Page:United States Statutes at Large Volume 110 Part 4.djvu/831

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-668 was an alien not authorized to work in the United States. "(ii) REBUTTAL OF PRESUMPTION.— The presumption estabhshed by clause (i) may be rebutted by the employer only through the presentation of clear and convincing evidence that the employer did not know (and could not reasonably have known) that the individual at the time of hiring or afterward was an alien not authorized to work in the United States. " (iii) EXCEPTION.—Clause (i) shall not apply in any prosecution under subsection (f)(1).". (c) ELIMINATION OF DATED PROVISIONS.— Section 274A (8 U.S.C. 1324a) is amended by striking subsections (i) through (n). (d) CLARIFICATION OF APPLICATION TO FEDERAL GOVERNMENT.— Section 274A(a) (8 U.S.C. 1324a(a)), as amended by subsection (b), is amended by adding at the end the following new paragraph: "(7) APPLICATION TO FEDERAL GOVERNMENT.—For purposes of this section, the term 'entity' includes an entity in any branch of the Federal Government.". (e) EFFECTIVE DATES. — (1) The amendments made by subsection (a) shall apply with respect to hiring (or recruitment or referral) occurring on or after such date (not later than 12 months after the date of the enactment of this Act) as the Attorney General shall designate. (2) The amendment made by subsection (b) shall apply to individuals hired on or after 60 days after the date of the enactment of this Act. (3) The amendment made by subsection (c) shall take effect on the date of the enactment of this Act. (4) The amendment made by subsection (d) applies to hiring occurring before, on, or after the date of the enactment of this Act, but no penalty shall be imposed under subsection (e) or (f) of section 274A of the Immigration and Nationality Act for such hiring occurring before such date. SEC. 413. REPORT ON ADDITIONAL AUTHORITY OR RESOURCES NEEDED FOR ENFORCEMENT OF EMPLOYER SANCTIONS PROVISIONS. (a) IN GENERAL. — Not later than 1 year after the date of the enactment of this Act, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report on any additional authority or resources needed— (1) by the Immigration and Naturalization Service in order to enforce section 274A of the Immigration and Nationality Act, or (2) by Federal agencies in order to carry out the Executive Order of February 13, 1996 (entitled "Economy and Efficiency in Government Procurement Through Compliance with Certain Immigration and Naturalization Act Provisions") and to expand the restrictions in such order to cover agricultural subsidies, grants, job training programs, and other Federally subsidized assistance programs. (b) REFERENCE TO INCREASED AUTHORIZATION OF APPROPRIA- TIONS.— For provision increasing the authorization of appropriations 8 USC 1324a note. 8 USC 1324a note.

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