8 U.S.C. 1324a(b)rewrittenby H.R. 251 Sec. 2(a)
(b) Employment eligibility verification process.—(1) New hires, recruitment, and referral.— The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the following:(A) Attestation after examination of documentation.—(i) Attestation.— During the verification period (as defined in subparagraph (E)), the person or entity shall attest, under penalty of perjury and on a form, including electronic and telephonic formats, designated or established by the Secretary by regulation not later than 6 months after the date of the enactment of the Legal Workforce Act, that it has verified that the individual is not an unauthorized alien by—(I) obtaining from the individual the individual’s social security account number or United States passport number and recording the number on the form (if the individual claims to have been issued such a number), and, if the individual does not attest to United States nationality under subparagraph (B), obtaining such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary of Homeland Security may specify, and recording such number on the form; and(II) examining—(aa) a document relating to the individual presenting it described in clause (ii); or(bb) a document relating to the individual presenting it described in clause (iii) and a document relating to the individual presenting it described in clause (iv).(ii) Documents evidencing employment authorization and establishing identity.— A document described in this subparagraph is an individual’s—(I) unexpired United States passport or passport card;(II) unexpired permanent resident card that contains a photograph;(III) unexpired employment authorization card that contains a photograph;(IV) in the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I–94 or Form I–94A, or other documentation as designated by the Secretary specifying the alien’s nonimmigrant status as long as the period of status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation;(V) passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I–94 or Form I–94A, or other documentation as designated by the Secretary, indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI; or(VI) other document designated by the Secretary of Homeland Security, if the document—(aa) contains a photograph of the individual and biometric identification data from the individual and such other personal identifying information relating to the individual as the Secretary of Homeland Security finds, by regulation, sufficient for purposes of this clause;(bb) is evidence of authorization of employment in the United States; and(cc) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.(iii) Documents evidencing employment authorization.— A document described in this subparagraph is an individual's 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).(iv) Documents establishing identity of individual.— A document described in this subparagraph is—(I) an individual's unexpired State issued driver’s license or identification card if it contains a photograph and information such as name, date of birth, gender, height, eye color, and address;(II) an individual's unexpired U.S. military identification card;(III) an individual's unexpired Native American tribal identification document issued by a tribal entity recognized by the Bureau of Indian Affairs; or(IV) in the case of an individual under 18 years of age, a parent or legal guardian’s attestation under penalty of law as to the identity and age of the individual.(v) Authority to prohibit use of certain documents.— If the Secretary of Homeland Security finds, by regulation, that any document described in clause (i), (ii), or (iii) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Secretary may prohibit or place conditions on its use for purposes of this paragraph.(vi) Signature.— Such attestation may be manifested by either a handwritten or electronic signature.(B) Individual attestation of employment authorization.— During the verification period (as defined in subparagraph (E)), the individual shall attest, under penalty of perjury on the form designated or established for purposes of subparagraph (A), 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 Act or by the Secretary of Homeland Security to be hired, recruited, or referred for such employment. Such attestation may be manifested by either a handwritten or electronic signature. The individual shall also provide that individual’s social security account number or United States passport number (if the individual claims to have been issued such a number), and, if the individual does not attest to United States nationality under this subparagraph, such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary may specify.(C) Retention of verification form and verification.—(i) In general.— After completion of such form in accordance with subparagraphs (A) and (B), the person or entity shall—(I) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of
The bill says: Section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)) is amended to read as follows:
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(h)added (4)by H.R. 251 Sec. 2(b)
(4) Definition of date of hire.— As used in this section, the term date of hire means the date of actual commencement of employment for wages or other remuneration, unless otherwise specified.
