110 STAT. 3009-657 PUBLIC LAW 104-208—SEPT. 30, 1996 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)(l)(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)(l)(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 Attorney General shall specify. The Attorney General 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 Attorney General may permit a person or entity electing— (i) the basic pilot program (described in section 403(a) 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, or (ii) the citizen attestation pilot program (described in 403(b) of this division) or the machine-readabledocument 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) ACCEPTANCE AND REJECTION OF ELECTIONS. — (A) IN GENERAL.— Except as provided in subparagraph (B), the Attorney General shall accept all elections made under subsection (a). (B) REJECTION OF ELECTIONS.— The Attorney General may reject an election by a person or other entity under this section or limit its applicability to certain States or places of hiring (or recruitment or referral) if the Attorney General has determined that there are insufficient
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