PUBLIC LAW 108–156—DEC. 3, 2003

BASIC PILOT PROGRAM EXTENSION AND

EXPANSION ACT OF 2003

117 STAT. 1944 PUBLIC LAW 108–156—DEC. 3, 2003

Public Law 108–156

108th Congress

An Act

To extend and expand the basic pilot program for employment eligibility verification,

and for other purposes.

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

Deadline.

Deadline.

8 USC 1101 note.

Basic Pilot

Program

Extension and

Expansion Act of

2003.

Dec. 3, 2003

[S. 1685]

PUBLIC LAW 108–156—DEC. 3, 2003 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 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. 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;

Deadline.

Reports.

8 USC 1153 note.

8 USC 1360 note.

117 STAT. 1946 PUBLIC LAW 108–156—DEC. 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.

Æ

(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.