From the U.S. Code Online via GPO Access [www.gpoaccess.gov] [Laws in effect as of January 3, 2007] [CITE: 8USC1324a]                         TITLE 8--ALIENS AND NATIONALITY                    CHAPTER 12--IMMIGRATION AND NATIONALITY                          SUBCHAPTER II--IMMIGRATION                     Part VIII--General Penalty Provisions    Sec. 1324a. Unlawful employment of aliens   (a) Making employment of unauthorized aliens unlawful                             (1) In general          It is unlawful for a person or other entity--             (A) to hire, or to recruit or refer for a fee, for          employment in the United States an alien knowing the alien is an          unauthorized alien (as defined in subsection (h)(3) of this          section) with respect to such employment, or             (B)(i) to hire for employment in the United States an          individual without complying with the requirements of subsection          (b) of this section or (ii) if the person or entity is an          agricultural association, agricultural employer, or farm labor          contractor (as defined in section 1802 of title 29), to hire, or          to recruit or refer for a fee, for employment in the United          States an individual without complying with the requirements of          subsection (b) of this section.                        (2) Continuing employment          It is unlawful for a person or other entity, after hiring an      alien for employment in accordance with paragraph (1), to continue      to employ the alien in the United States knowing the alien is (or      has become) an unauthorized alien with respect to such employment.                               (3) Defense          A person or entity that establishes that it has complied in good      faith with the requirements of subsection (b) of this section with      respect to the hiring, recruiting, or referral for employment of an      alien in the United States has established an affirmative defense      that the person or entity has not violated paragraph (1)(A) with      respect to such hiring, recruiting, or referral.                    (4) Use of labor through contract          For purposes of this section, a person or other entity who uses      a contract, subcontract, or exchange, entered into, renegotiated, or      extended after November 6, 1986, to obtain the labor of an alien in      the United States knowing that the alien is an unauthorized alien      (as defined in subsection (h)(3) of this section) with respect to      performing such labor, shall be considered to have hired the alien      for employment in the United States in violation of paragraph      (1)(A).            (5) Use of State employment agency documentation          For purposes of paragraphs (1)(B) and (3), a person or entity      shall be deemed to have complied with the requirements of subsection      (b) of this section with respect to the hiring of an individual who      was referred for such employment by a State employment agency (as      defined by the Attorney General), if the person or entity has and      retains (for the period and in the manner described in subsection      (b)(3) of this section) appropriate documentation of such referral      by that agency, which documentation certifies that the agency has      complied with the procedures specified in subsection (b) of this      section with respect to the individual's referral.          (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) of this              section with respect to the employment of the individual,          the subsequent employer shall be deemed to have complied with          the requirements of subsection (b) of this section with respect          to the hiring of the employee and shall not be liable for civil          penalties described in subsection (e)(5) of this section.          (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) of this section 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 was              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) of this section.                  (7) Application to Federal Government          For purposes of this section, the term ``entity'' includes an      entity in any branch of the Federal Government.  (b) Employment verification system      The requirements referred to in paragraphs (1)(B) and (3) of  subsection (a) of this section are, in the case of a person or other  entity hiring, recruiting, or referring an individual for employment in  the United States, the requirements specified in the following three  paragraphs:           (1) Attestation after examination of documentation          (A) In general              The person or entity must attest, under penalty of perjury          and on a form designated or established by the Attorney General          by regulation, that it has verified that the individual is not          an unauthorized alien by examining--                 (i) a document described in subparagraph (B), or                 (ii) a document described in subparagraph (C) and a              document described in subparagraph (D).          Such attestation may be manifested by either a hand-written or          an electronic signature. A person or entity has complied with          the requirement of this paragraph with respect to examination of          a document if the document reasonably appears on its face to be          genuine. If an individual provides a document or combination of          documents that reasonably appears on its face to be genuine and          that is sufficient to meet the requirements of the first          sentence of this paragraph, nothing in this paragraph shall be          construed as requiring the person or entity to solicit the          production of any other document or as requiring the individual          to produce such another document.          (B) Documents establishing both employment authorization and                  identity              A document described in this subparagraph is an          individual's--                 (i) United States passport; \1\ ---------------------------------------------------------------------------     \1\ So in original. Probably should be followed by ``or''. ---------------------------------------------------------------------------                 (ii) resident alien card, alien registration card, or              other document designated by the Attorney General, if the              document--                     (I) contains a photograph of the individual and such                  other personal identifying information relating to the                  individual as the Attorney General finds, by regulation,                  sufficient for purposes of this subsection,                     (II) is evidence of authorization of employment in                  the United States, and                     (III) contains security features to make it                  resistant to tampering, counterfeiting, and fraudulent                  use.          (C) Documents evidencing employment authorization              A document described in this subparagraph is an          individual's--                 (i) social security account number card (other than such              a card which specifies on the face that the issuance of the              card does not authorize employment in the United States); or                 (ii) other documentation evidencing authorization of              employment in the United States which the Attorney General              finds, by regulation, to be acceptable for purposes of this              section.          (D) Documents establishing identity of individual              A document described in this subparagraph is an          individual's--                 (i) driver's license or similar document issued for the              purpose of identification by a State, if it contains a              photograph of the individual or such other personal              identifying information relating to the individual as the              Attorney General finds, by regulation, sufficient for              purposes of this section; or                 (ii) in the case of individuals under 16 years of age or              in a State which does not provide for issuance of an              identification document (other than a driver's license)              referred to in clause (i), documentation of personal              identity of such other type as the Attorney General finds,              by regulation, provides a reliable means of identification.          (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.         (2) Individual attestation of employment authorization          The individual must attest, under penalty of perjury on the form      designated or established for purposes of paragraph (1), that the      individual is a citizen or national of the United States, an alien      lawfully admitted for permanent residence, or an alien who is      authorized under this chapter or by the Attorney General to be      hired, recruited, or referred for such employment. Such attestation      may be manifested by either a hand-written or an electronic      signature.                   (3) Retention of verification form          After completion of such form in accordance with paragraphs (1)      and (2), the person or entity must retain a paper, microfiche,      microfilm, or electronic version of the form and make it available      for inspection by officers of the Service, the Special Counsel for      Immigration-Related Unfair Employment Practices, or the Department      of Labor during a period beginning on the date of the hiring,      recruiting, or referral of the individual and ending--             (A) in the case of the recruiting or referral for a fee          (without hiring) of an individual, three years after the date of          the recruiting or referral, and             (B) in the case of the hiring of an individual--                 (i) three years after the date of such hiring, or                 (ii) one year after the date the individual's employment              is terminated,          whichever is later.                 (4) Copying of documentation permitted          Notwithstanding any other provision of law, the person or entity      may copy a document presented by an individual pursuant to this      subsection and may retain the copy, but only (except as otherwise      permitted under law) for the purpose of complying with the      requirements of this subsection.                (5) Limitation on use of attestation form          A form designated or established by the Attorney General under      this subsection and any information contained in or appended to such      form, may not be used for purposes other than for enforcement of      this chapter and sections 1001, 1028, 1546, and 1621 of title 18.                        (6) Good faith compliance          (A) In general              Except as provided in subparagraphs (B) and (C), a person or          entity is considered to have complied with a requirement of this          subsection notwithstanding a technical or procedural failure to          meet such requirement if there was a good faith attempt to          comply with the requirement.          (B) Exception if failure to correct after notice              Subparagraph (A) shall not apply if--                 (i) the Service (or another enforcement agency) has              explained to the person or entity the basis for the failure,                 (ii) the person or entity has been provided a period of              not less than 10 business days (beginning after the date of              the explanation) within which to correct the failure, and                 (iii) the person or entity has not corrected the failure              voluntarily within such period.          (C) Exception for pattern or practice violators              Subparagraph (A) shall not apply to a person or entity that          has or is engaging in a pattern or practice of violations of          subsection (a)(1)(A) or (a)(2) of this section.  (c) No authorization of national identification cards      Nothing in this section shall be construed to authorize, directly or  indirectly, the issuance or use of national identification cards or the  establishment of a national identification card.  (d) Evaluation and changes in employment verification system         (1) Presidential monitoring and improvements in system          (A) Monitoring              The President shall provide for the monitoring and          evaluation of the degree to which the employment verification          system established under subsection (b) of this section provides          a secure system to determine employment eligibility in the          United States and shall examine the suitability of existing          Federal and State identification systems for use for this          purpose.          (B) Improvements to establish secure system              To the extent that the system established under subsection          (b) of this section is found not to be a secure system to          determine employment eligibility in the United States, the          President shall, subject to paragraph (3) and taking into          account the results of any demonstration projects conducted          under paragraph (4), implement such changes in (including          additions to) the requirements of subsection (b) of this section          as may be necessary to establish a secure system to determine          employment eligibility in the United States. Such changes in the          system may be implemented only if the changes conform to the          requirements of paragraph (2).                  (2) Restrictions on changes in system          Any change the President proposes to implement under paragraph      (1) in the verification system must be designed in a manner so the      verification system, as so changed, meets the following      requirements:          (A) Reliable determination of identity              The system must be capable of reliably determining whether--                 (i) a person with the identity claimed by an employee or              prospective employee is eligible to work, and                 (ii) the employee or prospective employee is claiming              the identity of another individual.          (B) Using of counterfeit-resistant documents              If the system requires that a document be presented to or          examined by an employer, the document must be in a form which is          resistant to counterfeiting and tampering.          (C) Limited use of system              Any personal information utilized by the system may not be          made available to Government agencies, employers, and other          persons except to the extent necessary to verify that an          individual is not an unauthorized alien.          (D) Privacy of information              The system must protect the privacy and security of personal          information and identifiers utilized in the system.          (E) Limited denial of verification              A verification that an employee or prospective employee is          eligible to be employed in the United States may not be withheld          or revoked under the system for any reason other than that the          employee or prospective employee is an unauthorized alien.          (F) Limited use for law enforcement purposes              The system may not be used for law enforcement purposes,          other than for enforcement of this chapter or sections 1001,          1028, 1546, and 1621 of title 18.          (G) Restriction on use of new documents              If the system requires individuals to present a new card or          other document (designed specifically for use for this purpose)          at the time of hiring, recruitment, or referral, then such          document may not be required to be presented for any purpose          other than under this chapter (or enforcement of sections 1001,          1028, 1546, and 1621 of title 18) nor to be carried on one's          person.           (3) Notice to Congress before implementing changes          (A) In general              The President may not implement any change under paragraph          (1) unless at least--                 (i) 60 days,                 (ii) one year, in the case of a major change described              in subparagraph (D)(iii), or                 (iii) two years, in the case of a major change described              in clause (i) or (ii) of subparagraph (D),          before the date of implementation of the change, the President          has prepared and transmitted to the Committee on the Judiciary          of the House of Representatives and to the Committee on the          Judiciary of the Senate a written report setting forth the          proposed change. If the President proposes to make any change          regarding social security account number cards, the President          shall transmit to the Committee on Ways and Means of the House          of Representatives and to the Committee on Finance of the Senate          a written report setting forth the proposed change. The          President promptly shall cause to have printed in the Federal          Register the substance of any major change (described in          subparagraph (D)) proposed and reported to Congress.          (B) Contents of report              In any report under subparagraph (A) the President shall          include recommendations for the establishment of civil and          criminal sanctions for unauthorized use or disclosure of the          information or identifiers contained in such system.          (C) Congressional review of major changes              (i) Hearings and review                  The Committees on the Judiciary of the House of              Representatives and of the Senate shall cause to have              printed in the Congressional Record the substance of any              major change described in subparagraph (D), shall hold              hearings respecting the feasibility and desirability of              implementing such a change, and, within the two year period              before implementation, shall report to their respective              Houses findings on whether or not such a change should be              implemented.             (ii) Congressional action                  No major change may be implemented unless the Congress              specifically provides, in an appropriations or other Act,              for funds for implementation of the change.          (D) Major changes defined              As used in this paragraph, the term ``major change'' means a          change which would--                 (i) require an individual to present a new card or other              document (designed specifically for use for this purpose) at              the time of hiring, recruitment, or referral,                 (ii) provide for a telephone verification system under              which an employer, recruiter, or referrer must transmit to a              Federal official information concerning the immigration              status of prospective employees and the official transmits              to the person, and the person must record, a verification              code, or                 (iii) require any change in any card used for accounting              purposes under the Social Security Act [42 U.S.C. 301 et              seq.], including any change requiring that the only social              security account number cards which may be presented in              order to comply with subsection (b)(1)(C)(i) of this section              are such cards as are in a counterfeit-resistant form              consistent with the second sentence of section 205(c)(2)(D)              of the Social Security Act [42 U.S.C. 405(c)(2)(D)].          (E) General revenue funding of social security card changes              Any costs incurred in developing and implementing any change          described in subparagraph (D)(iii) for purposes of this          subsection shall not be paid for out of any trust fund          established under the Social Security Act [42 U.S.C. 301 et          seq.].                       (4) Demonstration projects          (A) Authority              The President may undertake demonstration projects          (consistent with paragraph (2)) of different changes in the          requirements of subsection (b) of this section. No such project          may extend over a period of longer than five years.          (B) Reports on projects              The President shall report to the Congress on the results of          demonstration projects conducted under this paragraph.  (e) Compliance                    (1) Complaints and investigations          The Attorney General shall establish procedures--             (A) for individuals and entities to file written, signed          complaints respecting potential violations of subsection (a) or          (g)(1) of this section,             (B) for the investigation of those complaints which, on          their face, have a substantial probability of validity,             (C) for the investigation of such other violations of          subsection (a) or (g)(1) of this section as the Attorney General          determines to be appropriate, and             (D) for the designation in the Service of a unit which has,          as its primary duty, the prosecution of cases of violations of          subsection (a) or (g)(1) of this section under this subsection.                     (2) Authority in investigations          In conducting investigations and hearings under this      subsection--             (A) immigration officers and administrative law judges shall          have reasonable access to examine evidence of any person or          entity being investigated,             (B) administrative law judges, may, if necessary, compel by          subpoena the attendance of witnesses and the production of          evidence at any designated place or hearing, and             (C) immigration officers designated by the Commissioner may          compel by subpoena the attendance of witnesses and the          production of evidence at any designated place prior to the          filing of a complaint in a case under paragraph (2).      In case of contumacy or refusal to obey a subpoena lawfully issued      under this paragraph and upon application of the Attorney General,      an appropriate district court of the United States may issue an      order requiring compliance with such subpoena and any failure to      obey such order may be punished by such court as a contempt thereof.                               (3) Hearing          (A) In general              Before imposing an order described in paragraph (4), (5), or          (6) against a person or entity under this subsection for a          violation of subsection (a) or (g)(1) of this section, the          Attorney General shall provide the person or entity with notice          and, upon request made within a reasonable time (of not less          than 30 days, as established by the Attorney General) of the          date of the notice, a hearing respecting the violation.          (B) Conduct of hearing              Any hearing so requested shall be conducted before an          administrative law judge. The hearing shall be conducted in          accordance with the requirements of section 554 of title 5. The          hearing shall be held at the nearest practicable place to the          place where the person or entity resides or of the place where          the alleged violation occurred. If no hearing is so requested,          the Attorney General's imposition of the order shall constitute          a final and unappealable order.          (C) Issuance of orders              If the administrative law judge determines, upon the          preponderance of the evidence received, that a person or entity          named in the complaint has violated subsection (a) or (g)(1) of          this section, the administrative law judge shall state his          findings of fact and issue and cause to be served on such person          or entity an order described in paragraph (4), (5), or (6).        (4) Cease and desist order with civil money penalty for                   hiring, recruiting, and referral violations          With respect to a violation of subsection (a)(1)(A) or (a)(2) of      this section, the order under this subsection--             (A) shall require the person or entity to cease and desist          from such violations and to pay a civil penalty in an amount          of--                 (i) not less than $250 and not more than $2,000 for each              unauthorized alien with respect to whom a violation of              either such subsection occurred,                 (ii) not less than $2,000 and not more than $5,000 for              each such alien in the case of a person or entity previously              subject to one order under this paragraph, or                 (iii) not less than $3,000 and not more than $10,000 for              each such alien in the case of a person or entity previously              subject to more than one order under this paragraph; and              (B) may require the person or entity--                 (i) to comply with the requirements of subsection (b) of              this section (or subsection (d) of this section if              applicable) with respect to individuals hired (or recruited              or referred for employment for a fee) during a period of up              to three years, and                 (ii) to take such other remedial action as is              appropriate.          In applying this subsection in the case of a person or entity          composed of distinct, physically separate subdivisions each of          which provides separately for the hiring, recruiting, or          referring for employment, without reference to the practices of,          and not under the control of or common control with, another          subdivision, each such subdivision shall be considered a          separate person or entity.       (5) Order for civil money penalty for paperwork violations          With respect to a violation of subsection (a)(1)(B) of this      section, the order under this subsection shall require the person or      entity to pay a civil penalty in an amount of not less than $100 and      not more than $1,000 for each individual with respect to whom such      violation occurred. In determining the amount of the penalty, due      consideration shall be given to the size of the business of the      employer being charged, the good faith of the employer, the      seriousness of the violation, whether or not the individual was an      unauthorized alien, and the history of previous violations.                (6) Order for prohibited indemnity bonds          With respect to a violation of subsection (g)(1) of this      section, the order under this subsection may provide for the remedy      described in subsection (g)(2) of this section.                   (7) Administrative appellate review          The decision and order of an administrative law judge shall      become the final agency decision and order of the Attorney General      unless either (A) within 30 days, an official delegated by      regulation to exercise review authority over the decision and order      modifies or vacates the decision and order, or (B) within 30 days of      the date of such a modification or vacation (or within 60 days of      the date of decision and order of an administrative law judge if not      so modified or vacated) the decision and order is referred to the      Attorney General pursuant to regulations, in which case the decision      and order of the Attorney General shall become the final agency      decision and order under this subsection. The Attorney General may      not delegate the Attorney General's authority under this paragraph      to any entity which has review authority over immigration-related      matters.                           (8) Judicial review          A person or entity adversely affected by a final order      respecting an assessment may, within 45 days after the date the      final order is issued, file a petition in the Court of Appeals for      the appropriate circuit for review of the order.                        (9) Enforcement of orders          If a person or entity fails to comply with a final order issued      under this subsection against the person or entity, the Attorney      General shall file a suit to seek compliance with the order in any      appropriate district court of the United States. In any such suit,      the validity and appropriateness of the final order shall not be      subject to review.  (f) Criminal penalties and injunctions for pattern or practice          violations                          (1) Criminal penalty          Any person or entity which engages in a pattern or practice of      violations of subsection (a)(1)(A) or (a)(2) of this section shall      be fined not more than $3,000 for each unauthorized alien with      respect to whom such a violation occurs, imprisoned for not more      than six months for the entire pattern or practice, or both,      notwithstanding the provisions of any other Federal law relating to      fine levels.             (2) Enjoining of pattern or practice violations          Whenever the Attorney General has reasonable cause to believe      that a person or entity is engaged in a pattern or practice of      employment, recruitment, or referral in violation of paragraph      (1)(A) or (2) of subsection (a) of this section, the Attorney      General may bring a civil action in the appropriate district court      of the United States requesting such relief, including a permanent      or temporary injunction, restraining order, or other order against      the person or entity, as the Attorney General deems necessary.  (g) Prohibition of indemnity bonds                             (1) Prohibition          It is unlawful for a person or other entity, in the hiring,      recruiting, or referring for employment of any individual, to      require the individual to post a bond or security, to pay or agree      to pay an amount, or otherwise to provide a financial guarantee or      indemnity, against any potential liability arising under this      section relating to such hiring, recruiting, or referring of the      individual.                            (2) Civil penalty          Any person or entity which is determined, after notice and      opportunity for an administrative hearing under subsection (e) of      this section, to have violated paragraph (1) shall be subject to a      civil penalty of $1,000 for each violation and to an administrative      order requiring the return of any amounts received in violation of      such paragraph to the employee or, if the employee cannot be      located, to the general fund of the Treasury.  (h) Miscellaneous provisions                            (1) Documentation          In providing documentation or endorsement of authorization of      aliens (other than aliens lawfully admitted for permanent residence)      authorized to be employed in the United States, the Attorney General      shall provide that any limitations with respect to the period or      type of employment or employer shall be conspicuously stated on the      documentation or endorsement.                             (2) Preemption          The provisions of this section preempt any State or local law      imposing civil or criminal sanctions (other than through licensing      and similar laws) upon those who employ, or recruit or refer for a      fee for employment, unauthorized aliens.                  (3) Definition of unauthorized alien          As used in this section, the term ``unauthorized alien'' means,      with respect to the employment of an alien at a particular time,      that the alien is not at that time either (A) an alien lawfully      admitted for permanent residence, or (B) authorized to be so      employed by this chapter or by the Attorney General.  (June 27, 1952, ch. 477, title II, ch. 8, Sec. 274A, as added Pub. L.  99-603, title I, Sec. 101(a)(1), Nov. 6, 1986, 100 Stat. 3360; amended  Pub. L. 100-525, Sec. 2(a)(1), Oct. 24, 1988, 102 Stat. 2609; Pub. L.  101-649, title V, Secs. 521(a), 538(a), Nov. 29, 1990, 104 Stat. 5053,  5056; Pub. L. 102-232, title III, Secs. 306(b)(2), 309(b)(11), Dec. 12,  1991, 105 Stat. 1752, 1759; Pub. L. 103-416, title II, Secs. 213,  219(z)(4), Oct. 25, 1994, 108 Stat. 4314, 4318; Pub. L. 104-208, div. C,  title III, Sec. 379(a), title IV, Secs. 411(a), 412(a)-(d), 416, Sept.  30, 1996, 110 Stat. 3009-649, 3009-666 to 3009-669; Pub. L. 108-390,  Sec. 1(a), Oct. 30, 2004, 118 Stat. 2242.)                         References in Text      The Social Security Act, referred to in subsec. (d)(3)(D)(iii), (E),  is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is  classified generally to chapter 7 (Sec. 301 et seq.) of Title 42, The  Public Health and Welfare. For complete classification of this Act to  the Code, see section 1305 of Title 42 and Tables.                                  Amendments      2004--Subsec. (b)(1)(A). Pub. L. 108-390, Sec. 1(a)(1), inserted  ``Such attestation may be manifested by either a hand-written or an  electronic signature.'' before ``A person or entity has complied'' in  concluding provisions.     Subsec. (b)(2). Pub. L. 108-390, Sec. 1(a)(2), inserted at end  ``Such attestation may be manifested by either a hand-written or an  electronic signature.''     Subsec. (b)(3). Pub. L. 108-390, Sec. 1(a)(3), inserted ``a paper,  microfiche, microfilm, or electronic version of'' after ``must retain''  in introductory provisions.     1996--Subsec. (a)(6). Pub. L. 104-208, Sec. 412(b), added par. (6).     Subsec. (a)(7). Pub. L. 104-208, Sec. 412(d), added par. (7).     