I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘E-Verify Moderniza5 tion Act of 2013’’. 

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

2 (a) MADE PERMANENT.—Section 401(b) of the Ille3 gal Immigration Reform and Immigrant Responsibility 

4 Act of 1996 (8 U.S.C. 1324a note) is amended by adding 

5 before the period at the end of the last sentence the fol6 lowing: ‘‘, except that the E-Verify Program described in 

7 section 403(a) shall be a permanent program’’. 

8 (b) MADE MANDATORY.—Section 402 of such Act is 

9 amended— 

10 (1) in subsection (a), by inserting after ‘‘Except 

11 as specifically provided in subsection (e)’’ the fol12 lowing: ‘‘or subsection (g)’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(g) MANDATORY PARTICIPATION IN THE E-VERIFY

15 PROGRAM.—Not later than 60 days after the date of en16 actment of the E-Verify Modernization Act of 2013, every 

17 person or other entity that hires one or more individuals 

18 for employment in the United States shall elect to partici19 pate in the E-Verify program described in section 403(a), 

20 and shall comply with the terms and conditions of such 

21 an election, including by verifying through the E-Verify 

22 program that each such individual is authorized to work 

23 in the United States.’’. 

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1 SEC. 3. PROCEDURES FOR PARTICIPANTS. 

2 Section 403 of the Illegal Immigration Reform and 

3 Immigrant Responsibility Act of 1996 (division C of Pub4 lic Law 104–208; 8 U.S.C. 1324a note) is amended— 

5 (1) in subsection (a)(3)(A), by adding at the 

6 end the following: ‘‘The person or other entity may 

7 wait for confirmation of the individual’s identity and 

8 work eligibility before beginning to pay or train the 

9 individual.’’; 

10 (2) in subsection (a)(3), by adding at the end 

11 the following: 

12 ‘‘(C) CURRENT EMPLOYEES.—Not later 

13 than 14 business days after beginning to par14 ticipate in the program, a person or other entity 

15 may use the program to verify the employment 

16 authorization of an employee hired prior to the 

17 participation in the program only if the person 

18 or other entity verifies the employment author19 ization of every employee hired prior to the par20 ticipation in the program.’’; and 

21 (3) in subsection (a)(4)(B)(iii), by inserting 

22 after ‘‘until a nonconfirmation becomes final’’ the 

23 following: ‘‘and the individual exhausts any adminis24 trative or judicial review if the individual initiates 

25 such review.’’. 

Æ 

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