I

103D CONGRESS

1ST SESSION H. R. 1153

To amend the Immigration and Nationality Act to provide for expanded

preinspection at foreign airports, to provide for a permanent visa waiver

program, and to expedite airport immigration processing.

IN THE HOUSE OF REPRESENTATIVES

MARCH 1, 1993

Mr. SCHUMER introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to provide

for expanded preinspection at foreign airports, to provide

for a permanent visa waiver program, and to expedite

airport immigration processing.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Immigration

5 Preinspection Act of 1993’’.
2

•HR 1153 IH

1 SEC. 2. PREINSPECTION AT FOREIGN AIRPORTS.

2 (a) IN GENERAL.—The Immigration and Nationality

3 Act is amended by inserting after section 235 the following

4 new section:

5 ‘‘PREINSPECTION AT FOREIGN AIRPORTS

6 ‘‘SEC. 235A. (a) ESTABLISHMENT OF ADDITIONAL

7 PREINSPECTION STATIONS AT HIGH VOLUME AIR8 PORTS.—Subject to subsection (c), not later than 2 years

9 after the date of the enactment of this section, the Attor10 ney General, in consultation with the Secretary of State,

11 shall establish and maintain preinspection stations in at

12 least 3 of the foreign airports that are among the 10 for13 eign airports which the Attorney General identifies as

14 serving as last points of departure for the greatest num15 bers of passengers who arrive from abroad by air at ports

16 of entry within the United States. Such preinspection sta17 tions shall be in addition to any preinspection stations es18 tablished or authorized to be established prior to the date

19 of the enactment of this section.

20 ‘‘(b) ESTABLISHMENT OF ADDITIONAL

21 PREINSPECTION STATIONS AT CERTAIN FOREIGN AIR22 PORTS FROM WHICH UNDOCUMENTED ALIENS DEPART

23 FOR THE UNITED STATES.—

24 ‘‘(1) REPORTS TO CONGRESS.—Not later than

25 November 1, 1993, and each subsequent November

26 1, the Attorney General shall compile and submit to
3

•HR 1153 IH

1 the Committee on the Judiciary of the House of

2 Representatives and the Committee on the Judiciary

3 of the Senate a report identifying the foreign air4 ports which served as last points of departure for

5 aliens who arrived by air at United States ports of

6 entry without valid documentation during the pre7 ceding fiscal year. Such report shall indicate the

8 number and nationality of such aliens arriving from

9 each such foreign airport.

10 ‘‘(2) ESTABLISHMENT OF ADDITIONAL

11 PREINSPECTION STATIONS.—Subject to subsection

12 (c), not later than November 1, 1995, the Attorney

13 General, in consultation with the Secretary of State,

14 shall establish preinspection stations in at least 3 of

15 the foreign airports that are among the 10 foreign

16 airports identified in the first report submitted

17 under paragraph (1) as serving as the last points of

18 departure for the greatest number of aliens who ar19 rive from abroad by air at points of entry within the

20 United States without valid documentation. Such

21 preinspection stations shall be in addition to any

22 preinspection stations established or authorized to be

23 established either under subsection (a) or prior to

24 the date of the enactment of this section.
4

•HR 1153 IH

1 ‘‘(3) ESTABLISHMENT OF CARRIER CONSULT2 ANT PROGRAM.—The Attorney General shall assign

3 additional immigration officers to any foreign air4 port identified in the first report submitted under

5 paragraph (1) which served as a point of departure

6 for a significant number of arrivals at United States

7 ports of entry without valid documentation, but

8 where no preinspection station is established.

9 ‘‘(c) CONDITIONS FOR ESTABLISHMENT OF

10 PREINSPECTION.—Prior to the establishment of a

11 preinspection station the Attorney General, in consultation

12 with the Secretary of State, shall ensure that—

13 ‘‘(1) employees of the United States stationed

14 at the preinspection station and their accompanying

15 family members will receive appropriate protection,

16 ‘‘(2) such employees and their families will not

17 be subject to unreasonable risks to their welfare and

18 safety, and

19 ‘‘(3) the country in which the preinspection sta20 tion is to be established maintains practices and pro21 cedures with respect to asylum seekers and refugees

22 in accordance with the Convention Relating to the

23 Status of Refugees (done at Geneva, July 28, 1951)

24 or the Protocol Relating to the Status of Refugees

25 (done at New York, January 31, 1967).’’.
5

•HR 1153 IH

1 (b) CLERICAL AMENDMENT.—The table of contents

2 of such Act is amended by inserting after the item relating

3 to section 235 the following new item:

‘‘Sec. 235A. Preinspection at foreign airports.’’.

