Page:United States Statutes at Large Volume 110 Part 4.djvu/825

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-662 to constitute a violation of section 274A(a)(l)(B) with respect to that individual and the applicable civil monetary penalty under section 274A(e)(5) shall be (notwithstanding the amounts specified in such section) no less than $500 and no more than $1,000 for each individual with respect to whom such violation occurred. (iii) CONTINUED EMPLOYMENT AFTER FINAL NON- CONFIRMATION. — If the person or other entity continues to employ (or to recruit or refer) an individual after receiving final nonconfirmation, a rebuttable presumption is created that the person or entity has violated section 274A(a)(l)(A). The previous sentence shall not apply in any prosecution under section 274A(f)(l). (b) CITIZEN ATTESTATION PILOT PROGRAM. — (1) IN GENERAL.— Except as provided in paragraphs (3) through (5), the procedures applicable under the citizen attestation pilot program under this subsection shall be the same procedures as those under the basic pilot program under subsection (a). (2) RESTRICTIONS.— (A) STATE DOCUMENT REQUIREMENT TO PARTICIPATE IN PILOT PROGRAM. —The Attorney General may not provide for the operation of the citizen attestation pilot program in a State unless each driver's license or similar identification document described in section 274A(b)(l)(D)(i) issued by the State— (i) contains a photograph of the individual involved, and (ii) has been determined by the Attorney General to have security features, and to have been issued through application and issuance procedures, which make such document sufficiently resistant to counterfeiting, tampering, and fraudulent use that it is a reliable means of identification for purposes of this section. (B) AUTHORIZATION TO LIMIT EMPLOYER PARTICIPA- TION.—The Attorney General may restrict the number of persons or other entities that may elect to participate in the citizen attestation pilot program under this subsection as the Attorney General determines to be necessary to produce a representative sample of employers and to reduce the potential impact of fraud. (3) No CONFIRMATION REQUIRED FOR CERTAIN INDIVIDUALS ATTESTING TO U.S. CITIZENSHIP.— In the case of a person or other entity hiring (or recruiting or referring) an individual under the citizen attestation pilot program, if the individual attests to United States citizenship (under penalty of perjury on an 1-9 or similar form which form states on its face the criminal and other penalties provided under law for a false representation of United States citizenship)— (A) the person or entity may fulfill the requirement to examine documentation contained in subparagraph (A) of section 274A(b)(l) by examining a document specified in either subparagraph (B)(i) or (D) of such section; and (B) the person or other entity is not required to comply with respect to such individual with the procedures

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