTRY, AND PASSPORT AND VISA
FRAUD.
(a) FAILING TO DEPART.—The United States Sentenc-
ing Commission shall promptly promulgate, pursuant to
section 994 of title 28, United States Code, amendments to
the sentencing guidelines to make appropriate increases in
the base offense level for offenses under section 242(e) and
276(b) of the Immigration and Nationality Act (8 U.S.C.
1252(e) and 1326(b)) to reflect the amendments made by
section 130001 of the Violent Crime Control and Law En-
forcement Act of 1994.
(b) PASSPORT
AND VISA OFFENSES.—The United
States Sentencing Commission shall promptly promulgate,
pursuant to section 994 of title 28, United States Code,
amendments to the sentencing guidelines to make appro-
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priate increases in the base offense level for offenses under
chapter 75 of title 18, United States Code to reflect the
amendments made by section 130009 of the Violent Crime
Control and Law Enforcement Act of 1994.
SEC. 358. AUTHORIZATION OF ADDITIONAL FUNDS FOR RE-
MOVAL OF ALIENS.
In addition to the amounts otherwise authorized to be
appropriated for each fiscal year beginning with fiscal year
1996, there are authorized to be appropriated to the Attor-
ney General $150,000,000 for costs associated with the re-
moval of inadmissible or deportable aliens, including costs
of detention of such aliens pending their removal, the hiring
of more investigators, and the hiring of more detention and
deportation officers.
SEC. 359. APPLICATION OF ADDITIONAL CIVIL PENALTIES
TO ENFORCEMENT.
(a) IN GENERAL.—Subsection (b) of section 280 (8
U.S.C. 1330(b)) is amended to read as follows:
‘‘(b)(1) There is established in the general fund of the
Treasury a separate account which shall be known as the
‘Immigration Enforcement Account’. Notwithstanding any
other section of this title, there shall be deposited as offset-
ting receipts into the Immigration Enforcement Account
amounts described in paragraph (2) to remain available
until expended.
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‘‘(2) The amounts described in this paragraph are the
following:
‘‘(A) The increase in penalties collected resulting
from the amendments made by sections 203(b) and
543(a) of the Immigration Act of 1990.
‘‘(B) Civil penalties collected under sections
240B(d), 274C, 274D, and 275(b).
‘‘(3)(A) The Secretary of the Treasury shall refund out
of the Immigration Enforcement Account to any appropria-
tion the amount paid out of such appropriation for expenses
incurred by the Attorney General for activities that enhance
enforcement of provisions of this title, including—
‘‘(i) the identification, investigation, apprehen-
sion, detention, and removal of criminal aliens;
‘‘(ii) the maintenance and updating of a system
to identify and track criminal aliens, deportable
aliens, inadmissible aliens, and aliens illegally enter-
ing the United States; and
‘‘(iii) for the repair, maintenance, or construc-
tion on the United States border, in areas experienc-
ing high levels of apprehensions of illegal aliens, of
structures to deter illegal entry into the United
States.
‘‘(B) The amounts which are required to be refunded
under subparagraph (A) shall be refunded at least quarterly
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on the basis of estimates made by the Attorney General of
the expenses referred to in subparagraph (A). Proper adjust-
ments shall be made in the amounts subsequently refunded
under subparagraph (A) to the extent prior estimates were
in excess of, or less than, the amount required to be refunded
under subparagraph (A).’’.
(b) IMMIGRATION
USER
FEE
ACCOUNT.—Section
286(h)(1)(B) (8 U.S.C. 1356(h)(1)(B)) is amended by strik-
ing ‘‘271’’ and inserting ‘‘243(c), 271,’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply to fines and penalties collected on or
after the date of the enactment of this Act.
SEC. 360. PRISONER TRANSFER TREATIES.
(a) NEGOTIATION.—Congress advises the President to
begin to negotiate and renegotiate, not later than 90 days
after the date of the enactment of this Act, bilateral prisoner
transfer treaties. The focus of such negotiations shall be—
(1) to expedite the transfer of aliens unlawfully
in the United States who are (or are about to be) in-
carcerated in United States prisons,
(2) to ensure that a transferred prisoner serves
the balance of the sentence imposed by the United
States courts,
(3) to eliminate any requirement of prisoner
consent to such a transfer, and
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(4) 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 prison sentences.
In entering into such negotiations, the President may con-
sider providing for appropriate compensation in cases
where the United States is able to independently verify the
adequacy of the sites where aliens will be imprisoned and
the length of time the alien is actually incarcerated in the
foreign country under such a treaty.
(b) CERTIFICATION.—The President shall submit to the
Congress, annually, a certification as to whether each pris-
oner transfer treaty in force is effective in returning aliens
unlawfully in the United States who have committed of-
fenses for which they are incarcerated in the United States
to their country of nationality for further incarceration.
