Border Security, Economic Opportunity, and Immigration Modernization Act. S744 (2013)
This is the online Law and Software edition of the Border Security, Economic Opportunity, and
Immigration Modernization Act. Senate Bill SB744 — the "Gang of Eight" proposals for immigration reform.
If you find this resource useful, please share it with others who want to #readthebill.
This latest update includes
the Sponsors' Amendment to the bill
and the Title I amendments that were passed on 5/9/13 to the Senate Judiciary Committee Executive Committee.
The amendment updates are
unofficial and may merge/order differently. Page numbers in this index refer to the
Sponsors' Amendment.
Use of bold/italic and colors are to help show what has changed and what is being updated.
There is a version of this page that has a
roadmap to all of the proposed amendments.
The raw Sponsors' Amendment is still available
here.
and the original bill
there.
[this section] Sec. 1. Short Title; Table of Contents.
07.01 Sec. 2. Statement of congressional findings.
09.03 Sec. 3. Effective date triggers.
[+ Grassley1 Leahy4]
14.09 Sec. 4. Southern Border Security Commission.
[+ Grassley1]
19.01 Sec. 5. Comprehensive Southern Border Security Strategy and Southern Border Fencing Strategy.
[+ Flake2 Grassley1 Grassley2 Leahy4]
25.01 Sec. 6. Comprehensive Immigration Reform Trust Fund.
[+ Grassley1 Grassley5 Sessions36 Leahy4 (NB S36 and L4 conflict)]
32.08 Sec. 7. Reference to the Immigration and Nationality Act.
32.16 Sec. 8. Definitions.
NEW.. Sec. 9. Grant Accountability. [+Grassley24]
TITLE I—BORDER SECURITY
33.02 Sec. 1101. Definitions.
33.19 Sec. 1102. Additional U.S. Customs and Border Protection officers.
35.06 Sec. 1103. National Guard support to secure the Southern border.
37.14 Sec. 1104. Enhancement of existing border security operations.
[+Feinstein2 Feinstein7 Feinstein10]
41.07 Sec. 1105. Border security on certain Federal land.
44.04 Sec. 1106. Equipment and technology.
[+ Feinstein8]
45.03 Sec. 1107. Access to emergency personnel.
48.15 Sec. 1108. Southwest Border Region Prosecution Initiative.
[+Blumenthal10 Feinstein9]
49.03 Sec. 1109. Interagency collaboration.
49.16 Sec. 1110. SCAAP reauthorization.
[+ Feinstein1]
49.19 Sec. 1111. Use of force.
50.17 Sec. 1112. Training for border security and immigration enforcement officers.
[+ Feinstein6]
52.15 Sec. 1113. Department of Homeland Security Border Oversight Task Force.
[+ Flake1]
57.21 Sec. 1114. Immigration ombudsman.
[+ Hirono24]
NEW.. Sec. 1115. Protection of Family Values in Apprehension Programs. [+ Hirono23]
59.05 Sec. 1116. Reports.
[+ Grassley2 Sessions36]
60.11 Sec. 1117. Severability
and Delegation.
NEW.. Sec. 1118. Human Trafficking Reporting.
[+ Cornyn6]
NEW.. Sec. 1119. Prohibition on Land Border Crossing Fees. [+ Leahy1]
NEW.. Sec. 1120. Rule of Construction. [+ Leahy4]
