[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1153 Introduced in House (IH)]

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 Representatives 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 Airports.--Subject to subsection (c), not later than 2 
years after the date of the enactment of this section, the Attorney 
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 foreign airports which the Attorney 
General identifies as serving as last points of departure for the 
greatest numbers of passengers who arrive from abroad by air at ports 
of entry within the United States. Such preinspection stations shall be 
in addition to any preinspection stations established or authorized to 
be established prior to the date of the enactment of this section.
    ``(b) Establishment of Additional Preinspection Stations at Certain 
Foreign Airports 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 airports which 
        served as last points of departure for aliens who arrived by 
        air at United States ports of entry without valid documentation 
        during the preceding 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 arrive 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 consultant program.--The 
        Attorney General shall assign additional immigration officers 
        to any foreign airport 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 station is to 
        be established maintains practices and procedures 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 either 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 Execution 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 paragraphs (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.--Section 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 determination that 
                an applicant for admission under this section is not 
                clearly and beyond a doubt entitled to land shall 
                constitute a final order of exclusion and deportation, 
                enforceable pursuant to section 237. Pending such a 
                determination, the Attorney General may maintain such 
                applicant 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 
                deportation. Pending such determination, the Attorney 
                General may maintain such alien in custody.
                    ``(B) The procedure described in section 242 shall 
                not apply to an order issued under this paragraph.
            ``(3) Review.--Notwithstanding any other provision 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 
                admissibility of the alien at the port of entry into 
                the United States, or
                    ``(B) subject to paragraph (4), to contest an 
                immigration officer's determination under paragraph 
                (2).
            ``(4) Asylum.--The Attorney General shall establish a 
        procedure for an alien who is applying for admission under this 
        section or who has been admitted under this section to apply 
        for asylum under section 208.
            ``(5) Treatment of Nationals of Visa Waiver Countries.--An 
        alien who--
                    ``(A) is a national of a visa waiver program 
                country or claims to be a national of a visa waiver 
                country, and
                    ``(B) is not in possession of a valid visa, shall 
                be considered to be an applicant for admission under 
                this section.''.
    (d) Carrier Agreements.--Section 217(e)(1) of such Act is amended--
            (1) in subparagraph (B) by striking ``and'';
            (2) in subparagraph (C) by striking the period at the end 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) to provide passengers applying for admission 
                to the United States under this section with written 
                notification that they are not entitled (i) to any 
                appeal or review of an immigration officer's 
                determination of admissibility, or (ii) to contest any 
                action for deportation.''.
    (e) Clerical Amendment.--The item in the table of contents of such 
Act relating to section 217 is amended to read as follows:

``Sec. 217. Visa waiver program for certain visitors.''.

SEC. 4. EXPEDITING AIRPORT IMMIGRATION PROCESSING.

    (a) Passenger Manifests.--
            (1) Electronic passenger manifests.--Section 231(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1221(a)) is amended 
        in the first sentence by striking ``typewritten'' and inserting 
        ``electronic, typewritten,''.
            (2) Information contained in passenger manifest.--Section 
        231(a) of such Act (8 U.S.C. 1221(a)) is further amended by 
        inserting immediately before the period at the end of the 
        second sentence ``, except that regulations concerning the 
        information contained in such lists may not require information 
        other than the full name, date of birth, passport number, and 
        citizenship of the person transported, and information 
        identifying the flight on which the person was transported''.
    (b) Inspection by Immigration Officers.--Section 235(a) of the 
Immigration and Nationality Act (8 U.S.C. 1225(a)) is amended by adding 
after the second sentence the following: ``Except as the Attorney 
General may provide, nothing in this section shall be construed as 
requiring a personal interview in the conduct of an examination or 
inspection.''.
    (c) Provision of Immigration Inspection and Preinspection 
Services.--
            (1) In general.--Section 286 of the Immigration and 
        Nationality Act (8 U.S.C. 1356) is amended--
                    (A) in subsection (g) by striking ``forty-five'' 
                and inserting ``thirty''; and
                    (B) in subsection (l)--
                            (i) by striking ``forty-five'' and 
                        inserting ``thirty''; and
                            (ii) by striking ``March 31st'' and 
                        inserting ``January 31st''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to passengers arriving on or after 60 days after 
        the date of the enactment of this Act.
    (d) Expedited Process for the Inspection of Citizens.--
            (1) In general.--Section 235A of the Immigration and 
        Nationality Act, as inserted by section 1(a) of this Act, is 
        amended--
                    (A) in the heading, by adding at the end the 
                following: ``; expedited process for the inspection of 
                citizens'', and
                    (B) by adding at the end the following new 
                subsection:
                    ``(d) Expedited Process for the Inspection of 
                Citizens.--Not later than 90 days after the date of the 
                enactment of this section, the Attorney General shall 
                implement an expedited process for the inspection of 
                United States citizens upon arrival from abroad by air 
                at ports of entry within the United States. An 
                expedited process shall be maintained except during a 
                national or airport specific security emergency as 
                determined by the Attorney General.''.
            (2) Clerical amendment.--The item in the table of contents 
        of such Act relating to section 235A, as inserted by section 
        1(b) of this Act, is amended to read as follows:

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

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