The bill says: Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the following:
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(d)rewrittenby H.R. 251 Sec. 3
(d) Employment eligibility verification system.—(1) In general.— Patterned on the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security shall establish and administer a verification system through which the Secretary (or a designee of the Secretary, which may be a nongovernmental entity)—(A) responds to inquiries made by persons at any time through a toll-free telephone line and other toll-free electronic media concerning an individual’s identity and whether the individual is authorized to be employed; and(B) maintains records of the inquiries that were made, of verifications provided (or not provided), and of the codes provided to inquirers as evidence of their compliance with their obligations under this section.(2) Initial response.— The verification 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 verification system shall provide an appropriate code indicating such confirmation or such nonconfirmation.(3) Secondary confirmation process in case of tentative nonconfirmation.— In cases of tentative nonconfirmation, the Secretary shall specify, in consultation with the Commissioner of Social Security, an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation not later than 10 working days after the date on which the notice of the tentative nonconfirmation is received by the employee. The Secretary, in consultation with the Commissioner, may extend this deadline once on a case-by-case basis for a period of 10 working days, and if the time is extended, shall document such extension within the verification system. The Secretary, in consultation with the Commissioner, shall notify the employee and employer of such extension. The Secretary, in consultation with the Commissioner, shall create a standard process of such extension and notification and shall make a description of such process available to the public. When final confirmation or nonconfirmation is provided, the verification system shall provide an appropriate code indicating such confirmation or nonconfirmation.(4) Design and operation of system.— The verification system shall be designed and operated—(A) to maximize its reliability and ease of use by persons and other entities consistent with insulating and protecting the privacy and security of the underlying information;(B) 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;(C) with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information;(D) to have reasonable safeguards against the system’s resulting in unlawful discriminatory practices based on national origin or citizenship status, including—(i) the selective or unauthorized use of the system to verify eligibility; or(ii) 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) to maximize the prevention of identity theft use in the system; and(F) to limit the subjects of verification to the following individuals:(i) Individuals hired, referred, or recruited, in accordance with paragraph (1) or (4) of subsection (b).(ii) Employees and prospective employees, in accordance with paragraph (1), (2), (3), or (4) of subsection (b).(iii) Individuals seeking to confirm their own employment eligibility on a voluntary basis.(5) Responsibilities of Commissioner of Social Security.— As part of the verification system, the Commissioner of Social Security, in consultation with the Secretary of Homeland Security (and any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under paragraphs (2) and (3), compares the name and social security account number provided in an inquiry against such information maintained by the Commissioner in order to validate (or not validate) 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) under the verification system except as provided for in this section or section 205(c)(2)(I) of the Social Security Act.(6) Responsibilities of Secretary of Homeland Security.— As part of the verification system, the Secretary of Homeland Security (in consultation with any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under paragraphs (2) and (3), compares the name and alien identification or authorization number (or any other information as determined relevant by the Secretary) which are provided in an inquiry against such information maintained or accessed by the Secretary in order to validate (or not validate) the information provided, the correspondence of the name and number, whether the alien is authorized to be employed in the United States, or to the extent that the Secretary determines to be feasible and appropriate, whether the records available to the Secretary verify the identity or status of a national of the United States.(7) Updating information.— The Commissioner of Soci
The bill says: Section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)) is amended to read as follows:
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(a)(1)(A)changedby H.R. 251 Sec. 4(a)
(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)) with respect to such employment, or
The bill says: in paragraph (1)(A), by striking "for a fee";
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(a)(1)rewrittenby H.R. 251 Sec. 4(a)
The bill says: in paragraph (1), by amending subparagraph (B) to read as follows:
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(a)(2)changedby H.R. 251 Sec. 4(a)
(2) Continuing employment. It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1),after complying 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.
The bill says: in paragraph (2), by striking "after hiring an alien for employment in accordance with paragraph (1)," and inserting "after complying with paragraph (1),".
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(a)(3)rewrittenby H.R. 251 Sec. 5
(3) Good faith defense.—(A) Defense.— An employer (or person or entity that hires, employs, recruits, or refers (as defined in subsection (h)(5)), or is otherwise obligated to comply with this section) who establishes that it has complied in good faith with the requirements of subsection (b)—(i) shall not be liable to a job applicant, an employee, the Federal Government, or a State or local government, under Federal, State, or local criminal or civil law for any employment-related action taken with respect to a job applicant or employee in good-faith reliance on information provided through the system established under subsection (d); and(ii) has established compliance with its obligations under subparagraphs (A) and (B) of paragraph (1) and subsection (b) absent a showing by the Secretary of Homeland Security, by clear and convincing evidence, that the employer had knowledge that an employee is an unauthorized alien.(B) Mitigation element.— For purposes of subparagraph (A)(i), if an employer proves by a preponderance of the evidence that the employer uses a reasonable, secure, and established technology to authenticate the identity of the new employee, that fact shall be taken into account for purposes of determining good faith use of the system established under subsection (d).(C) Failure to seek and obtain verification.— Subject to the effective dates and other deadlines applicable under subsection (b), in the case of a person or entity in the United States that hires, or continues to employ, an individual, or recruits or refers an individual for employment, the following requirements apply:(i) Failure to seek verification.—(I) In general.— If the person or entity has not made an inquiry, under the mechanism established under subsection (d) and in accordance with the timeframes established under subsection (b), seeking verification of the identity and work eligibility of the individual, the defense under subparagraph (A) shall not be considered to apply with respect to any employment, except as provided in subclause (II).(II) Special rule for failure of verification mechanism.— If such a person or entity in good faith attempts to make an inquiry in order to qualify for the defense under subparagraph (A) and the verification mechanism has registered that not all inquiries were responded to during the relevant time, the person or entity can make an inquiry until the end of the first subsequent working day in which the verification mechanism registers no nonresponses and qualify for such defense.(ii) Failure to obtain verification.— If the person or entity has made the inquiry described in clause (i)(I) but has not received an appropriate verification of such identity and work eligibility under such mechanism within the time period specified under subsection (d)(2) after the time the verification inquiry was received, the defense under subparagraph (A) shall not be considered to apply with respect to any employment after the end of such time period.
The bill says: Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(3)) is amended to read as follows:
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(h)(2)rewrittenby H.R. 251 Sec. 6
(2) Preemption.—(A) Single, national policy.— The provisions of this section preempt any State or local law, ordinance, policy, or rule, including any criminal or civil fine or penalty structure, insofar as they may now or hereafter relate to the hiring, continued employment, or status verification for employment eligibility purposes, of unauthorized aliens.(B) State enforcement of Federal law.—(i) Business licensing.— A State, locality, municipality, or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the verification system described in subsection (d) to verify employment eligibility when and as required under subsection (b).(ii) General rules.— A State, at its own cost, may enforce the provisions of this section, but only insofar as such State follows the Federal regulations implementing this section, applies the Federal penalty structure set out in this section, and complies with all Federal rules and guidance concerning implementation of this section. Such State may collect any fines assessed under this section. An employer may not be subject to enforcement, including audit and investigation, by both a Federal agency and a State for the same violation under this section. Whichever entity, the Federal agency or the State, is first to initiate the enforcement action, has the right of first refusal to proceed with the enforcement action. The Secretary must provide copies of all guidance, training, and field instructions provided to Federal officials implementing the provisions of this section to each State.
The bill says: Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(2)) is amended to read as follows:
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324arepealedby H.R. 251 Sec. 7(a)
The bill says: Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is repealed.
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(e)(1)changedby H.R. 251 Sec. 8(1)
(1) Complaints and investigations. The Attorney GeneralSecretary of Homeland Security shall establish procedures— (A) for individuals and entities to file written, signed complaints respecting potential violations of subsection (a) or (g)(1), (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) as the Attorney GeneralSecretary of Homeland Security 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) under this subsection.
The bill says: by striking "Attorney General" each place such term appears and inserting "Secretary of Homeland Security"; and
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(e)(1)(D)changedby H.R. 251 Sec. 8(1)
(D) for the designation in the ServiceDepartment of Homeland Security of a unit which has, as its primary duty, the prosecution of cases of violations of subsection (a) or (g)(1) under this subsection.
The bill says: in subparagraph (D), by striking "Service" and inserting "Department of Homeland Security";
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(e)(4)(A)changedby H.R. 251 Sec. 8(2)
(A) shall require the person or entity to cease and desist from such violations and to pay a civil penalty in an amount , subject to paragraph (10), 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
The bill says: in subparagraph (A), in the matter before clause (i), by inserting ", subject to paragraph (10)," after "in an amount";
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(e)(4)(A)(i)changedby H.R. 251 Sec. 8(2)
(i) not less than $250 and not more than $2,000not less than $2,500 and not more than $5,000 for each unauthorized alien with respect to whom a violation of either such subsection occurred,
The bill says: in subparagraph (A)(i), by striking "not less than $250 and not more than $2,000" and inserting "not less than $2,500 and not more than $5,000";
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(e)(4)(A)(ii)changedby H.R. 251 Sec. 8(2)
(ii) not less than $2,000 and not more than $5,000not less than $5,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to one order under this paragraph, or
The bill says: in subparagraph (A)(ii), by striking "not less than $2,000 and not more than $5,000" and inserting "not less than $5,000 and not more than $10,000";
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(e)(4)(A)(iii)changedby H.R. 251 Sec. 8(2)
(iii) not less than $3,000 and not more than $10,000not less than $10,000 and not more than $25,000 for each such alien in the case of a person or entity previously subject to more than one order under this paragraph; and
The bill says: in subparagraph (A)(iii), by striking "not less than $3,000 and not more than $10,000" and inserting "not less than $10,000 and not more than $25,000"; and
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(e)(4)rewrittenby H.R. 251 Sec. 8(2)
The bill says: by moving the margin of the continuation text following subparagraph (B) two ems to the left and by amending subparagraph (B) to read as follows:
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(e)(5)changedby H.R. 251 Sec. 8(3)
(5) Order for civil money penalty for paperwork violations. With respect to a violation of subsection (a)(1)(B), the order under this subsection shall require the person or entity to pay a civil penalty in an amount , subject to paragraphs (10) through (12), 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.