TITLE II—IMMIGRANT VISAS
Subtitle A—Registration and Adjustment of Registered Provisional Immigrants
61.05 Sec. 2101. Registered provisional immigrant status.
96.01 Sec. 2102. Adjustment of status of registered provisional immigrants.
112.16 Sec. 2103. The DREAM Act.
120.06 Sec. 2104. Additional requirements.
133.01 Sec. 2105. Criminal penalty.
133.20 Sec. 2106. Grant program to assist eligible applicants.
136.18 Sec. 2107. Conforming amendments to the Social Security Act.
144.15 Sec. 2108. Government contracting and acquisition of real property interest.
146.21 Sec. 2109. Long-term legal residents of the Commonwealth of the Northern Mariana Islands.
151.03 Sec. 2110. Rulemaking.
152.23 Sec. 2111. Statutory construction.
Subtitle B—Agricultural Worker Program
153.07 Sec. 2201. Short title.
153.10 Sec. 2202. Definitions.
CHAPTER 1—PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
SUBCHAPTER A—BLUE CARD STATUS
155.05 Sec. 2211. Requirements for blue card status.
177.16 Sec. 2212. Adjustment to permanent resident status.
189.13 Sec. 2213. Use of information.
189.21 Sec. 2214. Reports on blue cards.
190.13 Sec. 2215. Authorization of appropriations.
SUBCHAPTER B—CORRECTION OF SOCIAL SECURITY RECORDS
190.21 Sec. 2221. Correction of social security records.
CHAPTER 2—NONIMMIGRANT AGRICULTURAL VISA PROGRAM
191.20 Sec. 2231. Nonimmigrant classification for nonimmigrant agricultural workers.
193.01 Sec. 2232. Establishment of nonimmigrant agricultural worker program.
254.18 Sec. 2233. Transition of H-2A Worker Program.
256.01 Sec. 2234. Reports to Congress on nonimmigrant agricultural workers.
CHAPTER 3—OTHER PROVISIONS
257.02 Sec. 2241. Rulemaking.
257.14 Sec. 2242. Reports to Congress.
257.21 Sec. 2243. Effective date.
Subtitle C—Future Immigration
258.04 Sec. 2301. Merit-based points track one.
271.19 Sec. 2302. Merit-based track two.
276.10 Sec. 2303. Repeal of the diversity visa program.
278.01 Sec. 2304. World-wide levels and recapture of unused immigrant visas.
282.01 Sec. 2305. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives.
307.14 Sec. 2306. Numerical limitations on individual foreign states.
309.13 Sec. 2307. Allocation of immigrant visas.
327.01 Sec. 2308. V nonimmigrant visas.
330.22 Sec. 2309. Fiancée and fiancé child status protection.
335.12 Sec. 2310. Equal treatment for all stepchildren.
335.16 Sec. 2311. Modification of adoption age requirements.
336.17 Sec. 2312. Relief for orphans, widows, and widowers.
341.12 Sec. 2313. Discretionary authority with respect to removal, deportation or inadmissibility of citizen and resident immediate family members.
344.21 Sec. 2314. Waivers of inadmissibility.
349.04 Sec. 2315. Continuous presence.
349.15 Sec. 2316. Global health care cooperation.
357.10 Sec. 2317. Extension and improvement of the Iraqi special immigrant visa program.
364.05 Sec. 2318. Extension and improvement of the Afghan special immigrant visa program.
372.06 Sec. 2319. Elimination of sunsets for certain visa programs.
Subtitle D—Conrad State 30 and Physician Access
372.20 Sec. 2401. Conrad State 30 Program.
373.01 Sec. 2402. Retaining physicians who have practiced in medically underserved communities.
374.07 Sec. 2403. Employment protections for physicians.
378.09 Sec. 2404. Allotment of Conrad 30 waivers.
381.01 Sec. 2405. Amendments to the procedures, definitions, and other provisions related to physician immigration.
Subtitle E—Integration
383.04 Sec. 2501. Definitions.
CHAPTER 1—CITIZENSHIP AND NEW AMERICANS
SUBCHAPTER A—OFFICE OF CITIZENSHIP AND NEW AMERICANS
385.05 Sec. 2511. Office of Citizenship and New Americans.
SUBCHAPTER B—TASK FORCE ON NEW AMERICANS
389.17 Sec. 2521. Establishment.
389.23 Sec. 2522. Purpose.
390.08 Sec. 2523. Membership.
391.13 Sec. 2524. Functions.
CHAPTER 2—PUBLIC-PRIVATE PARTNERSHIP
393.12 Sec. 2531. Establishment of United States Citizenship Foundation.
393.19 Sec. 2532. Funding.
394.10 Sec. 2533. Purposes.
394.20 Sec. 2534. Authorized activities.
396.01 Sec. 2535. Council of directors.
396.18 Sec. 2536. Powers.
397.11 Sec. 2537. Initial Entry, Adjustment, and Citizenship Assistance Grant Program.
399.09 Sec. 2538. Pilot program to promote immigrant integration at State and local levels.
404.09 Sec. 2539. Naturalization ceremonies.
CHAPTER 3—FUNDING
405.02 Sec. 2541. Authorization of appropriations.
CHAPTER 4—REDUCE BARRIERS TO NATURALIZATION
406.03 Sec. 2551. Waiver of English requirement for senior new Americans.
407.18 Sec. 2552. Filing of applications not requiring regular internet access.
[+ Grassley2]