4 SEC. 3. VISA WAIVER PROGRAM.

5 (a) PERMANENCY OF PROGRAM.—Section 217 of the

6 Immigration and Nationality Act (8 U.S.C. 1187) is

7 amended—

8 (1) by amending the section heading to read as

9 follows:

10 ‘‘VISA WAIVER PROGRAM FOR CERTAIN VISITORS’’;

11 (2) in the heading of subsection (a), (a)(2), and

12 (c) by striking ‘‘PILOT’’ and ‘‘PILOT’’ each place ei13 ther appears and inserting ‘‘VISA WAIVER’’ and

14 ‘‘VISA WAIVER’’, respectively;

15 (3) by striking ‘‘pilot’’ each place it appears

16 and inserting ‘‘visa waiver’’;

17 (4) in subsection (a)(1) by striking ‘‘during the

18 pilot program period (as defined in subsection (e)),’’;

19 (5) in subsection (c)(3) by striking ‘‘(within the

20 pilot program period) after the initial period’’;

21 (6) in subsection (c) by striking paragraph (4);

22 (7) in subsection (e)(1)(A) by striking

23 ‘‘(a)(1)(A)’’ and inserting ‘‘(a)(1)’’; and

24 (8) by striking subsection (f).
6

•HR 1153 IH

1 (b) ELIMINATION OF REQUIREMENT FOR EXECU2 TION OF IMMIGRATION FORMS.—Section 217 of such Act

3 is further amended—

4 (1) in subsection (a) by striking paragraph (3);

5 (2) in subsection (a) by redesignating para6 graphs (4) through (7) as paragraphs (3) through

7 (6); and

8 (3) in subsection (e)(1) by striking ‘‘subsection

9 (a)(4)’’ and inserting ‘‘subsection (a)(3)’’.

10 (c) EXCLUSION AND DEPORTATION OF APPLICANTS

11 FOR ADMISSION UNDER VISA WAIVER PROGRAM.—Sec12 tion 217(b) of such Act is amended to read as follows:

13 ‘‘(b) EXCLUSION AND DEPORTATION OF APPLICANTS

14 FOR ADMISSION UNDER VISA WAIVER PROGRAM.—

15 ‘‘(1) EXCLUSION.—

16 ‘‘(A) An immigration officer’s determina17 tion that an applicant for admission under this

18 section is not clearly and beyond a doubt enti19 tled to land shall constitute a final order of ex20 clusion and deportation, enforceable pursuant

21 to section 237. Pending such a determination,

22 the Attorney General may maintain such appli23 cant in custody.
7

•HR 1153 IH

1 ‘‘(B) The procedure described in section

2 236 shall not apply to an order issued under

3 this paragraph.

4 ‘‘(2) DEPORTATION.—

5 ‘‘(A) Notwithstanding any other provision

6 of law, an alien admitted to the United States

7 under this section who is determined, pursuant

8 to such regulations as the Attorney General

9 shall prescribe, to be subject to deportation

10 shall be deported pursuant to section 243. An

11 immigration officer’s determination under this

12 subsection shall constitute a final order of de13 portation. Pending such determination, the At14 torney General may maintain such alien in cus15 tody.

16 ‘‘(B) The procedure described in section

17 242 shall not apply to an order issued under

18 this paragraph.

19 ‘‘(3) REVIEW.—Notwithstanding any other pro20 vision of law or the failure of a carrier to provide the

21 notice described in subsection (e)(1)(D), an alien

22 who applies for admission to the United States

23 under this section shall not be entitled—

24 ‘‘(A) to review or appeal under this Act of

25 an immigration officer’s determination as to the
8

•HR 1153 IH

1 admissibility of the alien at the port of entry

2 into the United States, or

3 ‘‘(B) subject to paragraph (4), to contest

4 an immigration officer’s determination under

5 paragraph (2).

6 ‘‘(4) ASYLUM.—The Attorney General shall es7 tablish a procedure for an alien who is applying for

8 admission under this section or who has been admit9 ted under this section to apply for asylum under sec10 tion 208.

11 ‘‘(5) TREATMENT OF NATIONALS OF VISA

12 WAIVER COUNTRIES.—An alien who—

13 ‘‘(A) is a national of a visa waiver program

14 country or claims to be a national of a visa

15 waiver country, and

16 ‘‘(B) is not in possession of a valid visa,

17 shall be considered to be an applicant for ad18 mission under this section.’’.