Subsec. (b)(1)(B). Pub. L. 104-208, Sec. 412(a)(1)(A), (B),  redesignated cl. (v) as (ii), substituted ``, alien registration card,  or other document designated by the Attorney General, if the document''  for ``or other alien registration card, if the card'' in introductory  provisions of that cl., and struck out former cls. (ii) to (iv) which  read as follows:     ``(ii) certificate of United States citizenship;     ``(iii) certificate of naturalization;     ``(iv) unexpired foreign passport, if the passport has an  appropriate, unexpired endorsement of the Attorney General authorizing  the individual's employment in the United States; or''.     Subsec. (b)(1)(B)(ii). Pub. L. 104-208, Sec. 412(a)(1)(C), in subcl.  (I), substituted ``and'' for ``or'' before ``such other personal'' and  struck out ``and'' at end, in subcl. (II), substituted ``, and'' for the  period at end, and added subcl. (III).     Subsec. (b)(1)(C). Pub. L. 104-208, Sec. 412(a)(2), inserted ``or''  at end of cl. (i), redesignated cl. (iii) as (ii), and struck out former  cl. (ii) which read as follows: ``certificate of birth in the United  States or establishing United States nationality at birth, which  certificate the Attorney General finds, by regulation, to be acceptable  for purposes of this section; or''.     Subsec. (b)(1)(E). Pub. L. 104-208, Sec. 412(a)(3), added subpar.  (E).     Subsec. (b)(6). Pub. L. 104-208, Sec. 411(a), added par. (6).     Subsec. (e)(2)(C). Pub. L. 104-208, Sec. 416, added subpar. (C).     Subsec. (e)(7). Pub. L. 104-208, Sec. 379(a)(2), substituted ``the  final agency decision and order under this subsection'' for ``a final  order under this subsection''.     Pub. L. 104-208, Sec. 379(a)(1), substituted ``unless either (A)  within 30 days, an official delegated by regulation to exercise review  authority over the decision and order modifies or vacates the decision  and order, or (B) within 30 days of the date of such a modification or  vacation (or within 60 days of the date of decision and order of an  administrative law judge if not so modified or vacated) the decision and  order is referred to the Attorney General pursuant to regulations'' for  ``unless, within 30 days, the Attorney General modifies or vacates the  decision and order''.     Subsecs. (i) to (n). Pub. L. 104-208, Sec. 412(c), struck out  subsec. (i) which provided effective dates for implementation of this  section, subsec. (j) which required General Accounting Office reports on  implementation of this section, subsec. (k) which established a  taskforce to review reports, subsec. (l) which provided a termination  date for employer sanctions under this section upon finding of  widespread discrimination in implementing this section, and subsecs. (m)  and (n) which provided for expedited procedures in House of  Representatives and Senate for considering resolutions to approve  findings in the reports.     1994--Subsec. (b)(3). Pub. L. 103-416, Sec. 219(z)(4), made  technical correction to Pub. L. 102-232, Sec. 306(b)(2). See 1991  Amendment note below.     Subsec. (d)(4)(A). Pub. L. 103-416, Sec. 213, substituted ``five''  for ``three'' in second sentence.     1991--Subsec. (b)(1)(D)(ii). Pub. L. 102-232, Sec. 309(b)(11),  substituted ``clause (i)'' for ``clause (ii)''.     Subsec. (b)(3). Pub. L. 102-232, Sec. 306(b)(2), as amended by Pub.  L. 103-416, Sec. 219(z)(4), made technical correction to Pub. L. 101- 649, Sec. 538(a). See 1990 Amendment note below.     1990--Subsec. (a)(1). Pub. L. 101-649, Sec. 521(a), struck out ``to  hire, or to recruit or refer for a fee, for employment in the United  States'' after ``or other entity'' in introductory provisions, inserted  ``to hire, or to recruit or refer for a fee, for employment in the  United States'' after ``(A)'' in subpar. (A), and inserted ``(i) to hire  for employment in the United States an individual without complying with  the requirements of subsection (b) of this section or (ii) if the person  or entity is an agricultural association, agricultural employer, or farm  labor contractor (as defined in section 1802 of title 29), to hire, or  to recruit or refer for a fee, for employment in the United States''  after ``(B)'' in subpar. (B).     Subsec. (b)(3). Pub. L. 101-649, Sec. 538(a), as amended by Pub. L.  102-232, Sec. 306(b)(2), as amended by Pub. L. 103-416, Sec. 219(z)(4),  inserted ``, the Special Counsel for Immigration-Related Unfair  Employment Practices,'' after ``officers of the Service''.     1988--Subsec. (b)(1)(A). Pub. L. 100-525, Sec. 2(a)(1)(A),  substituted ``the first sentence of this paragraph'' for ``such  sentence'' and ``such another document'' for ``such a document''.     Subsec. (d)(3)(D). Pub. L. 100-525, Sec. 2(a)(1)(B), in heading  substituted ``defined'' for ``requiring two years notice and  congressional review''.     Subsec. (e)(1). Pub. L. 100-525, Sec. 2(a)(1)(C)(i), inserted  reference to subsec. (g)(1) in three places.     Subsec. (e)(3). Pub. L. 100-525, Sec. 2(a)(1)(C)(i), (ii), inserted  reference to subsec. (g)(1) in two places and reference to par. (6) in  two places.     Subsec. (e)(4)(A)(ii), (iii). Pub. L. 100-525, Sec. 2(a)(1)(D),  substituted ``paragraph'' for ``subparagraph''.     Subsec. (e)(6) to (9). Pub. L. 100-525, Sec. 2(a)(1)(C)(iii), (iv),  added par. (6) and redesignated former pars. (6) to (8) as (7) to (9),  respectively.     Subsec. (g)(2). Pub. L. 100-525, Sec. 2(a)(1)(E), inserted reference  to subsec. (e) of this section.     Subsec. (i)(3)(B)(iii). Pub. L. 100-525, Sec. 2(a)(1)(F),  substituted ``an order'' for ``a order'' and ``subsection (a)(1)(A) of  this section'' for ``paragraph (1)(A)''.     Subsec. (j)(1). Pub. L. 100-525, Sec. 2(a)(1)(G), made technical  amendment to provision of original act which was translated as  ``November 6, 1986,'' and struck out ``of the United States'' after  ``Comptroller General''.     Subsec. (j)(2). Pub. L. 100-525, Sec. 2(a)(1)(H), substituted ``this  section'' for ``that section''.                       Effective Date of 2004 Amendment      Pub. L. 108-390, Sec. 1(b), Oct. 30, 2004, 118 Stat. 2242, provided  that: ``The amendments made by subsection (a) [amending this section]  shall take effect on the earlier of--         ``(1) the date on which final regulations implementing such      amendments take effect; or         ``(2) 180 days after the date of the enactment of this Act [Oct.      30, 2004].''                       Effective Date of 1996 Amendment      Section 379(b) of div. C of Pub. L. 104-208 provided that: ``The  amendments made by subsection (a) [amending this section and section  1324c of this title] shall apply to orders issued on or after the date  of the enactment of this Act [Sept. 30, 1996].''     Section 411(b) of div. C of Pub. L. 104-208 provided that: ``The  amendment made by subsection (a) [amending this section] shall apply to  failures occurring on or after the date of the enactment of this Act  [Sept. 30, 1996].''     Section 412(e) of div. C of Pub. L. 104-208, as amended by Pub. L.  105-54, Sec. 3(a), Oct. 6, 1997, 111 Stat. 1175; Pub. L. 108-156,  Sec. 3(d), Dec. 3, 2003, 117 Stat. 1945, provided that:     ``(1) The amendments made by subsection (a) [amending this section]  shall apply with respect to hiring (or recruitment or referral)  occurring on or after such date (not later than 18 months after the date  of the enactment of this Act [Sept. 30, 1996]) as the Secretary of  Homeland Security shall designate.     ``(2) The amendment made by subsection (b) [amending this section]  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) [amending this section]  shall take effect on the date of the enactment of this Act.     ``(4) The amendment made by subsection (d) [amending this section]  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  [subsecs. (e) and (f) of this section] for such hiring occurring before  such date.''     [Section 3(b) of Pub. L. 105-54 provided that: ``The amendment made  by subsection (a) [amending section 412(e) of div. C of Pub. L. 104-208,  set out above] shall take effect as if included in the enactment of the  Illegal Immigration Reform and Immigrant Responsibility Act of 1996  [div. C of Pub. L. 104-208].'']                       Effective Date of 1994 Amendment      Section 219(z) of Pub. L. 103-416 provided that the amendment made  by subsec. (z)(4) of that section is effective as if included in the  Miscellaneous and Technical Immigration and Naturalization Amendments of  1991, Pub. L. 102-232.                       Effective Date of 1991 Amendment      Amendment by section 306(b)(2) of Pub. L. 102-232 effective as if  included in the enactment of the Immigration Act of 1990, Pub. L. 101- 649, see section 310(1) of Pub. L. 102-232, set out as a note under  section 1101 of this title.                       Effective Date of 1990 Amendment      Section 521(b) of Pub. L. 101-649 provided that: ``The amendments  made by subsection (a) [amending this section] shall apply to recruiting  and referring occurring on or after the date of the enactment of this  Act [Nov. 29, 1990].''     Section 538(b) of Pub. L. 101-649 provided that: ``The amendment  made by subsection (a) [amending this section] shall take effect on the  date of the enactment of this Act [Nov. 29, 1990].''                       Effective Date of 1988 Amendment      Amendment by Pub. L. 100-525 effective as if included in enactment  of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see  section 2(s) of Pub. L. 100-525, set out as a note under section 1101 of  this title.   Date of Enactment of This Section for Aliens Employed Under Section 8704                            of Title 46, Shipping      Date of enactment of this section with respect to aliens deemed  employed under section 8704 of Title 46, Shipping, as the date 180 days  after Jan. 11, 1988, see section 5(f)(3) of Pub. L. 100-239, set out as  a Construction note under section 8704 of Title 46.    Abolition of Immigration and Naturalization Service and Transfer of                                  Functions      For abolition of Immigration and Naturalization Service, transfer of  functions, and treatment of related references, see note set out under  section 1551 of this title.                           Delegation of Authority      Memorandum of President of the United States, Feb. 10, 1992, 57 F.R.  24345, provided:     Memorandum for the Secretary of Health and Human Services     Section 205(c)(2)(F) of the Social Security Act (section  405(c)(2)(F) of title 42 of the United States Code) directs the  Secretary of Health and Human Services to issue Social Security number  cards to individuals who are assigned Social Security numbers.     By the authority vested in me as President by the Constitution and  the laws of the United States of America, including section  274A(d)(3)(A) of the Immigration and Nationality Act (the ``Act'')  (section 1324a(d)(3)(A) of title 8 of the United States Code) and  section 301 of title 3 of the United States Code, and in order to  provide for the delegation of certain functions under the Act [8 U.S.C.  1101 et seq.], I hereby:     (1) Authorize you to prepare and transmit, to the Committee on the  Judiciary and the Committee on Ways and Means of the House of  Representatives and to the Committee on the Judiciary and the Committee  on Finance of the Senate, a written report regarding the substance of  any proposed change in Social Security number cards, to the extent  required by section 274A(d)(3)(A) of the Act, and     (2) Authorize you to cause to have printed in the Federal Register  the substance of any change in the Social Security number card so  proposed and reported to the designated congressional committees, to the  extent required by section 274A(d)(3)(A) of the Act.     