Page:United States Statutes at Large Volume 110 Part 4.djvu/819

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-656 the date of the enactment of this Act. Unless the Congress otherwise provides, the Attorney General shall terminate a pilot program at the end of the 4-year period beginning on the first day the pilot program is in effect. (c) SCOPE OF OPERATION OF PILOT PROGRAMS.— The Attorney General shall provide for the operation— (1) of the basic pilot program (described in section 403(a) of this division) in, at a minimum, 5 of the 7 States with the highest estimated population of aliens who are not lawfully present in the United States; (2) of the citizen attestation pilot program (described in section 403(b) of this division) in at least 5 States (or, if fewer, all of the States) that meet the condition described in section 403(b)(2)(A) of this division; and (3) of the machine-readable-document pilot program (described in section 403(c) of this division) in at least 5 States (or, if fewer, all of the States) that meet the condition described in section 403(c)(2) of this division. (d) REFERENCES IN SUBTITLE.—In this subtitle— (1) PILOT PROGRAM REFERENCES. —The terms "program" or "pilot program" refer to any of the 3 pilot programs provided for under this subtitle. (2) CONFIRMATION SYSTEM. — The term "confirmation system" means the confirmation system established under section 404 of this division. (3) REFERENCES TO SECTION 274A.—Any reference in this subtitle to section 274A (or a subdivision of such section) is deemed a reference to such section (or subdivision thereof) of the Immigration and Nationality Act. (4) 1-9 OR SIMILAR FORM.—The term "1-9 or similar form" means the form used for purposes of section 274A(b)(l)(A) or such other form as the Attorney General determines to be appropriate. (5) LIMITED APPLICATION TO RECRUITERS AND REFERRERS.— Any reference to recruitment or referral (or a recruiter or referrer) in relation to employment is deemed a reference only to such recruitment or referral (or recruiter or referrer) that is subject to section 274A(a)(l)(B)(ii). (6) UNITED STATES CITIZENSHIP.—The term "United States citizenship" includes United States nationality. (7) STATE.—The term "State" has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act. SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN A PILOT PRO- GRAM. (a) VOLUNTARY ELECTION.—Subject to subsection (c)(3)(B), any person or other entity that conducts any hiring (or recruitment or referral) in a State in which a pilot program is operating may elect to participate in that pilot program. Except as specifically provided in subsection (e), the Attorney General may not require any person or other entity to participate in a pilot program. (b) BENEFIT OF REBUTTABLE PRESUMPTION.— (1) IN GENERAL.—If a person or other entity is participating in a pilot program and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring (or recruitment

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