[Congressional Record Volume 149, Number 164 (Wednesday, November 12, 2003)]
[Senate]
[Pages S14504-S14506]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            BASIC PILOT PROGRAM EXTENSION AND EXPANSION ACT

  Mr. BOND. Mr. President, I have been asked by the leadership to bring 
up Calendar No. 374, S. 1685, the Immigrant Pilot Program. I believe it 
has been cleared on both sides.
  I ask unanimous consent that the Senate proceed to its immediate 
consideration.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1685) to extend and expand the basic pilot 
     program for employment eligibility verification, and for 
     other purposes.


[[Page S14505]]


  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                S. 1685

       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 ``Basic Pilot Program 
     Extension and Expansion Act of 2003''.

     [SEC. 2. EXTENSION OF PROGRAMS.

       [Section 401(b) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is 
     amended by striking ``6-year period'' and inserting ``11-year 
     period''.

     [SEC. 3. EXPANSION OF THE BASIC PILOT PROGRAM.

       [(a) In General.--Section 401(c)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) is amended by striking ``in,'' and all 
     that follows through the semicolon and inserting ``in all 
     States;''.
       [(b) Conforming Amendments.--Section 402(c) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) is amended--
       [(1) in paragraph (2)(B), by striking ``or entity 
     electing--'' and all that follows through ``(ii) the citizen 
     attestation pilot program'' and inserting ``or entity 
     electing the citizen attestation pilot program'';
       [(2) by striking paragraph (3); and
       [(3) by redesignating paragraph (4) as paragraph (3).]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Basic Pilot Program 
     Extension and Expansion Act of 2003''.

     SEC. 2. EXTENSION OF PROGRAMS.

       Section 401(b) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is 
     amended by striking ``6-year period'' and inserting ``11-year 
     period''.

     SEC. 3. EXPANSION OF THE BASIC PILOT PROGRAM.

       (a) In General.--Section 401(c)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) is amended by inserting after ``United 
     States'' the following: ``, and the Secretary of Homeland 
     Security shall expand the operation of the program to all 50 
     States not later than December 1, 2004''.
       (b) Report.--Section 405 of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
     note) is amended--
       (1) by striking ``The'' and inserting:
       ``(a) In General.--The'', and
       (2) by adding at the end the following new subsection:
       ``(b) Report on Expansion.--Not later than June 1, 2004, 
     the Secretary of Homeland Security shall submit to the 
     Committees on the Judiciary of the House of Representatives 
     and the Senate a report--
       ``(1) evaluating whether the problems identified by the 
     report submitted under subsection (a) have been substantially 
     resolved; and
       ``(2) describing what actions the Secretary of Homeland 
     Security shall take before undertaking the expansion of the 
     basic pilot program to all 50 States in accordance with 
     section 401(c)(1), in order to resolve any outstanding 
     problems raised in the report filed under subsection (a).''
       (c) Conforming Amendments.--Section 402(c) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) is amended--
       (1) in paragraph (2)(B), by striking ``or entity electing--
     '' and all that follows through ``(ii) the citizen 
     attestation pilot program'' and inserting ``or entity 
     electing the citizen attestation pilot program'';
       (2) by striking paragraph (3); and
       (3) by redesignating paragraph (4) as paragraph (3).
       (d) Additional Technical and Conforming Amendments.--Title 
     IV of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended 
     by striking ``Attorney General'' each place that term appears 
     and inserting ``Secretary of Homeland Security''.

  Mr. BOND. Mr. President, I ask unanimous consent that the Leahy-
Brownback amendment at the desk be agreed to; the committee substitute, 
as amended, be agreed to; the bill, as amended, be read the third time 
and passed; the motions to reconsider be laid upon the table en bloc; 
and any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2170) was agreed to, as follows:


                           amendment no. 2170

  (Purpose: To extend the duration of the immigrant investor regional 
  center pilot program for 5 additional years, and for other purposes)

       At the end, add the following:

     SEC. 4. PILOT IMMIGRATION PROGRAM.

       (a) Processing Priority Under Pilot Immigration Program for 
     Regional Centers to Promote Economic Growth.--Section 610 of 
     the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 1993 (8 
     U.S.C. 1153 note) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following:
       ``(d) In processing petitions under section 204(a)(1)(H) of 
     the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) 
     for classification under section 203(b)(5) of such Act (8 
     U.S.C. 1153(b)(5)), the Secretary of Homeland Security may 
     give priority to petitions filed by aliens seeking admission 
     under the pilot program described in this section. 
     Notwithstanding section 203(e) of such Act (8 U.S.C. 
     1153(e)), immigrant visas made available under such section 
     203(b)(5) may be issued to such aliens in an order that takes 
     into account any priority accorded under the preceding 
     sentence.''.
       (b) Extension.--Section 610(b) of the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is 
     amended by striking ``10 years'' and inserting ``15 years''.

     SEC. 5. GAO STUDY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the General Accounting Office shall 
     report to Congress on the immigrant investor program created 
     under section 203(b)(5) of the Immigration and Nationality 
     Act (8 U.S.C. 1153(b)(5)).
       (b) Contents.--The report described in subsection (a) shall 
     include information regarding--
       (1) the number of immigrant investors that have received 
     visas under the immigrant investor program in each year since 
     the inception of the program;
       (2) the country of origin of the immigrant investors;
       (3) the localities where the immigrant investors are 
     settling and whether those investors generally remain in the 
     localities where they initially settle;
       (4) the number of immigrant investors that have sought to 
     become citizens of the United States;
       (5) the types of commercial enterprises that the immigrant 
     investors have established; and
       (6) the types and number of jobs created by the immigrant 
     investors.

  The committee amendment, as amended, was agreed to.
  The bill was read the third time and passed, as follows:

                                S. 1685

       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 ``Basic Pilot Program 
     Extension and Expansion Act of 2003''.

     SEC. 2. EXTENSION OF PROGRAMS.

       Section 401(b) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is 
     amended by striking ``6-year period'' and inserting ``11-year 
     period''.

     SEC. 3. EXPANSION OF THE BASIC PILOT PROGRAM.

       (a) In General.--Section 401(c)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) is amended by inserting after ``United 
     States'' the following: ``, and the Secretary of Homeland 
     Security shall expand the operation of the program to all 50 
     States not later than December 1, 2004''.
       (b) Report.--Section 405 of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
     note) is amended--
       (1) by striking ``The'' and inserting:
       ``(a) In General.--The'', and
       (2) by adding at the end the following new subsection:
       ``(b) Report on Expansion.--Not later than June 1, 2004, 
     the Secretary of Homeland Security shall submit to the 
     Committees on the Judiciary of the House of Representatives 
     and the Senate a report--
       ``(1) evaluating whether the problems identified by the 
     report submitted under subsection (a) have been substantially 
     resolved; and
       ``(2) describing what actions the Secretary of Homeland 
     Security shall take before undertaking the expansion of the 
     basic pilot program to all 50 States in accordance with 
     section 401(c)(1), in order to resolve any outstanding 
     problems raised in the report filed under subsection (a).''
       (c) Conforming Amendments.--Section 402(c) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) is amended--
       (1) in paragraph (2)(B), by striking ``or entity electing--
     '' and all that follows through ``(ii) the citizen 
     attestation pilot program'' and inserting ``or entity 
     electing the citizen attestation pilot program'';
       (2) by striking paragraph (3); and
       (3) by redesignating paragraph (4) as paragraph (3).
       (d) Additional Technical and Conforming Amendments.--Title 
     IV of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended 
     by striking ``Attorney General'' each place that term appears 
     and inserting ``Secretary of Homeland Security''.

     SEC. 4. PILOT IMMIGRATION PROGRAM.

       (a) Processing Priority Under Pilot Immigration Program for 
     Regional Centers

[[Page S14506]]

     to Promote Economic Growth.--Section 610 of the Departments 
     of Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is 
     amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following:
       ``(d) In processing petitions under section 204(a)(1)(H) of 
     the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) 
     for classification under section 203(b)(5) of such Act (8 
     U.S.C. 1153(b)(5)), the Secretary of Homeland Security may 
     give priority to petitions filed by aliens seeking admission 
     under the pilot program described in this section. 
     Notwithstanding section 203(e) of such Act (8 U.S.C. 
     1153(e)), immigrant visas made available under such section 
     203(b)(5) may be issued to such aliens in an order that takes 
     into account any priority accorded under the preceding 
     sentence.''.
       (b) Extension.--Section 610(b) of the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is 
     amended by striking ``10 years'' and inserting ``15 years''.

     SEC. 5. GAO STUDY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the General Accounting Office shall 
     report to Congress on the immigrant investor program created 
     under section 203(b)(5) of the Immigration and Nationality 
     Act (8 U.S.C. 1153(b)(5)).
       (b) Contents.--The report described in subsection (a) shall 
     include information regarding--
       (1) the number of immigrant investors that have received 
     visas under the immigrant investor program in each year since 
     the inception of the program;
       (2) the country of origin of the immigrant investors;
       (3) the localities where the immigrant investors are 
     settling and whether those investors generally remain in the 
     localities where they initially settle;
       (4) the number of immigrant investors that have sought to 
     become citizens of the United States;
       (5) the types of commercial enterprises that the immigrant 
     investors have established; and
       (6) the types and number of jobs created by the immigrant 
     investors.

                          ____________________