[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1953 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1953

 To amend the Illegal Immigration Reform and Immigrant Responsibility 
    Act of 1996 to authorize the establishment of a voluntary legal 
employment authentication program (LEAP) as a successor to the current 
        pilot programs for employment eligibility confirmation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 17, 1999

  Mr. Kerrey introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Illegal Immigration Reform and Immigrant Responsibility 
    Act of 1996 to authorize the establishment of a voluntary legal 
employment authentication program (LEAP) as a successor to the current 
        pilot programs for employment eligibility confirmation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Legal Employment Authentication 
Program (LEAP) Act of 1999''.

SEC. 2. AUTHORIZING LEGAL EMPLOYMENT AUTHENTICATION PROGRAM (LEAP) AS A 
              SUCCESSOR TO CURRENT PILOT PROGRAMS.

    (a) Establishment of Legal Employment Authentication Program 
(LEAP).--Subtitle A of title IV of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208) 
is amended to read as follows:

   ``Subtitle A--Legal Employment Authentication Program (LEAP) for 
                  Employment Eligibility Confirmation

``SEC. 401. ESTABLISHMENT OF PROGRAM.

    ``(a) In General.--The Attorney General, in close consultation with 
the Secretary of Labor and the Commissioner of Social Security, shall 
establish a legal employment authentication program for employment 
eligibility confirmation under this subtitle.
    ``(b) Implementation.--The Attorney General shall implement such 
program 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 Legal Employment 
Authentication Program (LEAP) Act of 1999.
    ``(c) References in Subtitle.--In this subtitle--
            ``(1) Program and leap references.--The terms `program' and 
        `LEAP' refer to the legal employment authentication program 
        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.
            ``(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 Attorney General 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.

``SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN THE PROGRAM.

    ``(a) Voluntary Election.--Subject to subsection (c)(3)(B), any 
person or other entity that conducts any hiring (or recruitment or 
referral) may elect to participate in the program. Except as 
specifically provided in subsection (e), the Attorney General may not 
require any person or other entity to participate in the program.
    ``(b) Benefit of Rebuttable Presumption.--
            ``(1) In general.--If a person or other entity is 
        participating in the 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 Attorney General shall specify. 
        The Attorney General may not impose any fee as a condition of 
        making an election or participating in the program.
            ``(2) Scope of election.--Any electing person or the entity 
        may provide that the election under subsection (a) shall apply 
        (during the period in which the election is in effect)--
                    ``(A) to all its hiring (and all recruitment or 
                referral); or
                    ``(B) to its hiring (or recruitment and referral) 
                in one or more places of hiring (or recruitment or 
                referral, as the case may be).
            ``(3) Acceptance of elections.--The Attorney General shall 
        accept all elections made under subsection (a).
            ``(4) Termination of elections.--The Attorney General 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 program. A person or 
        other entity may terminate an election in such form and manner 
        as the Attorney General shall specify.
    ``(d) Consultation, Education, and Publicity.--
            ``(1) Consultation.--The Attorney General, the Secretary of 
        Labor, and the Commissioner of Social Security shall closely 
        consult with representatives of employers (and recruiters and 
        referrers) in the development and implementation of the 
        program, including the education of employers (and recruiters 
        and referrers) about such programs.
            ``(2) Publicity.--The Attorney General shall widely 
        publicize the election process and program, including the 
        voluntary nature of the program and the advantages to employers 
        (and recruiters and referrers) of making an election under this 
        section.
            ``(3) Assistance through district offices.--The Attorney 
        General shall designate one or more individuals in each 
        District office of the Immigration and Naturalization Service 
        for a Service District in which the program is being 
        implemented--
                    ``(A) to inform persons and other entities that 
                seek information about the program of the voluntary 
                nature of such programs, and
                    ``(B) to assist persons and other entities in 
                electing and participating in the program 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 the Program.--
            ``(1) Federal government and independent agencies.--
                    ``(A) Executive departments.--
                            ``(i) In general.--Each Department and 
                        independent agency of the Federal Government 
                        shall elect to participate in the 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 and head 
                        of each such independent agency may limit the 
                        election to hiring occurring in certain areas 
                        and in specified divisions within the 
                        Department or agency in the same manner as is 
                        permitted under subsection (c)(2).
                            ``(iii) Role of attorney general.--The 
                        Attorney General 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 and 
                                independent agency is covered under the 
                                program, and
                                    ``(II) there is significant 
                                participation by the Federal Executive 
                                branch in the program.
                    ``(B) Legislative branch.--Each Member of Congress, 
                each officer of Congress, and the head of each agency 
                of the legislative branch, that conducts hiring shall 
                elect to participate in the program and 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 may require the subject of the order to 
        participate in, and comply with the terms of, the program with 
        respect to the subject's hiring (or recruitment or referral) of 
        individuals in a State covered by the program.
            ``(3) Consequence of failure to participate.--If a person 
        or other entity is required under this subsection to 
        participate in the 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 Attorney General under any other law (including section 
274A(d)(4)) to conduct demonstration projects in relation to section 
274A.

``SEC. 403. PROCEDURES FOR PARTICIPANTS IN THE PROGRAM.

