[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1358 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1358

  To amend the Immigration and Nationality Act to improve immigration 
 enforcement and anti-smuggling activities, to reform the asylum law, 
and to authorize appropriations for the Immigration and Naturalization 
                                Service.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 4 (legislative day, June 30), 1993

 Mr. Johnston introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to improve immigration 
 enforcement and anti-smuggling activities, to reform the asylum law, 
and to authorize appropriations for the Immigration and Naturalization 
                                Service.

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

SECTION 1. SHORT TITLE; AMENDMENTS MADE BY ACT; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Immigration 
Enforcement and Asylum Reform Act of 1993''.
    (b) Amendments to Immigration and Nationality Act.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Immigration and Nationality 
Act.
    (c) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; amendments made by Act; table of contents.
                      TITLE I--SMUGGLING AND FRAUD

Sec. 101. Inspection and exclusion by immigration officers.
Sec. 102. Enhanced penalties for alien smuggling.
Sec. 103. Effective date.
                            TITLE II--ASYLUM

Sec. 201. Asylum.
Sec. 202. Failure to appear for provisional asylum hearing; judicial 
                            review.
Sec. 203. Conforming amendments.
Sec. 204. Effective dates.
                         TITLE III--INSPECTIONS

Sec. 301. Preinspection at foreign airports.
Sec. 302. Expediting airport immigration processing.
Sec. 303. Visa waiver program.
Sec. 304. Training of airline personnel in detection of fraudulent 
                            documents.
   TITLE IV--AUTHORIZATION OF APPROPRIATIONS FOR THE IMMIGRATION AND 
                         NATURALIZATION SERVICE

Sec. 401. Authorization of appropriations for I.N.S. for fiscal years 
                            1994 and 1995.

                      TITLE I--SMUGGLING AND FRAUD

SEC. 101. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

    (a) In General.--Section 235(b) (8 U.S.C. 1225(b)) is amended to 
read as follows:
    ``(b) Inspection and Exclusion by Immigration Officers.--
            ``(1) An immigration officer shall inspect each alien who 
        is seeking entry to the United States.
            ``(2)(A) If the examining immigration officer determines 
        that an alien seeking entry--
                    ``(i) does not present the documentation required 
                (if any) to obtain legal entry to the United States; 
                and
                    ``(ii) does not indicate either an intention to 
                apply for provisional asylum (under section 208) or a 
                fear of persecution,
        the officer shall order the alien excluded from the United 
        States without further hearing or review.
            ``(B) The examining immigration officer shall refer for 
        immediate inspection at the port of entry by an asylum officer 
        under subparagraph (C) any alien who (i) does not present the 
        documentation required (if any) to obtain legal entry to the 
        United States, and (ii) has indicated an intention to apply for 
        provisional asylum or a fear of persecution.
            ``(C)(i) If an asylum officer determines that an alien has 
        a credible fear of persecution, the alien shall be entitled to 
        apply for provisional asylum under section 208.
            ``(ii)(I) Subject to subclause (II), if an asylum officer 
        determines that an alien does not have a credible fear of 
        persecution the officer shall order the alien excluded from the 
        United States without further hearing or review.
            ``(II) The Attorney General shall promulgate regulations to 
        provide for the immediate review by another asylum officer at 
        the port of entry of a decision under subclause (I).
            ``(iii) For the purposes of this subparagraph, the term 
        `credible fear of persecution' means (I) that it is more 
        probable than not that the statements made by the alien in 
        support of his or her claim are true, and (II) that there is a 
        significant possibility, in light of such statements and of 
        such other facts as are known to the officer that the alien 
        could establish eligibility for provisional asylum under 
        section 208.
            ``(iv) Notwithstanding any other provision of law, no court 
        shall have jurisdiction to review, except by petition for 
        habeas corpus, any determination made with respect to an alien 
        found excludable pursuant to this paragraph. In any such case, 
        review by habeas corpus shall be limited to examination of 
        whether the petitioner (I) is an alien, and (II) was ordered 
        excluded from the United States pursuant to this paragraph.
            ``(3)(A) Except as provided in subparagraph (B), if the 
        examining immigration officer determines that an alien seeking 
        entry is not clearly and beyond a doubt entitled to enter, the 
        alien shall be detained for a hearing before a special inquiry 
        officer.
            ``(B) The provisions of subparagraph (A) shall not apply--
                    ``(i) to an alien crewman,
                    ``(ii) to an alien described in paragraph (2)(A) or 
                2(C)(ii)(I), or
                    ``(iii) if the conditions described in section 
                273(d) exist.
            ``(4) The decision of the examining immigration officer, if 
        favorable to the admission of any alien, shall be subject to 
        challenge by any other immigration officer and such challenge 
        shall operate to take the alien, whose privilege to enter is so 
        challenged, before a special inquiry officer for a hearing on 
        exclusion of the alien.
            ``(5)(A) Subject to subparagraph (B), an alien has not 
        entered the United States for purposes of this Act unless and 
        until such alien has been inspected and admitted by an 
        immigration officer pursuant to this subsection.
            ``(B) An alien who (i) is physically present in the United 
        States, (ii) has been physically present in the United States 
        for a continuous period of one year, and (iii) has not been 
        inspected and admitted by an immigration officer shall be 
        deemed to have entered the United States without inspection.''.
    (b) Conforming Amendments.--Section 237(a) (8 U.S.C. 1227(a)) is 
amended--
            (1) in the second sentence of paragraph (1) by striking 
        ``Deportation'' and inserting ``Subject to section 235(b)(2), 
        deportation''; and
            (2) in the first sentence of paragraph (2) by striking 
        ``If'' and inserting ``Subject to section 235(b)(2), if''.

