    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 1944]]

    Public Law 108-156
    108th Congress

    An Act

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

    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 1945]]
    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 1946]]
    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.