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 bystriking ‘‘6-year period’’ and inserting ‘‘11-year period’’.
SEC. 3. EXPANSION OF THE BASIC PILOT PROGRAM.
(a) I NGENERAL .—Section 401(c)(1) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324anote) is amended by inserting after ‘‘United States’’ the following:‘‘, and the Secretary of Homeland Security shall expand the oper-ation of the program to all 50 States not later than December1, 2004’’.
(b) R
EPORT .—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) I
NGENERAL .—The’’, and
(2) by adding at the end the following new subsection:
‘‘(b) R EPORT ON EXPANSION .—Not later than June 1, 2004,
the Secretary of Homeland Security shall submit to the Committeeson the Judiciary of the House of Representatives and the Senatea report—
‘‘(1) evaluating whether the problems identified by the
report submitted under subsection (a) have been substantiallyresolved; and
‘‘(2) describing what actions the Secretary of Homeland
Security shall take before undertaking the expansion of thebasic pilot program to all 50 States in accordance with section401(c)(1), in order to resolve any outstanding problems raisedin the report filed under subsection (a).’’.(c) C
ONFORMING 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 attestationDeadline.Deadline.8 USC 1101 note.Basic Pilot
ProgramExtension andExpansion Act of2003.Dec. 3, 2003
[S. 1685]
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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) A
DDITIONAL TECHNICAL AND CONFORMING AMENDMENTS .—
Title IV of the Illegal Immigration Reform and Immigrant Responsi-bility 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) P ROCESSING PRIORITY UNDER PILOT IMMIGRATION PROGRAM
FOR REGIONAL CENTERS TOPROMOTE ECONOMIC GROWTH .—Section
610 of the Departments of Commerce, Justice, and State, theJudiciary, 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 classi-fication under section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)),the Secretary of Homeland Security may give priority to petitionsfiled by aliens seeking admission under the pilot program describedin this section. Notwithstanding section 203(e) of such Act (8 U.S.C.1153(e)), immigrant visas made available under such section203(b)(5) may be issued to such aliens in an order that takesinto account any priority accorded under the preceding sentence.’’.
(b) E
XTENSION .—Section 610(b) of the Departments of Com-
merce, Justice, and State, the Judiciary, and Related AgenciesAppropriations Act, 1993 (8 U.S.C. 1153 note) is amended bystriking ‘‘10 years’’ and inserting ‘‘15 years’’.
SEC. 5. GAO STUDY.
(a) I NGENERAL .—Not later than 1 year after the date of enact-
ment of this Act, the General Accounting Office shall report toCongress on the immigrant investor program created under section203(b)(5) of the Immigration and Nationality Act (8 U.S.C.1153(b)(5)).
(b) C
ONTENTS .—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 sincethe 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 localitieswhere 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.
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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.(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.
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Brief
The Basic Pilot Program Extension and Expansion Act of 2003 extends and expands a pilot program for employment eligibility verification, amending several sections of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It also includes provisions for a GAO study on the immigrant investor program and provides additional technical amendments. The Act aims to promote economic growth by giving priority to petitions filed by aliens seeking admission under the pilot program described in this section.
Highlights content goes here...
Purpose
The Basic Pilot Program Extension and Expansion Act of 2003 is a legislative act that extends and expands the basic pilot program for employment eligibility verification. The purpose of this act is to provide a more comprehensive and efficient system for verifying the employment eligibility of employees in the United States. This act aims to promote a culture of compliance with immigration laws and regulations, thereby reducing the risk of hiring unauthorized workers.
Key Provisions
The key provisions of this act include:
- Extension of Program: The act extends the basic pilot program for employment eligibility verification from an initial 6-year period to an 11-year period.
- Expansion of the Basic Pilot Program: The act requires the Secretary of Homeland Security to expand the operation of the program to all 50 states not later than December 1, 2004.
- Report on Expansion: The act requires the Secretary of Homeland Security to submit a report to Congress by June 1, 2004, evaluating whether the problems identified in the initial report have been substantially resolved and describing the actions that will be taken to resolve any outstanding problems before expanding the program.
- Conforming Amendments: The act makes conforming amendments to other sections of the Immigration Reform and Immigrant Responsibility Act of 1996.
Industry Impact
The impact of this act on industry is expected to be significant:
- Increased Efficiency: The expanded pilot program is expected to increase efficiency in verifying employment eligibility, thereby reducing costs and administrative burdens for employers.
- Improved Compliance: The act promotes a culture of compliance with immigration laws and regulations, which should reduce the risk of hiring unauthorized workers and associated penalties.
- Job Creation: The act provides for an expansion of the pilot program to all 50 states, which is expected to lead to increased job creation and economic growth.
Updates/Amendments
This act makes several updates and amendments to existing laws and regulations:
- Extension of Timeframe: The act extends the timeframe for the basic pilot program from 6 years to 11 years.
- Expansion of Program: The act requires the Secretary of Homeland Security to expand the operation of the program to all 50 states not later than December 1, 2004.
- Report Requirements: The act requires the Secretary of Homeland Security to submit regular reports to Congress on the progress and outcomes of the expanded pilot program.
- Conforming Amendments: The act makes conforming amendments to other sections of the Immigration Reform and Immigrant Responsibility Act of 1996.
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