PAPERWORK AND OTHER CHANGES IN THE EMPLOYER SANCTIONS PROGRAM.

SEC. 412. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER SANCTIONS PROGRAM. (a) Reducing the Number of Documents Accepted for Employment Verification.— Section 274A(b)(1) (8 U.S.C. 1324a(b)(1)) is amended— (1) in subparagraph (B)— (A) by striking clauses (ii) through (iv), (B) in clause (v), by striking “or other alien registration card, if the card” and inserting “, alien registration card, or other document designated by the Attorney General, if the document” and redesignating such clause as clause (ii), and (C) in clause (ii), as so redesignated— (i) in subclause (I), by striking “or” before “such other personal identifying information” and inserting “and”, (ii) by striking “and” at the end of subclause (I), 110 STAT. 3009–667 (iii) by striking the period at the end of subclause (II) and inserting and”, and (iv) by adding at the end the following new subclause: “(III) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use”; (2) in subparagraph (C)— (A) by adding “or” at the end of clause (i), (B) by striking clause (ii), and (C) by redesignating clause (iii) as clause (ii); and (3) by adding at the end the following new subparagraph: “(E) Authority to prohibit use of certain documents.— If the Attorney General finds, by regulation, that any document described in subparagraph (B), (C), or (D) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Attorney General may prohibit or place conditions on its use for purposes of this subsection.”. (b) Reduction of Paperwork for Certain Employees.— Section 274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end the following new paragraph: “(6) Treatment of documentation for certain employees.— “(A) In general.— For purposes of this section, if— “(i) an individual is a member of a collective-bargaining unit and is employed, under a collective bargaining agreement entered into between one or more employee organizations and an association of two or more employers, by an employer that is a member of such association, and “(ii) within the period specified in subparagraph (B), another employer that is a member of the association (or an agent of such association on behalf of the employer) has complied with the requirements of subsection (b) with respect to the employment of the individual, the subsequent employer shall be deemed to have complied with the requirements of subsection (b) with respect to the hiring of the employee and shall not be liable for civil penalties described in subsection (e)(5). “(B) Period.— The period described in this subparagraph is 3 years, or, if less, the period of time that the individual is authorized to be employed in the United States. “(C) Liability.— “(i) In general.— If any employer that is a member of an association hires for employment in the United States an individual and relies upon the provisions of subparagraph (A) to comply with the requirements of subsection (b) and the individual is an alien not authorized to work in the United States, then for the purposes of paragraph (1)(A), subject to clause (ii), the employer shall be presumed to have known at the time of hiring or afterward that the individual 110 STAT. 3009–668was an alien not authorized to work in the United States. “(ii) Rebuttal of presumption.— The presumption established 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.