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 proce-
dures 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘E-Verify Moderniza-
tion Act of 2013’’. 
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SEC. 2. E-VERIFY MADE PERMANENT AND MANDATORY. 
(a) MADE PERMANENT.—Section 401(b) of the Ille-
gal 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 fol-
lowing: ‘‘, 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 fol-
lowing: ‘‘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 en-
actment 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 partici-
pate 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.’’. 
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SEC. 3. PROCEDURES FOR PARTICIPANTS. 
Section 403 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Pub-
lic 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 par-
ticipate 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 author-
ization of every employee hired prior to the par-
ticipation 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 adminis-
trative or judicial review if the individual initiates 
such review.’’. 
Æ 
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