[108th Congress Public Law 156]
[From the U.S. Government Printing Office]


[DOCID: f:publ156.108]

[[Page 1943]]

         BASIC PILOT PROGRAM EXTENSION AND EXPANSION ACT OF 2003

[[Page 117 STAT. 1944]]

Public Law 108-156
108th Congress

                                 An Act


 
 To extend and expand the basic pilot program for  employment 
eligibility verification, and for other purposes.
<<NOTE: Dec. 3,  2003 -  [S. 1685]>>  

    Be it enacted by the Senate and House of <<NOTE: Basic Pilot Program 
Extension and Expansion Act of 2003.>> Representatives of the United 
States of America in Congress assembled,

SECTION 1. <<NOTE: 8 USC 1101 note.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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 elect-
        ing--'' and all that follows through ``(ii) the citizen 
        attestation

[[Page 117 STAT. 1945]]

        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 <<NOTE: 8 USC 1360 note.>> 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 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. <<NOTE: 8 USC 1153 note.>> GAO STUDY.

    (a) In <<NOTE: Deadline. Reports.>> 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;

[[Page 117 STAT. 1946]]

            (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.

    Approved December 3, 2003.

LEGISLATIVE HISTORY--S. 1685 (H.R. 2359):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-304, Pts. 1 and 2 accompanying H.R. 2359 (Comm. 
on the Judiciary).
CONGRESSIONAL RECORD, Vol. 149 (2003):
            Nov. 12, considered and passed Senate.
            Nov. 19, considered and passed House.

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