SEC. 361. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
(a) OPERATION AND PURPOSE.—Subsection (a) of sec-
tion 130002 of the Violent Crime Control and Law Enforce-
ment Act of 1994 (Public Law 103–322) is amended to read
as follows:
‘‘(a) OPERATION AND PURPOSE.—The Commissioner
of Immigration and Naturalization shall, under the author-
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Title III, Subtitle D
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ity of section 242(a)(3)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien
identification system. The criminal alien identification sys-
tem shall be used to assist Federal, State, and local law
enforcement agencies in identifying and locating aliens who
may be subject to removal by reason of their conviction of
aggravated felonies, subject to prosecution under section 275
of such Act, not lawfully present in the United States, or
otherwise removable. Such system shall include providing
for recording of fingerprint records of aliens who have been
previously arrested and removed into appropriate auto-
mated fingerprint identification systems.’’.
(b) IDENTIFICATION OF CRIMINAL ALIENS UNLAW-
FULLY PRESENT IN THE UNITED STATES.—Upon the re-
quest of the governor or chief executive officer of any State,
the Immigration and Naturalization Service shall provide
assistance to State courts in the identification of aliens un-
lawfully present in the United States pending criminal
prosecution.
SEC. 362. WAIVER OF EXCLUSION AND DEPORTATION
GROUND FOR CERTAIN SECTION 274C VIOLA-
TORS.
(a) EXCLUSION GROUNDS.—Section 212 (8 U.S.C.
1182) is amended—
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(1) by amending subparagraph (F) of subsection
(a)(6) to read as follows:
‘‘(F) SUBJECT OF CIVIL PENALTY.—
‘‘(i) IN GENERAL.—An alien who is the
subject of a final order for violation of sec-
tion 274C is inadmissible.
‘‘(ii) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see
subsection (d)(12).’’; and
(2) by adding at the end of subsection (d) the fol-
lowing new paragraph:
‘‘(12) The Attorney General may, in the discretion of
the Attorney General for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest,
waive application of clause (i) of subsection (a)(6)(F)—
‘‘(A) in the case of an alien lawfully admitted
for permanent residence who temporarily proceeded
abroad voluntarily and not under an order of depor-
tation and who is otherwise admissible to the United
States as a returning resident under section 211(b),
and
‘‘(B) in the case of an alien seeking admission
or adjustment of status under section 201(b)(2)(A) or
under section 203(a),
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if the violation under section 274C was committed solely
to assist, aid, or support the alien’s spouse, parent, son,
or daughter (and not another individual).’’.
(b) GROUND OF DEPORTATION.—Subparagraph (C) of
section 241(a)(3) (8 U.S.C. 1251(a)(3)), before redesigna-
tion by section 305(a)(2), is amended to read as follows:
‘‘(C) DOCUMENT FRAUD.—
‘‘(i) IN GENERAL.—An alien who is the
subject of a final order for violation of sec-
tion 274C is deportable.
‘‘(ii) WAIVER AUTHORIZED.—The At-
torney General may waive clause (i) in the
case of an alien lawfully admitted for per-
manent residence if the alien’s civil money
penalty under section 274C was incurred
solely to assist, aid, or support the alien’s
spouse, parent, son, or daughter (and no
other individual).’’.
SEC. 363. AUTHORIZING REGISTRATION OF ALIENS ON
CRIMINAL PROBATION OR CRIMINAL PAROLE.
Section 263(a) (8 U.S.C. 1303(a)) is amended by strik-
ing ‘‘and (5)’’ and inserting ‘‘(5) aliens who are or have
been on criminal probation or criminal parole within the
United States, and (6)’’.
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the spouse or parent consented to or acquiesced
in such battery or cruelty and the alien did not
actively participate in such battery or cruelty,
unless the alien has been convicted of a crime or
crimes listed in section 241(a)(2) of the Immigration
and Nationality Act; or
(2) permit use by or disclosure to anyone (other
than a sworn officer or employee of the Department,
or bureau or agency thereof, for legitimate Depart-
ment, bureau, or agency purposes) of any information
which relates to an alien who is the beneficiary of an
application for relief under clause (iii) or (iv) of sec-
tion 204(a)(1)(A), clause (ii) or (iii) of section
204(a)(1)(B), 
section 
216(c)(4)(C), 
or 
section
244(a)(3) of such Act as an alien (or the parent of
a child) who has been battered or subjected to extreme
cruelty.
The limitation under paragraph (2) ends when the applica-
tion for relief is denied and all opportunities for appeal
of the denial have been exhausted.
(b) EXCEPTIONS.—
(1) The Attorney General may provide, in the
Attorney General’s discretion, for the disclosure of in-
formation in the same manner and circumstances as
census information may be disclosed by the Secretary
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of Commerce under section 8 of title 13, United States
Code.
(2) The Attorney General may provide in the
discretion of the Attorney General for the disclosure of
information to law enforcement officials to be used
solely for a legitimate law enforcement purpose.
(3) Subsection (a) shall not be construed as pre-
venting disclosure of information in connection with
judicial review of a determination in a manner that
protects the confidentiality of such information.
(4) Subsection (a)(2) shall not apply if all the
battered individuals in the case are adults and they
have all waived the restrictions of such subsection.