TITLE III—INTERIOR ENFORCEMENT
Subtitle A—Employment Verification System
409.17 Sec. 3101. Unlawful employment of unauthorized aliens.
520.20 Sec. 3102. Increasing security and integrity of social security cards.
526.03 Sec. 3103. Increasing security and integrity of immigration documents.
526.11 Sec. 3104. Responsibilities of the Social Security Administration.
528.05 Sec. 3105. Improved prohibition on discrimination based on national origin or citizenship status.
535.20 Sec. 3106. Rulemaking.
Subtitle B—Protecting United States Workers
536.20 Sec. 3201. Protections for victims of serious violations of labor and employment law or crime.
547.01 Sec. 3202. Employment Verification System Education Funding.
548.03 Sec. 3203. Directive to the United States Sentencing Commission.
Subtitle C—Other Provisions
549.12 Sec. 3301. Funding.
556.16 Sec. 3302. Effective date.
556.20 Sec. 3303. Mandatory exit system.
558.10 Sec. 3304. Identity-theft resistant manifest information for passengers, crew, and non-crew onboard departing aircraft and vessels.
563.18 Sec. 3305. Profiling.
Subtitle D—Asylum and Refugee Provisions
566.15 Sec. 3401. Time limits and efficient adjudication of genuine asylum claims.
568.13 Sec. 3402. Refugee family protections.
569.01 Sec. 3403. Clarification on designation of certain refugees.
571.17 Sec. 3404. Asylum determination efficiency.
572.04 Sec. 3405. Stateless persons in the United States.
579.17 Sec. 3406. U visa accessibility.
580.01 Sec. 3407. Representation at overseas refugee interviews.
Subtitle E—Shortage of Immigration Court Resources for Removal Proceedings
582.04 Sec. 3501. Shortage of immigration court personnel for removal proceedings.
583.06 Sec. 3502. Improving immigration court efficiency and reducing costs by increasing access to legal information.
585.10 Sec. 3503. Office of Legal Access Programs.
587.14 Sec. 3504. Codifying Board of Immigration Appeals.
589.12 Sec. 3505. Improved training for immigration judges and Board Members.
591.06 Sec. 3506. Improved resources and technology for immigration courts and Board of Immigration Appeals.
Subtitle F—Prevention of Trafficking in Persons and Abuses Involving Workers Recruited Abroad
