110 STAT. 3009-667 PUBLIC LAW 104-208—SEPT. 30, 1996
(iii) by striking the period at the end of subclause
(II) and inserting ", and", and
(iv) by adding at the end the following new subclause:
"(III) contains security features to make it
resistant to tampering, counterfeiting, and fraudulent use.";
(2) in subparagraph (C)—
(A) by adding "or" at the end of clause (i),
(B) by striking clause (ii), and
(C) by redesignating clause (iii) as clause (ii); and
(3) by adding at the end the following new subparagraph:
"(E) AUTHORITY TO PROHIBIT USE OF CERTAIN DOCU-
MENTS. —If the Attorney General finds, by regulation, that
any document described in subparagraph (B), (C), or (D)
as establishing employment authorization or identity does
not reliably establish such authorization or identity or is
being used fraudulently to an unacceptable degree, the
Attorney General may prohibit or place conditions on its
use for purposes of this subsection.",
(b) REDUCTION OF PAPERWORK FOR CERTAIN EMPLOYEES. —Section 274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the
end the following new paragraph:
" (6) TREATMENT OF DOCUMENTATION FOR CERTAIN EMPLOY-
EES. —
"(A) IN GENERAL.—For purposes of this section, if—
"(i) an individual is a member of a collectivebargaining unit and is employed, under a collective
bargaining agreement entered into between one or
more employee organizations and an association of two
or more employers, by an employer that is a member
of such association, and
"(ii) within the period specified in subparagraph
(B), another employer that is a member of the association (or an agent of such association on behalf of the
employer) has complied with the requirements of subsection (b) with respect to the employment of the
individual,
the subsequent employer shall be deemed to have complied
with the requirements of subsection (b) with respect to
the hiring of the employee and shall not be liable for
civil penalties described in subsection (e)(5).
"(B) PERIOD.— The period described in this subparagraph is 3 years, or, if less, the period of time that the
individual is authorized to be employed in the United
States.
" (C) LIABILITY.—
"(i) IN GENERAL.—If any employer that is a member
of an association hires for employment in the United
States an individual and relies upon the provisions
of subparagraph (A) to comply with the requirements
of subsection (b) and the individual is an alien not
authorized to work in the United States, then for the
purposes of paragraph (1)(A), subject to clause (ii),
the employer shall be presumed to have known at
the time of hiring or E^terward that the individual
�
