Section 1 Short title
This Act may be cited as the “E-Verify Modernization Act of 2013”.
E-Verify Modernization Act of 2013
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.
Sec. 2 E-verify made permanent and mandatory
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”.
Made mandatory— Section 402 of such Act is amended—
in subsection (a), by inserting after “Except as specifically provided in subsection (e)” the following: “or subsection (g)”; and
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—
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.”;
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.”
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.”.