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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Immigration
Preinspection Act of 1993’’.
SEC. 2. PREINSPECTION AT FOREIGN AIRPORTS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 235 the following
new section:
‘‘PREINSPECTION AT FOREIGN AIRPORTS
‘‘SEC. 235A. (a) ESTABLISHMENT OF ADDITIONAL
PREINSPECTION
STATIONS
AT
HIGH
VOLUME
AIR-
PORTS.—Subject to subsection (c), not later than 2 years
after the date of the enactment of this section, the Attor-
ney General, in consultation with the Secretary of State,
shall establish and maintain preinspection stations in at
least 3 of the foreign airports that are among the 10 for-
eign airports which the Attorney General identifies as
serving as last points of departure for the greatest num-
bers of passengers who arrive from abroad by air at ports
of entry within the United States. Such preinspection sta-
tions shall be in addition to any preinspection stations es-
tablished or authorized to be established prior to the date
of the enactment of this section.
‘‘(b) 
ESTABLISHMENT
OF
ADDITIONAL
PREINSPECTION STATIONS AT CERTAIN FOREIGN AIR-
PORTS FROM WHICH UNDOCUMENTED ALIENS DEPART
FOR THE UNITED STATES.—
‘‘(1) REPORTS TO CONGRESS.—Not later than
November 1, 1993, and each subsequent November
1, the Attorney General shall compile and submit to
the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary
of the Senate a report identifying the foreign air-
ports which served as last points of departure for
aliens who arrived by air at United States ports of
entry without valid documentation during the pre-
ceding fiscal year. Such report shall indicate the
number and nationality of such aliens arriving from
each such foreign airport.
‘‘(2) 
ESTABLISHMENT
OF
ADDITIONAL
PREINSPECTION
STATIONS.—Subject to subsection
(c), not later than November 1, 1995, the Attorney
General, in consultation with the Secretary of State,
shall establish preinspection stations in at least 3 of
the foreign airports that are among the 10 foreign
airports identified in the first report submitted
under paragraph (1) as serving as the last points of
departure for the greatest number of aliens who ar-
rive from abroad by air at points of entry within the
United States without valid documentation. Such
preinspection stations shall be in addition to any
preinspection stations established or authorized to be
established either under subsection (a) or prior to
the date of the enactment of this section.
‘‘(3) ESTABLISHMENT OF CARRIER CONSULT-
ANT PROGRAM.—The Attorney General shall assign
additional immigration officers to any foreign air-
port identified in the first report submitted under
paragraph (1) which served as a point of departure
for a significant number of arrivals at United States
ports of entry without valid documentation, but
where no preinspection station is established.
‘‘(c) 
CONDITIONS
FOR
ESTABLISHMENT
OF
PREINSPECTION.—Prior to the establishment of a
preinspection station the Attorney General, in consultation
with the Secretary of State, shall ensure that—
‘‘(1) employees of the United States stationed
at the preinspection station and their accompanying
family members will receive appropriate protection,
‘‘(2) such employees and their families will not
be subject to unreasonable risks to their welfare and
safety, and
‘‘(3) the country in which the preinspection sta-
tion is to be established maintains practices and pro-
cedures with respect to asylum seekers and refugees
in accordance with the Convention Relating to the
Status of Refugees (done at Geneva, July 28, 1951)
or the Protocol Relating to the Status of Refugees
(done at New York, January 31, 1967).’’.
(b) CLERICAL AMENDMENT.—The table of contents
of such Act is amended by inserting after the item relating
to section 235 the following new item:
‘‘Sec. 235A. Preinspection at foreign airports.’’.
SEC. 3. VISA WAIVER PROGRAM.
(a) PERMANENCY OF PROGRAM.—Section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187) is
amended—
(1) by amending the section heading to read as
follows:
‘‘VISA WAIVER PROGRAM FOR CERTAIN VISITORS’’;
(2) in the heading of subsection (a), (a)(2), and
(c) by striking ‘‘PILOT’’ and ‘‘PILOT’’ each place ei-
ther appears and inserting ‘‘VISA WAIVER’’ and
‘‘VISA WAIVER’’, respectively;
(3) by striking ‘‘pilot’’ each place it appears
and inserting ‘‘visa waiver’’;
(4) in subsection (a)(1) by striking ‘‘during the
pilot program period (as defined in subsection (e)),’’;
(5) in subsection (c)(3) by striking ‘‘(within the
pilot program period) after the initial period’’;
(6) in subsection (c) by striking paragraph (4);
(7) 
in 
subsection 
(e)(1)(A) 
by 
striking
‘‘(a)(1)(A)’’ and inserting ‘‘(a)(1)’’; and
(8) by striking subsection (f).
(b) ELIMINATION OF REQUIREMENT FOR EXECU-
TION OF IMMIGRATION FORMS.—Section 217 of such Act
is further amended—
(1) in subsection (a) by striking paragraph (3);
(2) in subsection (a) by redesignating para-
graphs (4) through (7) as paragraphs (3) through
(6); and
(3) in subsection (e)(1) by striking ‘‘subsection
(a)(4)’’ and inserting ‘‘subsection (a)(3)’’.
(c) EXCLUSION AND DEPORTATION OF APPLICANTS
FOR ADMISSION UNDER VISA WAIVER PROGRAM.—Sec-
tion 217(b) of such Act is amended to read as follows:
‘‘(b) EXCLUSION AND DEPORTATION OF APPLICANTS
FOR ADMISSION UNDER VISA WAIVER PROGRAM.—
‘‘(1) EXCLUSION.—
‘‘(A) An immigration officer’s determina-
tion that an applicant for admission under this
section is not clearly and beyond a doubt enti-
tled to land shall constitute a final order of ex-
clusion and deportation, enforceable pursuant
to section 237. Pending such a determination,
the Attorney General may maintain such appli-
cant in custody.
‘‘(B) The procedure described in section
236 shall not apply to an order issued under
this paragraph.
‘‘(2) DEPORTATION.—
‘‘(A) Notwithstanding any other provision
of law, an alien admitted to the United States
under this section who is determined, pursuant
to such regulations as the Attorney General
shall prescribe, to be subject to deportation
shall be deported pursuant to section 243. An
immigration officer’s determination under this
subsection shall constitute a final order of de-
portation. Pending such determination, the At-
torney General may maintain such alien in cus-
tody.
‘‘(B) The procedure described in section
242 shall not apply to an order issued under
this paragraph.
‘‘(3) REVIEW.—Notwithstanding any other pro-
vision of law or the failure of a carrier to provide the
notice described in subsection (e)(1)(D), an alien
who applies for admission to the United States
under this section shall not be entitled—
‘‘(A) to review or appeal under this Act of
an immigration officer’s determination as to the