Sec. 9. Reports
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Not later than December 31, 2019, the Comptroller General of the United States shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes— the economic benefits of the regional center program established under section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) ), including the steps taken by United States Citizenship and Immigration Services to verify job creation; the extent to which United States Citizenship and Immigration Services ensures compliance by regional center participants with their obligations under the immigrant investor program; the extent to which United States Citizenship and Immigration Services has maintained records of regional centers and associated commercial enterprises, including annual statements and certifications; the steps taken by United States Citizenship and Immigration Services to verify the source of funds, as required under section 203(b)(5)(D) of the Immigration and Nationality Act, as added by section 2 of this Act; the extent to which United States Citizenship and Immigration Services collaborates with other Federal and law enforcement agencies, particularly to detect illegal activity and threats to national security related to the regional center program; the extent to which United States Citizenship and Immigration Services has prevented fraud and abuse in regional center activities, including the designation of targeted employment areas in areas that otherwise have high employment; the extent to which United States Citizenship and Immigration Services has used its authority to sanction, suspend, bar, or terminate regional centers or individuals affiliated with regional centers; the steps that have been taken to oversee direct and third-party promoters under section 203(b)(5)(N) of the Immigration and Nationality Act, as added by section 3 of this Act; the extent to which employees of the Department of Homeland Security have complied with the ethical standards and transparency requirements under section 8 of this Act; and an accounting of the expenditure of amounts from the EB–5 Integrity Fund established under section 203(b)(5)(M) of the Immigration and Nationality Act, as added by section 3 of this Act.
Not later than December 31, 2019, the Inspector General of the Intelligence Community, in coordination with the Inspector General of the Department of Homeland Security and after consultation with relevant Federal agencies, including United States Immigration and Customs Enforcement, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives concerning the immigrant visa program set forth in section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) ) that describes— the vulnerabilities within the program that may undermine the national security of the United States; the actual or potential use of the program to facilitate export of sensitive technology; the actual or potential use of the program to facilitate economic espionage; the actual or potential use of the program by foreign government agents; and the actual or potential use of the program to facilitate terrorist activity, including funding terrorist activity or laundering terrorist funds.
Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Bureau of Economic Analysis of the Department of Commerce, or another component within the Department of Commerce, as determined by the Secretary of Commerce, shall publish regulations to determine economically and statistically valid general economic methodologies that are in compliance with section 203(b)(5)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(A)(ii) ).
Not later than 3 years after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Commerce and after consultation with relevant Federal agencies, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes, with respect to the program under section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) )— the percentage of completed and pending capital investment projects and the number of alien investors investing pursuant to such program in the States, metropolitan and micropolitan statistical areas, and counties in which such projects occurred in each fiscal year, within the scope of business plans filed pursuant to section 203(b)(5)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(I) ), as added by this Act, both approved and awaiting approval— in rural areas; in rural areas where the median family income is 125 percent or more than the national average; in priority urban investment areas; for infrastructure projects; for manufacturing projects; and in areas that are not described in any of the clauses
(i)through (v); whether other Federal financial assistance and tax incentive programs, such as economic development programs administered by the Department of Agriculture, the Department of Housing and Urban Development, or the Community Development Financial Institutions Fund, are also used or available for use by projects described in subparagraph (A); what data is available to assess commuting patterns from high unemployment census tracts to project locations; whether the consideration of such commuting patterns may be an appropriate factor for targeted employment area designations; and whether such data can be used to assess job creation in high unemployment census tracts; whether market demands to approve projects described in subparagraph
(A)exceed the number of visas allowed under section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) ); whether other metrics or Federal data sets are available that capture underserved or undercapitalized communities that may provide an appropriate factor for targeted employment area designations; and what data is available to assess the percentage of jobs created through the investor visa program that are held by persons who reside in census tracts that have an unemployment rate of at least 150 percent of the national average. Not later than 60 days before the submission of the report required under paragraph (1), the Secretary of Homeland Security shall provide the public with notice and an opportunity to comment on the draft report.
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