19 (d) CARRIER AGREEMENTS.—Section 217(e)(1) of

20 such Act is amended—

21 (1) in subparagraph (B) by striking ‘‘and’’;

22 (2) in subparagraph (C) by striking the period

23 at the end and inserting ‘‘; and’’; and

24 (3) by inserting after subparagraph (C) the fol25 lowing new subparagraph:
9

•HR 1153 IH

1 ‘‘(D) to provide passengers applying for

2 admission to the United States under this sec3 tion with written notification that they are not

4 entitled (i) to any appeal or review of an immi5 gration officer’s determination of admissibility,

6 or (ii) to contest any action for deportation.’’.

7 (e) CLERICAL AMENDMENT.—The item in the table

8 of contents of such Act relating to section 217 is amended

9 to read as follows:

‘‘Sec. 217. Visa waiver program for certain visitors.’’.

10 SEC. 4. EXPEDITING AIRPORT IMMIGRATION PROCESSING.

11 (a) PASSENGER MANIFESTS.—

12 (1) ELECTRONIC PASSENGER MANIFESTS.—Sec13 tion 231(a) of the Immigration and Nationality Act

14 (8 U.S.C. 1221(a)) is amended in the first sentence

15 by striking ‘‘typewritten’’ and inserting ‘‘electronic,

16 typewritten,’’.

17 (2) INFORMATION CONTAINED IN PASSENGER

18 MANIFEST.—Section 231(a) of such Act (8 U.S.C.

19 1221(a)) is further amended by inserting imme20 diately before the period at the end of the second

21 sentence ‘‘, except that regulations concerning the

22 information contained in such lists may not require

23 information other than the full name, date of birth,

24 passport number, and citizenship of the person
10

•HR 1153 IH

1 transported, and information identifying the flight

2 on which the person was transported’’.

3 (b) INSPECTION BY IMMIGRATION OFFICERS.—Sec4 tion 235(a) of the Immigration and Nationality Act (8

5 U.S.C. 1225(a)) is amended by adding after the second

6 sentence the following: ‘‘Except as the Attorney General

7 may provide, nothing in this section shall be construed as

8 requiring a personal interview in the conduct of an exam9 ination or inspection.’’.

10 (c) PROVISION OF IMMIGRATION INSPECTION AND

11 PREINSPECTION SERVICES.—

12 (1) IN GENERAL.—Section 286 of the Immigra13 tion and Nationality Act (8 U.S.C. 1356) is amend14 ed—

15 (A) in subsection (g) by striking ‘‘forty16 five’’ and inserting ‘‘thirty’’; and

17 (B) in subsection (l)—

18 (i) by striking ‘‘forty-five’’ and insert19 ing ‘‘thirty’’; and

20 (ii) by striking ‘‘March 31st’’ and in21 serting ‘‘January 31st’’.

22 (2) EFFECTIVE DATE.—The amendments made

23 by paragraph (1) shall apply to passengers arriving

24 on or after 60 days after the date of the enactment

25 of this Act.
11

•HR 1153 IH

1 (d) EXPEDITED PROCESS FOR THE INSPECTION OF

2 CITIZENS.—

3 (1) IN GENERAL.—Section 235A of the Immi4 gration and Nationality Act, as inserted by section

5 1(a) of this Act, is amended—

6 (A) in the heading, by adding at the end

7 the following: ‘‘; EXPEDITED PROCESS FOR THE

8 INSPECTION OF CITIZENS’’, AND

9 (B) by adding at the end the following new

10 subsection:

11 ‘‘(d) EXPEDITED PROCESS FOR THE IN12 SPECTION OF CITIZENS.—Not later than 90

13 days after the date of the enactment of this sec14 tion, the Attorney General shall implement an

15 expedited process for the inspection of United

16 States citizens upon arrival from abroad by air

17 at ports of entry within the United States. An

18 expedited process shall be maintained except

19 during a national or airport specific security

20 emergency as determined by the Attorney Gen21 eral.’’.

22 (2) CLERICAL AMENDMENT.—The item in the

23 table of contents of such Act relating to section

24 235A, as inserted by section 1(b) of this Act, is

25 amended to read as follows:
12

•HR 1153 IH

‘‘Sec. 235A. Preinspection at foreign airports; expedited process for the inspection of citizens.’’.

Æ