The authority delegated by this memorandum may be further  redelegated within the Department of Health and Human Services.     You are hereby authorized and directed to publish this memorandum in  the Federal Register.                                                             George Bush.      Authority of President under subsec. (d)(4) of this section to  undertake demonstration projects of different changes in requirements of  employment verification system delegated to Attorney General by section  2 of Ex. Ord. No. 12781, Nov. 20, 1991, 56 F.R. 59203, set out as a note  under section 301 of Title 3, The President.            Pilot Programs for Employment Eligibility Confirmation      Pub. L. 104-208, div. C, title IV, subtitle A, Sept. 30, 1996, 110  Stat. 3009-655, as amended by Pub. L. 107-128, Sec. 2, Jan. 16, 2002,  115 Stat. 2407; Pub. L. 108-156, Secs. 2, 3, Dec. 3, 2003, 117 Stat.  1944, provided that: ``SEC. 401. ESTABLISHMENT OF PROGRAMS.     ``(a) In General.--The Secretary of Homeland Security shall conduct  3 pilot programs of employment eligibility confirmation under this  subtitle.     ``(b) Implementation Deadline; Termination.--The Secretary of  Homeland Security shall implement the pilot programs in a manner that  permits persons and other entities to have elections under section 402  of this division made and in effect no later than 1 year after the date  of the enactment of this Act [Sept. 30, 1996]. Unless the Congress  otherwise provides, the Secretary of Homeland Security shall terminate a  pilot program at the end of the 11-year period beginning on the first  day the pilot program is in effect.     ``(c) Scope of Operation of Pilot Programs.--The Secretary of  Homeland Security 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, and the Secretary of Homeland Security shall expand      the operation of the program to all 50 States not later than      December 1, 2004;         ``(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 [8 U.S.C. 1324a].         ``(4) I-9 or similar form.--The term `I-9 or similar form' means      the form used for purposes of section 274A(b)(1)(A) or such other      form as the Secretary of Homeland Security 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)(1)(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 [8      U.S.C. 1101(a)(36)]. ``SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN A PILOT PROGRAM.     ``(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 Secretary of Homeland Security 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 or      referral) of an individual for employment in the United States, the      person or entity has established a rebuttable presumption that the      person or entity has not violated section 274A(a)(1)(A) with respect      to such hiring (or such recruitment or referral).         ``(2) Construction.--Paragraph (1) shall not be construed as      preventing a person or other entity that has an election in effect      under subsection (a) from establishing an affirmative defense under      section 274A(a)(3) if the person or entity complies with the      requirements of section 274A(a)(1)(B) but fails to obtain      confirmation under paragraph (1).     ``(c) General Terms of Elections.--         ``(1) In general.--An election under subsection (a) shall be in      such form and manner, under such terms and conditions, and shall      take effect, as the Secretary of Homeland Security shall specify.      The Secretary of Homeland Security may not impose any fee as a      condition of making an election or participating in a pilot program.         ``(2) Scope of election.--             ``(A) In general.--Subject to paragraph (3), any electing          person or other entity may provide that the election under          subsection (a) shall apply (during the period in which the          election is in effect)--                 ``(i) to all its hiring (and all recruitment or              referral) in the State (or States) in which the pilot              program is operating, or                 ``(ii) to its hiring (or recruitment or referral) in one              or more pilot program States or one or more places of hiring              (or recruitment or referral, as the case may be) in the              pilot program States.             ``(B) Application of programs in non-pilot program states.--         In addition, the Secretary of Homeland Security may permit a          person or entity electing the citizen attestation pilot program          (described in 403(b) of this division) or the machine-readable-         document pilot program (described in section 403(c) of this          division) to provide that the election applies to its hiring (or          recruitment or referral) in one or more States or places of          hiring (or recruitment or referral) in which the pilot program          is not otherwise operating but only if such States meet the          requirements of 403(b)(2)(A) and 403(c)(2) of this division,          respectively.         ``(3) Termination of elections.--The Secretary of Homeland      Security may terminate an election by a person or other entity under      this section because the person or entity has substantially failed      to comply with its obligations under the pilot program. A person or      other entity may terminate an election in such form and manner as      the Secretary of Homeland Security shall specify.     ``(d) Consultation, Education, and Publicity.--         ``(1) Consultation.--The Secretary of Homeland Security shall      closely consult with representatives of employers (and recruiters      and referrers) in the development and implementation of the pilot      programs, including the education of employers (and recruiters and      referrers) about such programs.         ``(2) Publicity.--The Secretary of Homeland Security shall      widely publicize the election process and pilot programs, including      the voluntary nature of the pilot programs and the advantages to      employers (and recruiters and referrers) of making an election under      this section.         ``(3) Assistance through district offices.--The Secretary of      Homeland Security shall designate one or more individuals in each      District office of the Immigration and Naturalization Service for a      Service District in which a pilot program is being implemented--             ``(A) to inform persons and other entities that seek          information about pilot programs of the voluntary nature of such          programs, and             ``(B) to assist persons and other entities in electing and          participating in any pilot programs in effect in the District,          in complying with the requirements of section 274A, and in          facilitating confirmation of the identity and employment          eligibility of individuals consistent with such section.     ``(e) Select Entities Required to Participate in a Pilot Program.--         ``(1) Federal government.--             ``(A) Executive departments.--                 ``(i) In general.--Each Department of the Federal              Government shall elect to participate in a pilot program and              shall comply with the terms and conditions of such an              election.                 ``(ii) Election.--Subject to clause (iii), the Secretary              of each such Department--           ``(I) shall elect the pilot program (or programs) in which the                  Department shall participate, and           ``(II) may limit the election to hiring occurring in certain                  States (or geographic areas) covered by the program (or                  programs) and in specified divisions within the                  Department, so long as all hiring by such divisions and                  in such locations is covered.                 ``(iii) Role of secretary of homeland security.--The              Secretary of Homeland Security shall assist and coordinate              elections under this subparagraph in such manner as assures              that--           ``(I) a significant portion of the total hiring within each                  Department within States covered by a pilot program is                  covered under such a program, and           ``(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      [8 U.S.C. 1324a(e)(4), 1324b(g)] may require the subject 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.--If 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)(1)(B) with respect to that individual, and             ``(B) a rebuttable presumption is created that the person or          entity has violated section 274A(a)(1)(A).     Subparagraph (B) shall not apply in any prosecution under section      274A(f)(1).     ``(f) Construction.--This subtitle shall not affect the authority of  the Secretary of Homeland Security 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 I-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 Secretary of          Homeland Security 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:                 ``(i) A document referred to in section              274A(b)(1)(B)(ii) (as redesignated by section 412(a) of this              division) must be designated by the Secretary of Homeland              Security as suitable for the purpose of identification in a              pilot program.                 ``(ii) A document referred to in section 274A(b)(1)(D)              must contain a photograph of the individual.                 ``(iii) The person or other entity has complied with the              requirements of section 274A(b)(1) with respect to              examination of a document if the document reasonably appears              on its face to be genuine and it reasonably appears to              pertain to the individual whose identity and work              eligibility is being confirmed.             ``(B) Limitation of requirement to examine documentation.--         If the Secretary of Homeland Security finds that a pilot program          would reliably determine with respect to an individual whether--                 ``(i) the person with the identity claimed by the              individual is authorized to work in the United States, and                 ``(ii) the individual is claiming the identity of              another person,     if a person or entity could fulfill the requirement to examine          documentation contained in subparagraph (A) of section          274A(b)(1) by examining a document specified in either          subparagraph (B) or (D) of such section, the Secretary of          Homeland Security may provide that, for purposes of such          requirement, only such a document need be examined. In such          case, any reference in section 274A(b)(1)(A) to a verification          that an individual is not an unauthorized alien shall be deemed          to be a verification of the individual's identity.         ``(3) Seeking confirmation.--             ``(A) In general.--The person or other entity shall make an          inquiry, as provided in section 404(a)(1) of this division,          using the confirmation system to seek confirmation of the          identity and employment eligibility of an individual, by not          later than the end of 3 working days (as specified by the          Secretary of Homeland Security) after the date of the hiring (or          recruitment or referral, as the case may be).             ``(B) Extension of time period.--If the person or other          entity in good faith attempts to make an inquiry during such 3          working days and the confirmation system has registered that not          all inquiries were received during such time, the person or          entity can make an inquiry in the first subsequent working day          in which the confirmation system registers that it has received          all inquiries. If the confirmation system cannot receive          inquiries at all times during a day, the person or entity merely          has to assert that the entity attempted to make the inquiry on          that day for the previous sentence to apply to such an inquiry,          and does not have to provide any additional proof concerning          such inquiry.         ``(4) Confirmation or nonconfirmation.--             ``(A) Confirmation upon initial inquiry.--If the person or          other entity receives an appropriate confirmation of an          individual's identity and work eligibility under the          confirmation system within the time period specified under          section 404(b) of this division, the person or entity shall          record on the I-9 or similar form an appropriate code that is          provided under the system and that indicates a final          confirmation of such identity and work eligibility of the          individual.             ``(B) Nonconfirmation upon initial inquiry and secondary          verification.--                 ``(i) Nonconfirmation.--If the person or other entity              receives a tentative nonconfirmation of an individual's              identity or work eligibility under the confirmation system              within the time period specified under 404(b) of this              division, the person or entity shall so inform the              individual for whom the confirmation is sought.                 ``(ii) No contest.--If the individual does not contest              the nonconfirmation within the time period specified in              section 404(c) of this division, the nonconfirmation shall              be considered final. The person or entity shall then record              on the I-9 or similar form an appropriate code which has              been provided under the system to indicate a tentative              nonconfirmation.                 ``(iii) Contest.--If the individual does contest the              nonconfirmation, the individual shall utilize the process              for secondary verification provided under section 404(c) of              this division. The nonconfirmation will remain tentative              until a final confirmation or nonconfirmation is provided by              the confirmation system within the time period specified in              such section. In no case shall an employer terminate              employment of an individual because of a failure of the              individual to have identity and work eligibility confirmed              under this section until a nonconfirmation becomes final.              Nothing in this clause shall apply to a termination of              employment for any reason other than because of such a              failure.                 ``(iv) Recording of conclusion on form.--If a final              confirmation or nonconfirmation is provided by the              confirmation system under section 404(c) of this division              regarding an individual, the person or entity shall record              on the I-9 or similar form an appropriate code that is              provided under the system and that indicates a confirmation              or nonconfirmation of identity and work eligibility of the              individual.             ``(C) Consequences of nonconfirmation.--                 ``(i) Termination or notification of continued              employment.--If the person or other entity has received a              final nonconfirmation regarding an individual under              subparagraph (B), the person or entity may terminate              employment (or recruitment or referral) of the individual.              If the person or entity does not terminate employment (or              recruitment or referral) of the individual, the person or              entity shall notify the Secretary of Homeland Security of              such fact through the confirmation system or in such other              manner as the Secretary of Homeland Security may specify.                 ``(ii) Failure to notify.--If the person or entity fails              to provide notice with respect to an individual as required              under clause (i), the failure is deemed to constitute a              violation of section 274A(a)(1)(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              nonconfirmation.--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)(1)(A). The previous sentence shall not apply in any              prosecution under section 274A(f)(1).     ``(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 Secretary of Homeland Security 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)(1)(D)(i) issued by the          State--                 ``(i) contains a photograph of the individual involved,              and                 ``(ii) has been determined by the Secretary of Homeland              Security 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 participation.--The          Secretary of Homeland Security 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          Secretary of Homeland Security 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 I-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)(1) 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 described in          paragraphs (3) and (4) of subsection (a), but only if the person          or entity retains the form and makes it available for inspection          in the same manner as in the case of an I-9 form under section          274A(b)(3).         ``(4) Waiver of document presentation requirement in certain      cases.--             ``(A) In general.--In the case of a person or entity that          elects, in a manner specified by the Secretary of Homeland          Security consistent with subparagraph (B), to participate in the          pilot program under this paragraph, if an individual being hired          (or recruited or referred) attests (in the manner described in          paragraph (3)) to United States citizenship and the person or          entity retains the form on which the attestation is made and          makes it available for inspection in the same manner as in the          case of an I-9 form under section 274A(b)(3), the person or          entity is not required to comply with the procedures described          in section 274A(b).             ``(B) Restriction.--The Secretary of Homeland Security shall          restrict the election under this paragraph to no more than 1,000          employers and, to the extent practicable, shall select among          employers seeking to make such election in a manner that          provides for such an election by a representative sample of          employers.         ``(5) Nonreviewable determinations.--The determinations of the      Secretary of Homeland Security under paragraphs (2) and (4) are      within the discretion of the Secretary of Homeland Security and are      not subject to judicial or administrative review.     ``(c) Machine-Readable-Document Pilot Program.--         ``(1) In general.--Except as provided in paragraph (3), the      procedures applicable under the machine-readable-document pilot      program under this subsection shall be the same procedures as those      under the basic pilot program under subsection (a).         ``(2) State document requirement to participate in pilot      program.--The Secretary of Homeland Security may not provide for the      operation of the machine-readable-document pilot program in a State      unless driver's licenses and similar identification documents      described in section 274A(b)(1)(D)(i) issued by the State include a      machine-readable social security account number.         ``(3) Use of machine-readable documents.--If the individual      whose identity and employment eligibility must be confirmed presents      to the person or entity hiring (or recruiting or referring) the      individual a license or other document described in paragraph (2)      that includes a machine-readable social security account number, the      person or entity must make an inquiry through the confirmation      system by using a machine-readable feature of such document. If the      individual does not attest to United States citizenship under      section 274A(b)(2), the individual's identification or authorization      number described in subsection (a)(1)(B) shall be provided as part      of the inquiry.     ``(d) Protection From Liability for Actions Taken on the Basis of  Information Provided by the Confirmation System.--No person or entity  participating in a pilot program shall be civilly or criminally liable  under any law for any action taken in good faith reliance on information  provided through the confirmation system. ``SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.     ``(a) In General.--The Secretary of Homeland Security shall  establish a pilot program confirmation system through which the  Secretary of Homeland Security (or a designee of the Secretary of  Homeland Security, which may be a nongovernmental entity)--         ``(1) responds to inquiries made by electing persons and other      entities (including those made by the transmittal of data from      machine-readable documents under the machine-readable pilot program)      at any time through a toll-free telephone line or other toll-free      electronic media concerning an individual's identity and whether the      individual is authorized to be employed, and         ``(2) maintains records of the inquiries that were made, of      confirmations provided (or not provided), and of the codes provided      to inquirers as evidence of their compliance with their obligations      under the pilot programs. To the extent practicable, the Secretary of Homeland Security shall seek  to establish such a system using one or more nongovernmental entities.     ``(b) Initial Response.--The confirmation system shall provide  confirmation or a tentative nonconfirmation of an individual's identity  and employment eligibility within 3 working days of the initial inquiry.  If providing confirmation or tentative nonconfirmation, the confirmation  system shall provide an appropriate code indicating such confirmation or  such nonconfirmation.     ``(c) Secondary Verification Process in Case of Tentative  Nonconfirmation.--In cases of tentative nonconfirmation, the Secretary  of Homeland Security shall specify, in consultation with the  Commissioner of Social Security and the Commissioner of the Immigration  and Naturalization Service, an available secondary verification process  to confirm the validity of information provided and to provide a final  confirmation or nonconfirmation within 10 working days after the date of  the tentative nonconfirmation. When final confirmation or  nonconfirmation is provided, the confirmation system shall provide an  appropriate code indicating such confirmation or nonconfirmation.     ``(d) Design and Operation of System.--The confirmation system shall  be designed and operated--         ``(1) to maximize its reliability and ease of use by persons and      other entities making elections under section 402(a) of this      division consistent with insulating and protecting the privacy and      security of the underlying information;         ``(2) to respond to all inquiries made by such persons and      entities on whether individuals are authorized to be employed and to      register all times when such inquiries are not received;         ``(3) with appropriate administrative, technical, and physical      safeguards to prevent unauthorized disclosure of personal      information; and         ``(4) to have reasonable safeguards against the system's      resulting in unlawful discriminatory practices based on national      origin or citizenship status, including--             ``(A) the selective or unauthorized use of the system to          verify eligibility;             ``(B) the use of the system prior to an offer of employment;          or             ``(C) the exclusion of certain individuals from          consideration for employment as a result of a perceived          likelihood that additional verification will be required, beyond          what is required for most job applicants.     ``(e) Responsibilities of the Commissioner of Social Security.--As  part of the confirmation system, the Commissioner of Social Security, in  consultation with the entity responsible for administration of the  system, shall establish a reliable, secure method, which, within the  time periods specified under subsections (b) and (c), compares the name  and social security account number provided in an inquiry against such  information maintained by the Commissioner in order to confirm (or not  confirm) the validity of the information provided regarding an  individual whose identity and employment eligibility must be confirmed,  the correspondence of the name and number, and whether the individual  has presented a social security account number that is not valid for  employment. The Commissioner shall not disclose or release social  security information (other than such confirmation or nonconfirmation).     ``(f) Responsibilities of the Commissioner of the Immigration and  Naturalization Service.--As part of the confirmation system, the  Commissioner of the Immigration and Naturalization Service, in  consultation with the entity responsible for administration of the  system, shall establish a reliable, secure method, which, within the  time periods specified under subsections (b) and (c), compares the name  and alien identification or authorization number described in section  403(a)(1)(B) of this division which are provided in an inquiry against  such information maintained by the Commissioner in order to confirm (or  not confirm) the validity of the information provided, the  correspondence of the name and number, and whether the alien is  authorized to be employed in the United States.     ``(g) Updating Information.--The Commissioners of Social Security  and the Immigration and Naturalization Service shall update their  information in a manner that promotes the maximum accuracy and shall  provide a process for the prompt correction of erroneous information,  including instances in which it is brought to their attention in the  secondary verification process described in subsection (c).     ``(h) Limitation on Use of the Confirmation System and Any Related  Systems.--         ``(1) In general.--Notwithstanding any other provision of law,      nothing in this subtitle shall be construed to permit or allow any      department, bureau, or other agency of the United States Government      to utilize any information, data base, or other records assembled      under this subtitle for any other purpose other than as provided for      under a pilot program.         ``(2) No national identification card.--Nothing in this subtitle      shall be construed to authorize, directly or indirectly, the      issuance or use of national identification cards or the      establishment of a national identification card. ``SEC. 405. REPORTS.     ``(a) In General.--The Secretary of Homeland Security shall submit  to the Committees on the Judiciary of the House of Representatives and  of the Senate reports on the pilot programs within 3 months after the  end of the third and fourth years in which the programs are in effect.  Such reports shall--         ``(1) assess the degree of fraudulent attesting of United States      citizenship,         ``(2) include recommendations on whether or not the pilot      programs should be continued or modified, and         ``(3) assess the benefits of the pilot programs to employers and      the degree to which they assist in the enforcement of section 274A.     ``(b) Report on Expansion.--Not later than June 1, 2004, the  Secretary of Homeland Security shall submit to the Committees on the  Judiciary of the House of Representatives and the Senate a report--         ``(1) evaluating whether the problems identified by the report      submitted under subsection (a) have been substantially resolved; and         ``(2) describing what actions the Secretary of Homeland Security      shall take before undertaking the expansion of the basic pilot      program to all 50 States in accordance with section 401(c)(1), in      order to resolve any outstanding problems raised in the report filed      under subsection (a).''     [Pub. L. 107-128, Sec. 3, Jan. 16, 2002, 115 Stat. 2407, provided  that: ``The amendment made by this Act [amending section 401(b) of Pub.  L. 104-208, set out above] shall take effect on the date of the  enactment of this Act [Jan. 16, 2002].'']    Report on Additional Authority or Resources Needed for Enforcement of                        Employer Sanctions Provisions      Pub. L. 104-208, div. C, title IV, Sec. 413(a), Sept. 30, 1996, 110  Stat. 3009-668, as amended by Pub. L. 108-156, Sec. 3(d), Dec. 3, 2003,  117 Stat. 1945, provided that not later than 1 year after Sept. 30,  1996, the Secretary of Homeland Security was to 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 by the  Immigration and Naturalization Service in order to enforce section 1324a  of this title, or by Federal agencies in order to carry out Ex. Ord. No.  12989, set out below, and to expand the restrictions in such order to  cover agricultural subsidies, grants, job training programs, and other  Federally subsidized assistance programs.                      Pilot Projects for Secure Documents      Pub. L. 101-238, Sec. 5, Dec. 18, 1989, 103 Stat. 2104, provided  that:     ``(a) Consultation.--Before June 1, 1991, the Attorney General shall  consult with State governments on any proper State initiative to improve  the security of State or local documents which would satisfy the  requirements of section 274A(b)(1) of the Immigration and Nationality  Act (8 U.S.C. 1324a). The result of such consultations shall be  reported, before September 1, 1991, to the Committees on the Judiciary  of the Senate and House of Representatives of the United States.     ``(b) Assistance for State Initiatives.--After such consultation  described in subsection (a), the Attorney General shall make grants to,  and enter into contracts with (to such extent or in such amounts as are  provided in an appropriation Act), the State of California and at least  2 other States with large immigrant populations to promote any State  initiatives to improve the security of State or local documents which  would satisfy the requirements of section 274A(b)(1) of the Immigration  and Nationality Act [8 U.S.C. 1324a(b)(1)].     ``(c) Authorization of Appropriations.--There are authorized to be  appropriated to the Attorney General $10,000,000 for fiscal year 1992 to  carry out subsection (b).     ``(d) Report Required.--The Attorney General shall report to the  Committees on the Judiciary of the Senate and House of Representatives  not later than August 1, 1993, on the security of State or local  documents which would satisfy the requirements of section 274A(b)(1) of  the Immigration and Nationality Act (8 U.S.C. 1324a), and any  improvements in such documents that have occurred as a result of this  section.''                              Interim Regulations      Section 101(a)(2) of Pub. L. 99-603 provided that: ``The Attorney  General shall, not later than the first day of the seventh month  beginning after the date of the enactment of this Act [Nov. 6, 1986],  first issue, on an interim or other basis, such regulations as may be  necessary in order to implement this section [enacting this section,  amending sections 1802, 1813, 1816, and 1851 of Title 29, Labor, and  enacting provisions set out as notes under this section, section 1802 of  Title 29, and section 405 of Title 42, The Public Health and Welfare].''                  Grandfather Provision for Current Employees      Section 101(a)(3) of Pub. L. 99-603 provided that:     ``(A) Section 274A(a)(1) of the Immigration and Nationality Act [8  U.S.C. 1324a(a)(1)] shall not apply to the hiring, or recruiting or  referring of an individual for employment which has occurred before the  date of the enactment of this Act [Nov. 6, 1986].     ``(B) Section 274A(a)(2) of the Immigration and Nationality Act  shall not apply to continuing employment of an alien who was hired  before the date of the enactment of this Act.''   Study of Use of Telephone Verification System for Determining Employment                            Eligibility of Aliens      Section 101(d) of Pub. L. 99-603 provided that:     ``(1) The Attorney General, in consultation with the Secretary of  Labor and the Secretary of Health and Human Services, shall conduct a  study for use by the Department of Justice in determining employment  eligibility of aliens in the United States. Such study shall concentrate  on those data bases that are currently available to the Federal  Government which through the use of a telephone and computation  capability could be used to verify instantly the employment eligibility  status of job applicants who are aliens.     ``(2) Such study shall be conducted in conjunction with any existing  Federal program which is designed for the purpose of providing  information on the resident or employment status of aliens for  employers. The study shall include an analysis of costs and benefits  which shows the differences in costs and efficiency of having the  Federal Government or a contractor perform this service. Such  comparisons should include reference to such technical capabilities as  processing techniques and time, verification techniques and time, back  up safeguards, and audit trail performance.     ``(3) Such study shall also concentrate on methods of phone  verification which demonstrate the best safety and service standards,  the least burden for the employer, the best capability for effective  enforcement, and procedures which are within the boundaries of the  Privacy Act of 1974 [5 U.S.C. 552a, 552a note].     ``(4) Such study shall be conducted within twelve months of the date  of enactment of this Act [Nov. 6, 1986].     ``(5) The Attorney General shall prepare and transmit to the  Congress a report--         ``(A) not later than six months after the date of enactment of      this Act, describing the status of such study; and         ``(B) not later than twelve months after such date, setting      forth the findings of such study.''         