(c) PENALTIES FOR VIOLATIONS.—Anyone who uses,
publishes, or permits information to be disclosed in viola-
tion of this section shall be fined in accordance with title
18, United States Code, or imprisoned not more than 5
years, or both.
TITLE IV—ENFORCEMENT OF RE-
STRICTIONS 
AGAINST 
EM-
PLOYMENT
SEC. 401. STRENGTHENED ENFORCEMENT OF THE EM-
PLOYER SANCTIONS PROVISIONS.
(a) IN GENERAL.—The number of full-time equivalent
positions in the Investigations Division within the Immi-
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gration and Naturalization Service of the Department of
Justice beginning in fiscal year 1996 shall be increased by
350 positions above the number of full-time equivalent posi-
tions available to such Division as of September 30, 1994.
(b) ASSIGNMENT.—Individuals employed to fill the ad-
ditional positions described in subsection (a) shall be as-
signed to investigate violations of the employer sanctions
provisions contained in section 274A of the Immigration
and Nationality Act, including investigating reports of vio-
lations received from officers of the Employment Standards
Administration of the Department of Labor.
SEC. 402. STRENGTHENED ENFORCEMENT OF WAGE AND
HOUR LAWS.
(a) IN GENERAL.—The number of full-time equivalent
positions in the Wage and Hour Division with the Employ-
ment Standards Administration of the Department of
Labor beginning in fiscal year 1996 shall be increased by
150 positions above the number of full-time equivalent posi-
tions available to the Wage and Hour Division as of Sep-
tember 30, 1994.
(b) ASSIGNMENT.—Individuals employed to fill the ad-
ditional positions described in subsection (a) shall be as-
signed to investigate violations of wage and hour laws in
areas where the Attorney General has notified the Secretary
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of Labor that there are high concentrations of undocu-
mented aliens.
SEC. 403. CHANGES IN THE EMPLOYER SANCTIONS PRO-
GRAM.
(a) REDUCING THE NUMBER OF DOCUMENTS ACCEPT-
ED FOR EMPLOYMENT VERIFICATION.—Section 274A(b) (8
U.S.C. 1324a(b)) is amended—
(1) in paragraph (1)(B)—
(A) by adding ‘‘or’’ at the end of clause (i),
(B) by striking clauses (ii) through (iv),
and
(C) in clause (v), by striking ‘‘or other alien
registration card, if the card’’ and inserting ‘‘,
alien registration card, or other document des-
ignated by regulation by the Attorney General, if
the document’’ and redesignating such clause as
clause (ii);
(2) by amending subparagraph (C) of paragraph
(1) to read as follows:
‘‘(C) SOCIAL SECURITY ACCOUNT NUMBER
CARD AS EVIDENCE OF EMPLOYMENT AUTHOR-
IZATION.—A document described in this sub-
paragraph is an individual’s social security ac-
count number card (other than such a card
which specifies on the face that the issuance of
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the card does not authorize employment in the
United States).’’; and
(3) by amending paragraph (2) to read as fol-
lows:
‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOYMENT
AUTHORIZATION AND PROVISION OF SOCIAL SECURITY
ACCOUNT NUMBER.—The individual must—
‘‘(A) attest, under penalty of perjury on the
form designated or established for purposes of
paragraph (1), that the individual is a citizen or
national of the United States, an alien lawfully
admitted for permanent residence, or an alien
who is authorized under this Act or by the Attor-
ney General to be hired, recruited, or referred for
such employment; and
‘‘(B) provide on such form the individual’s
social security account number.’’.
(b) EMPLOYMENT ELIGIBILITY CONFIRMATION PROC-
ESS.—Section 274A (8 U.S.C. 1324a) is amended—
(1) in subsection (a)(3), by inserting ‘‘(A)’’ after
‘‘DEFENSE.—’’, and by adding at the end the follow-
ing:
‘‘(B) FAILURE TO SEEK AND OBTAIN CONFIRMA-
TION.—Subject to subsection (b)(7), in the case of a
hiring of an individual for employment in the United
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States by a person or entity that employs more than
3 employees, the following rules apply:
‘‘(i) FAILURE TO SEEK CONFIRMATION.—
‘‘(I) IN GENERAL.—If the person or en-
tity has not made an inquiry, under the
mechanism established under subsection
(b)(6), seeking confirmation of the identity,
social security number, and work eligibility
of the individual, by not later than the end
of 3 working days (as specified by the Attor-
ney General) after the date of the hiring, the
defense under subparagraph (A) shall not be
considered to apply with respect to any em-
ployment after such 3 working days, except
as provided in subclause (II).
‘‘(II) SPECIAL RULE FOR FAILURE OF
CONFIRMATION MECHANISM.—If such a per-
son or entity in good faith attempts to make
an inquiry during such 3 working days in
order to qualify for the defense under sub-
paragraph (A) and the confirmation mecha-
nism has registered that not all inquiries
were responded to during such time, the
person or entity can make an inquiry in
the first subsequent working day in which