Page:United States Statutes at Large Volume 110 Part 4.djvu/822

 110 STAT. 3009 -659 PUBLIC LAW 104-208—SEPT. 30, 1996 (II) there is significant participation by the Federal Executive branch in each of the pilot programs. (B) LEGISLATIVE BRANCH.— Each Member of Congress, each officer of Congress, and the head of each agency of the legislative branch, that conducts hiring in a State in which a pilot program is operating shall elect to participate in a pilot program, may specify which pilot program or programs (if there is more than one) in which the Member, officer, or agency will participate, and shall comply with the terms and conditions of such an election. (2) APPLICATION TO CERTAIN VIOLATORS. — An order under section 274A(e)(4) or section 274B(g) of the Immigration and Nationality Act may require the sulDJect of the order to participate in, and comply with the terms of, a pilot program with respect to the subject's hiring (or recruitment or referral) of individuals in a State covered by such a program. (3) CONSEQUENCE OF FAILURE TO PARTICIPATE. —I f a person or other entity is required under this subsection to participate in a pilot program and fails to comply with the requirements of such program with respect to an individual— (A) such failure shall be treated as a violation of section 274A(a)(l)(B) with respect to that individual, and (B) a rebuttable presumption is created that the person or entity has violated section 274A(a)(l)(A). Subparagraph (B) shall not apply in any prosecution under section 274A(f)(l). (f) CONSTRUCTION.— This subtitle shall not affect the authority of the Attorney General under any other law (including section 274A(d)(4)) to conduct demonstration projects in relation to section 274A. SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PROGRAMS. (a) BASIC PILOT PROGRAM. —^A person or other entity that elects to participate in the basic pilot program described in this subsection agrees to conform to the following procedures in the case of the hiring (or recruitment or referral) for employment in the United States of each individual covered by the election: (1) PROVISION OF ADDITIONAL INFORMATION. —The person or entity shall obtain from the individual (and the individual shall provide) and shall record on the 1-9 or similar form— (A) the individual's social security account number, if the individual has been issued such a number, and (B) if the individual does not attest to United States citizenship under section 274A(b)(2), such identification or authorization number established by the Immigration and Naturalization Service for the alien as the Attorney General shall specify, and shall retain the original form and make it available for inspection for the period and in the manner required of I- 9 forms under section 274A(b)(3). (2) PRESENTATION OF DOCUMENTATION. — (A) IN GENERAL.— The person or other entity, and the individual whose identity and employment eligibility are being confirmed, shall, subject to subparagraph (B), fulfill the requirements of section 274A(b) with the following modifications:

