E-Verify Modernization Act of 2013

E-Verify Modernization Act of 2013 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make the E-Verify Program permanent and mandatory.

Revises specified Program procedures.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 478 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 478

 To amend the Illegal Immigration Reform and Immigrant Responsibility 
    Act of 1996 (8 U.S.C. 1324a note) to make the E-Verify Program 
    permanent and mandatory, and to provide for certain changes to 
              procedures for participants in the Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 2013

    Mr. Gingrey of Georgia introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
     Committee on Education and the Workforce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Illegal Immigration Reform and Immigrant Responsibility 
    Act of 1996 (8 U.S.C. 1324a note) to make the E-Verify Program 
    permanent and mandatory, and to provide for certain changes to 
              procedures for participants in the Program.

    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 ``E-Verify Modernization Act of 
2013''.

SEC. 2. E-VERIFY MADE PERMANENT AND MANDATORY.

    (a) Made Permanent.--Section 401(b) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
is amended by adding before the period at the end of the last sentence 
the following: ``, except that the E-Verify Program described in 
section 403(a) shall be a permanent program''.
    (b) Made Mandatory.--Section 402 of such Act is amended--
            (1) in subsection (a), by inserting after ``Except as 
        specifically provided in subsection (e)'' the following: ``or 
        subsection (g)''; and
            (2) by adding at the end the following:
    ``(g) Mandatory Participation in the E-Verify Program.--Not later 
than 60 days after the date of enactment of the E-Verify Modernization 
Act of 2013, every person or other entity that hires one or more 
individuals for employment in the United States shall elect to 
participate in the E-Verify program described in section 403(a), and 
shall comply with the terms and conditions of such an election, 
including by verifying through the E-Verify program that each such 
individual is authorized to work in the United States.''.

SEC. 3. PROCEDURES FOR PARTICIPANTS.

    Section 403 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 
1324a note) is amended--
            (1) in subsection (a)(3)(A), by adding at the end the 
        following: ``The person or other entity may wait for 
        confirmation of the individual's identity and work eligibility 
        before beginning to pay or train the individual.'';
            (2) in subsection (a)(3), by adding at the end the 
        following:
                    ``(C) Current employees.--Not later than 14 
                business days after beginning to participate in the 
                program, a person or other entity may use the program 
                to verify the employment authorization of an employee 
                hired prior to the participation in the program only if 
                the person or other entity verifies the employment 
                authorization of every employee hired prior to the 
                participation in the program.''; and
            (3) in subsection (a)(4)(B)(iii), by inserting after 
        ``until a nonconfirmation becomes final'' the following: ``and 
        the individual exhausts any administrative or judicial review 
        if the individual initiates such review.''.
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