Feasibility Study of Social Security Number Validation System      Section 101(e) of Pub. L. 99-603 provided that: ``The Secretary of  Health and Human Services, acting through the Social Security  Administration and in cooperation with the Attorney General and the  Secretary of Labor, shall conduct a study of the feasibility and costs  of establishing a social security number validation system to assist in  carrying out the purposes of section 274A of the Immigration and  Nationality Act [8 U.S.C. 1324a], and of the privacy concerns that would  be raised by the establishment of such a system. The Secretary shall  submit to the Committees on Ways and Means and Judiciary of the House of  Representatives and to the Committees on Finance and Judiciary of the  Senate, within 2 years after the date of the enactment of this Act [Nov.  6, 1986], a full and complete report on the results of the study  together with such recommendations as may be appropriate.''                   Reports on Unauthorized Alien Employment      Section 402 of Pub. L. 99-603 provided that: ``The President shall  transmit to Congress annual reports on the implementation of section  274A of the Immigration and Nationality Act [8 U.S.C. 1324a] (relating  to unlawful employment of aliens) during the first three years after its  implementation. Each report shall include--         ``(1) an analysis of the adequacy of the employment verification      system provided under subsection (b) of that section;         ``(2) a description of the status of the development and      implementation of changes in that system under subsection (d) of      that section, including the results of any demonstration projects      conducted under paragraph (4) of such subsection; and         ``(3) an analysis of the impact of the enforcement of that      section on--             ``(A) the employment, wages, and working conditions of          United States workers and on the economy of the United States,             ``(B) the number of aliens entering the United States          illegally or who fail to maintain legal status after entry, and             ``(C) the violation of terms and conditions of nonimmigrant          visas by foreign visitors.''     [Functions of President under section 402 of Pub. L. 99-603  delegated to Secretary of Homeland Security, except functions in section  402(3)(A) which were delegated to Secretary of Labor, by sections 1(b)  and 2(a) of Ex. Ord. No. 12789, Feb. 10, 1992, 57 F.R. 5225, as amended,  set out as a note under section 1364 of this title.]    Ex. Ord. No. 12989. Economy and Efficiency in Government Procurement      Through Compliance With Certain Immigration and Nationality Act                                 Provisions      Ex. Ord. No. 12989, Feb. 13, 1996, 61 F.R. 6091, as amended by Ex.  Ord. No. 13286, Sec. 19, Feb. 28, 2003, 68 F.R. 10623, provided:     This order is designed to promote economy and efficiency in  Government procurement. Stability and dependability are important  elements of economy and efficiency. A contractor whose work force is  less stable will be less likely to produce goods and services  economically and efficiently than a contractor whose work force is more  stable. It remains the policy of this Administration to enforce the  immigration laws to the fullest extent, including the detection and  deportation of illegal aliens. In these circumstances, contractors  cannot rely on the continuing availability and service of illegal  aliens, and contractors that choose to employ unauthorized aliens  inevitably will have a less stable and less dependable work force than  contractors that do not employ such persons. Because of this  Administration's vigorous enforcement policy, contractors that employ  unauthorized alien workers are necessarily less stable and dependable  procurement sources than contractors that do not hire such persons. I  find, therefore, that adherence to the general policy of not contracting  with providers that knowingly employ unauthorized alien workers will  promote economy and efficiency in Federal procurement.     NOW, THEREFORE, to ensure the economical and efficient  administration and completion of Federal Government contracts, and by  the authority vested in me as President by the Constitution and the laws  of the United States of America, including 40 U.S.C. 486(a) [now 40  U.S.C. 121(a)] and 3 U.S.C. 301, it is hereby ordered as follows:     Section 1. (a) It is the policy of the executive branch in procuring  goods and services that, to ensure the economical and efficient  administration and completion of Federal Government contracts,  contracting agencies should not contract with employers that have not  complied with section 274A(a)(1)(A) and 274A(a)(2) of the Immigration  and Nationality Act (8 U.S.C. 1324a(a)(1)(A), 1324a(a)(2)) (the ``INA  employment provisions'') prohibiting the unlawful employment of aliens.  All discretion under this Executive order shall be exercised consistent  with this policy.     (b) It remains the policy of this Administration to fully and  aggressively enforce the antidiscrimination provisions of the  Immigration and Nationality Act [8 U.S.C. 1101 et seq.] to the fullest  extent. Nothing in this order relieves employers from their obligation  to avoid unfair immigration-related employment practices as required by  the antidiscrimination provisions of section 1324(b) [274B] of the INA  (8 U.S.C. 1324b) and all other antidiscrimination requirements of  applicable law, including the requirements of 8 U.S.C. 1324b(a)(6)  concerning the treatment of certain documentary practices as unfair  immigration-related employment practices.     Sec. 2. Contractor, as used in this Executive order, shall have the  same meaning as defined in subpart 9.4 of the Federal Acquisition  Regulation.     Sec. 3. Using the procedures established pursuant to 8 U.S.C.  1324a(e): (a) the Secretary of Homeland Security may investigate to  determine whether a contractor or an organizational unit thereof is not  in compliance with the INA employment provisions;     (b) the Secretary of Homeland Security shall receive and may  investigate complaints by employees of any entity covered under section  3(a) of this order where such complaints allege noncompliance with the  INA employment provisions; and     (c) the Attorney General shall hold such hearings as are required  under 8 U.S.C. 1324a(e) to determine whether an entity covered under  section 3(a) is not in compliance with the INA employment provisions.     Sec. 4. (a) Whenever the Secretary of Homeland Security or the  Attorney General determines that a contractor or an organizational unit  thereof is not in compliance with the INA employment provisions, the  Secretary of Homeland Security or the Attorney General shall transmit  that determination to the appropriate contracting agency and such other  Federal agencies as the Secretary of Homeland Security or the Attorney  General may determine. Upon receipt of such determination from the  Secretary of Homeland Security or the Attorney General, the head of the  appropriate contracting agency shall consider the contractor or an  organizational unit thereof for debarment as well as for such other  action as may be appropriate in accordance with the procedures and  standards prescribed by the Federal Acquisition Regulation.     (b) The head of the contracting agency may debar the contractor or  an organizational unit thereof based on the determination of the  Secretary of Homeland Security or the Attorney General that it is not in  compliance with the INA employment provisions. Such determination shall  not be reviewable in the debarment proceedings.     (c) The scope of the debarment generally should be limited to those  organizational units of a Federal contractor that the Secretary of  Homeland Security or the Attorney General finds are not in compliance  with the INA employment provisions.     (d) The period of the debarment shall be for 1 year and may be  extended for additional periods of 1 year if, using the procedures  established pursuant to 8 U.S.C. 1324a(e), the Secretary of Homeland  Security or the Attorney General determines that the organizational unit  of the Federal contractor continues to be in violation of the INA  employment provisions.     (e) The Administrator of General Services shall list a debarred  contractor or an organizational unit thereof on the List of Parties  Excluded from Federal Procurement and Nonprocurement Programs and the  contractor or an organizational unit thereof shall be ineligible to  participate in any procurement or nonprocurement activities.     Sec. 5. (a) The Secretary of Homeland Security and Attorney General  shall be responsible for the administration and enforcement of this  order, except for the debarment procedures. The Secretary of Homeland  Security and Attorney General may adopt such additional rules and  regulations and issue such orders as may be deemed necessary and  appropriate to carry out their respective responsibilities under this  order. If the Secretary of Homeland Security or the Attorney General  proposes to issue rules, regulations, or orders that affect the  contracting departments and agencies, the Secretary of Homeland Security  or the Attorney General shall consult with the Secretary of Defense, the  Secretary of Labor, the Administrator of General Services, the  Administrator of the National Aeronautics and Space Administration, the  Administrator for Federal Procurement Policy, and such other agencies as  may be appropriate.     (b) The Secretary of Defense, the Administrator of General Services,  and the Administrator of the National Aeronautics and Space  Administration shall amend the Federal Acquisition Regulation to the  extent necessary and appropriate to implement the debarment  responsibility and other related responsibilities assigned to heads of  contracting departments and agencies under this order.     Sec. 6. Each contracting department and agency shall cooperate with  and provide such information and assistance to the Secretary of Homeland  Security and the Attorney General as may be required in the performance  of their respective functions under this order.     Sec. 7. The Secretary of Homeland Security, the Attorney General,  the Secretary of Defense, the Administrator of General Services, the  Administrator of the National Aeronautics and Space Administration, and  the heads of contracting departments and agencies may delegate any of  their functions or duties under this order to any officer or employee of  their respective agencies.     Sec. 8. This order shall be implemented in a manner intended to  least burden the procurement process. This order neither authorizes nor  requires any additional certification provision, clause, or requirement  to be included in any contract or contract solicitation.     Sec. 9. This order is not intended, and should not be construed, to  create any right or benefit, substantive or procedural, enforceable at  law by a party against the United States, its agencies, its officers, or  its employees. This order is not intended, however, to preclude judicial  review of final agency decisions in accordance with the Administrative  Procedure Act, 5 U.S.C. 701 et seq.  
Updated August 6, 2015