    ``(a) In General.--A person or other entity that elects to 
participate in the program 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 Attorney General 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 Attorney General as suitable for the 
                        purpose of identification in the 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 Attorney General finds that the 
                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 fraudulently using 
                        the social security account number 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 
                Attorney General 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.--Subject to subparagraph (C), 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 Attorney General) 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.
                    ``(C) Permitting 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 section 274A(b)(1)(D)(i) that includes a 
                machine-readable social security account number, the 
                person or entity may make an inquiry through the 
                confirmation system by using a machine-readable feature 
                of such document.
                    ``(D) Limited disclosure.--The confirmation system 
                shall disclose to the person or entity making the 
                inquiry only a confirmation or nonconfirmation of the 
                individual's eligibility to be employed and shall not 
                disclose any social security account number or any 
                other social security account information.
                    ``(E) Use of electronic inquiry system.--The 
                confirmation system shall permit, not later than 2 
                years after the date of the enactment of this 
                subparagraph, for inquiries to be made, and 
                confirmation and nonconfirmation to be made 
                transmitted, through electronic media (such as a modem 
                or telephone).
            ``(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 Attorney General of such fact through the 
                        confirmation system or in such other manner as 
                        the Attorney General 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) Protection From Liability for Actions Taken on the Basis of 
Information Provided by the Confirmation System.--No person or entity 
participating in the 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 Attorney General, in cooperation with the 
Secretary of Labor and the Commissioner of Social Security, shall 
establish the program confirmation system through which the Attorney 
General (or a designee of the Attorney General, which may be a 
nongovernmental entity)--
            ``(1) responds to inquiries made by electing persons and 
        other entities 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 program.
To the extent practicable, the Attorney General 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 Attorney 
General shall specify, in consultation with the Commissioner of Social 
Security, Secretary of Labor, 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;
                    ``(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; or
                    ``(D) the authority of the Immigration and 
                Naturalization Service to impose a civil money penalty 
                of not less than $500 and no more than $1,000 for each 
                individual with respect to whom such a violation 
                occurred.
    ``(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, whether the individual has 
presented a social security account number that is not valid for 
employment, and whether the individual is fraudulently using the social 
security account number of another person. The Commissioner shall not 
disclose or release social security information (other than such 
confirmation or nonconfirmation), except that if an officer or employee 
in connection with conducting activities under the program discovers 
evidence of criminal activity, the officer or employee may report such 
activity to authorized law enforcement officials.
    ``(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, whether the alien is authorized 
to be employed in the United States, and whether the individual is 
fraudulently using the social security account number of another 
person.
    ``(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 the 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.
    ``(i) Authorization.--The Attorney General shall enter into a 
cooperative agreement with the Secretary of Labor and the Commissioner 
of Social Security for the purpose of carrying out this subtitle. Under 
the agreement, officers and employees of the Immigration and 
Naturalization Service and of the Department of Labor, in cooperation 
with the Social Security Administration, are authorized to confirm the 
eligibility of individuals to be employed in the United States. In 
confirming such eligibility, such officers and employees may use 
records that include Social Security account numbers to determine with 
respect to an individual whether the person with the identity claimed 
by the individual is authorized to be employed in the United States and 
whether the individual is fraudulently using the social security 
account number of another person. Under the agreement, the Social 
Security Administration is authorized to release to employees of the 
Immigration and Naturalization Service information, including (but not 
limited to) the following:
            ``(1) The name, date of birth, and social security account 
        number of individuals.
            ``(2) All records relating to any alien.
            ``(3) All records relating to any individual whom the 
        Attorney General suspects is fraudulently using the social 
        security account number of another person, including records 
        that indicate that an individual has requested a high number of 
        replacement social security account number cards.

``SEC. 405. ANNUAL REPORTS.

    ``The Attorney General shall submit to the Committees on the 
Judiciary of the House of Representatives and of the Senate reports on 
the program. Such reports shall--
            ``(1) assess the degree of fraudulent attesting of United 
        States citizenship,
            ``(2) include recommendations on whether or not the program 
        should be modified, and
            ``(3) assess the benefits of the program to employers and 
        the degree to which they assist in the enforcement of section 
        274A.

``SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated, for fiscal year 2000 and 
each succeeding fiscal year, such sums as may be necessary to carry out 
this subtitle.''.
    (b) Clerical Amendment.--The items in the table of contents in 
section 1(d) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208) relating 
to subtitle A of title IV are amended to read as follows:

   ``Subtitle A--Legal Employment Authentication Program (LEAP) for 
                  Employment Eligibility Confirmation

``Sec. 401. Establishment of program.
``Sec. 402. Voluntary election to participate in the program.
``Sec. 403. Procedures for participants in the program.
``Sec. 404. Employment eligibility confirmation system.
``Sec. 405. Annual reports.
``Sec. 406. Authorization of appropriations.''.
    (c) Sunset of Current Citizen Attestation and Machine-Readable-
Document Pilot Programs.--The pilot programs under subsections (b) and 
(c) of section 403 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208) (as in 
effect before the date of the enactment of this Act) shall terminate 
when the program under section 404(a) of such Act (as amended by this 
Act) becomes effective and any reference in such subsections to a pilot 
program under subsection (a) shall be to such program as in effect 
before the date of the enactment of this Act.
                                 <all>