593.09 Sec. 3601. Definitions.
594.13 Sec. 3602. Disclosure.
598.09 Sec. 3603. Prohibition on discrimination.
599.11 Sec. 3604. Recruitment fees.
599.17 Sec. 3605. Registration.
605.20 Sec. 3606. Bonding requirement.
606.08 Sec. 3607. Maintenance of lists.
607.09 Sec. 3608. Amendment to the Immigration and Nationality Act.
608.07 Sec. 3609. Responsibilities of Secretary of State.
609.18 Sec. 3610. Enforcement provisions.
617.16 Sec. 3611. Rule of construction.
617.20 Sec. 3612. Regulations.
Subtitle G—Interior Enforcement
618.02 Sec. 3701. Criminal street gangs.
622.01 Sec. 3702. Banning habitual drunk drivers from the United States.
623.01 Sec. 3703. Sexual abuse of a minor.
623.09 Sec. 3704. Illegal entry.
626.20 Sec. 3705. Reentry of removed alien.
631.23 Sec. 3706. Penalties related to removal.
633.11 Sec. 3707. Reform of passport, visa, and immigration fraud offenses.
641.01 Sec. 3708. Combating schemes to defraud aliens.
642.19 Sec. 3709. Inadmissibility and removal for passport and immigration fraud offenses.
644.18 Sec. 3710. Directives related to passport and document fraud.
647.11 Sec. 3711. Inadmissible aliens.
653.01 Sec. 3712. Organized and abusive human smuggling activities.
659.04 Sec. 3713. Preventing criminals from renouncing citizenship during wartime.
659.10 Sec. 3714. Diplomatic security service.
660.01 Sec. 3715. Secure alternatives programs.
661.08 Sec. 3716. Oversight of detention facilities.
666.01 Sec. 3717. Procedures for bond hearings and filing of notices to appear.
669.03 Sec. 3718. Sanctions for countries that delay or prevent repatriation of their nationals.
670.01 Sec. 3719. Gross violations of human rights.
TITLE IV—REFORMS TO NONIMMIGRANT VISA PROGRAMS
Subtitle A—Employment-based Nonimmigrant Visas
672.17 Sec. 4101. Market-based H–1B visa limits.
677.11 Sec. 4102. Employment authorization for dependents of employment-based nonimmigrants.
679.01 Sec. 4103. Eliminating impediments to worker mobility.
682.03 Sec. 4104. STEM Education and Training.
690.05 Sec. 4105. H–1B and L Visa fees.
Subtitle B—H–1B Visa Fraud and Abuse Protections
CHAPTER 1—H–1B EMPLOYER APPLICATION REQUIREMENTS
691.10 Sec. 4211. Modification of application requirements.
705.13 Sec. 4212. Requirements for admission of nonimmigrant nurses in health professional shortage areas.
708.06 Sec. 4213. New application requirements.
710.20 Sec. 4214. Application review requirements.
CHAPTER 2— INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H–1B EMPLOYERS
712.12 Sec. 4221. General modification of procedures for investigation and disposition.
713.14 Sec. 4222. Investigation, working conditions, and penalties.
717.11 Sec. 4223. Initiation of investigations.
719.19 Sec. 4224. Information sharing.
CHAPTER 3—OTHER PROTECTIONS
720.12 Sec. 4231. Posting available positions through the Department of Labor.
721.14 Sec. 4232. Requirements for information for H–1B and L nonimmigrants.
724.16 Sec. 4233. Filing fee for H1B-dependent employers
726.20 Sec. 4234. Providing premium processing of employment-based visa petitions.
727.06 Sec. 4235. Technical correction.
727.13 Sec. 4236. Application.
Subtitle C—L Visa Fraud and Abuse Protections
727.19 Sec. 4301. Prohibition on outplacement of L nonimmigrants.
728.15 Sec. 4302. L employer petition requirements for employment at new offices.
731.12 Sec. 4303. Cooperation with Secretary of State.
731.21 Sec. 4304. Limitation on employment of L nonimmigrants.
733.09 Sec. 4305. Filing fee for L nonimmigrants.
735.14 Sec. 4306. Investigation and disposition of complaints against L nonimmigrant employers.
738.19 Sec. 4307. Penalties.
740.07 Sec. 4308. Prohibition on retaliation against L nonimmigrants.
741.09 Sec. 4309. Reports on L nonimmigrants.
741.12 Sec. 4310. Application.
741.16 Sec. 4311. Report on L blanket petition process.
[+ Grassley2]
Subtitle D—Other Nonimmigrant Visas
742.16 Sec. 4401. Nonimmigrant visas for students.
749.03 Sec. 4402. Classification for specialty occupation workers from free trade countries.
751.10 Sec. 4403. E–visa reform.
753.18 Sec. 4404. Other changes to nonimmigrant visas.
756.01 Sec. 4405. Treatment of nonimmigrants during adjudication of application.
757.01 Sec. 4406. Nonimmigrant elementary and secondary school students.
757.06 Sec. 4407. J–1 Visa Exchange Visitor Program fee
758.20 Sec. 4408. F–1 Visa fee
Subtitle E—JOLT Act
758.21 Sec. 4501. Short titles.
759.01 Sec. 4502. Premium processing.
762.01 Sec. 4503. Encouraging Canadian tourism to the United States.
763.22 Sec. 4504. Retiree visa.
767.01 Sec. 4505. Incentives for foreign visitors visiting the United States during low peak seasons.
767.09 Sec. 4506. Visa waiver program enhanced security and reform.
782.01 Sec. 4507. Expediting entry for priority visitors.
783.21 Sec. 4508. Visa processing.
786.15 Sec. 4509. B Visa fee.
Subtitle F—Reforms to the H–2B Visa Program
787.05 Sec. 4601. Extension of returning worker exemption to H–2B numerical limitation.
789.09 Sec. 4602. Other requirements for H–2B employers.
791.14 Sec. 4603. Executives and managers.
792.16 Sec. 4604. Honoraria
794.05 Sec. 4605. Nonimmigrants participating in relief operations.
795.03 Sec. 4606. Nonimmigrants performing maintenance on common carriers.
Subtitle G—W Nonimmigrant Visas
796.17 Sec. 4701. Bureau of Immigration and Labor Market Research.
804.01 Sec. 4702. Nonimmigrant classification for W nonimmigrants.
804.13 Sec. 4703. Admission of W nonimmigrant workers.
Subtitle H—Investing in New Venture, Entrepreneurial Startups, and Technologies
849.19 Sec. 4801. Nonimmigrant INVEST visas.
853.09 Sec. 4802. INVEST immigrant visa.
864.21 Sec. 4803. Administration and oversight.
NEW... Sec. 4804. Authorization of Appropriations. [+ Sessions36]