The bill says: by inserting ", subject to paragraphs (10) through (12)," after "in an amount";
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(e)(5)changedby H.R. 251 Sec. 8(3)
(5) Order for civil money penalty for paperwork violations. With respect to a violation of subsection (a)(1)(B), the order under this subsection shall require the person or entity to pay a civil penalty in an amount of not less than $100$1,000 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.
The bill says: by striking "$100" and inserting "$1,000";
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(e)(5)changedby H.R. 251 Sec. 8(3)
(5) Order for civil money penalty for paperwork violations. With respect to a violation of subsection (a)(1)(B), 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$25,000 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.
The bill says: by striking "$1,000" and inserting "$25,000"; and
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324a(e)(5)addedby H.R. 251 Sec. 8(3)
The bill says: by adding at the end the following: "Failure by a person or entity to utilize the employment eligibility verification system as required by law, or providing information to the system that the person or entity knows or reasonably believes to be false, shall be treated as a violation of subsection (a)(1)(A).";
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324aadded (10)by H.R. 251 Sec. 8(4)
(10) Exemption from penalty for good faith violation.— In the case of imposition of a civil penalty under paragraph (4)(A) with respect to a violation of subsection (a)(1)(A) or (a)(2) for hiring or continuation of employment or recruitment or referral by person or entity and in the case of imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring or recruitment or referral by a person or entity, the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith.(11) Mitigation element.— For purposes of paragraph (4), the size of the business shall be taken into account when assessing the level of civil money penalty.(12) Authority to debar employers for certain violations.—(A) In general.— If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, such person or entity may be considered for debarment from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation.(B) Does not have contract, grant, agreement.— If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such a person or entity does not hold a Federal contract, grant, or cooperative agreement, the Secretary or Attorney General shall refer the matter to the Administrator of General Services to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope.(C) Has contract, grant, agreement.— If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such person or entity holds a Federal contract, grant, or cooperative agreement, the Secretary or Attorney General shall advise all agencies or departments holding a contract, grant, or cooperative agreement with the person or entity of the Government’s interest in having the person or entity considered for debarment, and after soliciting and considering the views of all such agencies and departments, the Secretary or Attorney General may refer the matter to any appropriate lead agency to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope.(D) Review.— Any decision to debar a person or entity in accordance with this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation.(13) Office for State and local government complaints.— The Secretary of Homeland Security shall establish an office—(A) to which State and local government agencies may submit information indicating potential violations of subsection (a), (b), or (g)(1) that were generated in the normal course of law enforcement or the normal course of other official activities in the State or locality;(B) that is required to indicate to the complaining State or local agency within five business days of the filing of such a complaint by identifying whether the Secretary will further investigate the information provided;(C) that is required to investigate those complaints filed by State or local government agencies that, on their face, have a substantial probability of validity;(D) that is required to notify the complaining State or local agency of the results of any such investigation conducted; and(E) that is required to report to the Congress annually the number of complaints received under this paragraph, the States and localities that filed such complaints, and the resolution of the complaints investigated by the Secretary.
The bill says: by adding at the end of subsection (e) the following:
Bill text · Current law (8 U.S.C. 1324a)
8 U.S.C. 1324arewrittenby H.R. 251 Sec. 8(5)
The bill says: by amending paragraph (1) of subsection (f) to read as follows:
Bill text · Current law (8 U.S.C. 1324a)
18 U.S.C. 1546(b)(1)changedby H.R. 251 Sec. 9(1)
(1) an identification document,identification document or document meant to establish work authorization (including the documents described in section 274A(b) of the Immigration and Nationality Act), knowing (or having reason to know) that the document was not issued lawfully for the use of the possessor,
The bill says: in paragraph (1), by striking "identification document," and inserting "identification document or document meant to establish work authorization (including the documents described in section 274A(b) of the Immigration and Nationality Act),"; and
Bill text · Current law (18 U.S.C. 1546)
18 U.S.C. 1546(b)(2)changedby H.R. 251 Sec. 9(2)
(2) an identification documentidentification document or document meant to establish work authorization (including the documents described in section 274A(b) of the Immigration and Nationality Act), knowing (or having reason to know) that the document is false, or
The bill says: in paragraph (2), by striking "identification document" and inserting "identification document or document meant to establish work authorization (including the documents described in section 274A(b) of the Immigration and Nationality Act),".
Bill text · Current law (18 U.S.C. 1546)