SEC. 102. ENHANCED PENALTIES FOR ALIEN SMUGGLING.

    (a) Additional Criminal Penalty.--Section 274(a)(1) (8 U.S.C. 
1324(a)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (C),
            (2) by striking the comma at the end of subparagraph (D) 
        and inserting ``; or'',
            (3) by inserting after subparagraph (D) the following:
            ``(E) contracts or agrees with another party for that party 
        to provide, for employment by the person or another, an alien 
        who is not authorized to be employed in the United States, 
        knowing that such party intends to cause such alien to be 
        brought into the United States in violation of the laws of the 
        United States,'', and
            (4) by striking ``five years'' and inserting ``ten years''.
    (b) Treatment of Smuggling as an Aggravated Felony.--The first 
sentence of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by 
inserting ``or any offense under section 274(a)'' before ``for which 
the term of imprisonment''.

SEC. 103. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided, the amendments made 
by this title shall take effect on the date of the enactment of this 
Act and shall apply to aliens who arrive in or seek admission to the 
United States on or after such date.
    (b) Smuggling.--The amendment made by section 102(b) shall apply to 
offenses for which convictions are entered before, on, or after the 
date of the enactment of this Act.
    (c) Interim Reference to Provisional Asylum.--Any reference in 
section 235(b)(2) of the Immigration and Nationality Act (as amended by 
section 101(a) of this Act) to provisional asylum under section 208 of 
the Immigration and Nationality Act shall be deemed, before the 
effective date of the amendment made by section 201(a), to be a 
reference to asylum under section 208 of such Act.

                            TITLE II--ASYLUM

SEC. 201. ASYLUM.

    (a) In General.--Section 208 (8 U.S.C. 1158) is amended to read as 
follows:

                                ``asylum

    ``Sec. 208. (a) Provisional Asylum.--
            ``(1) Right to apply.--An alien physically present in the 
        United States or at a land border or port of entry, 
        irrespective of such alien's status, may apply for provisional 
        asylum in accordance with this section.
            ``(2) Conditions for granting.--
                    ``(A) Mandatory cases.--The Attorney General shall 
                grant provisional asylum to an alien if the alien 
                applies for provisional asylum in accordance with the 
                requirements of this section and establishes that it is 
                more likely than not that in the alien's country of 
                nationality (or, in the case of a person having no 
                nationality, the country in which such alien last 
                habitually resided) such alien's life or freedom would 
                be threatened on account of race, religion, 
                nationality, membership in a particular social group, 
                or political opinion.
                    ``(B) Discretionary cases.--The Attorney General 
                may grant provisional asylum to an alien if the alien 
                applies for provisional asylum in accordance with the 
                requirements of this section and establishes that the 
                alien has good reason to fear persecution in the 
                alien's country of nationality (or, in the case of a 
                person having no nationality, the country in which such 
                alien last habitually resided) on account of race, 
                religion, nationality, membership in a particular 
                social group, or political opinion.
                    ``(C) Exception.--Subparagraphs (A) and (B) shall 
                not apply to an alien if the Attorney General 
                determines that--
                            ``(i) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion;
                            ``(ii) the alien, having been convicted by 
                        a final judgment of a particularly serious 
                        crime, constitutes a danger to the community of 
                        the United States;
                            ``(iii) there are serious reasons for 
                        believing that the alien has committed a 
                        serious nonpolitical crime outside the United 
                        States prior to the arrival of the alien in the 
                        United States;
                            ``(iv) there are reasonable grounds for 
                        regarding the alien as a danger to the security 
                        of the United States; or
                            ``(v) a country willing to accept the alien 
                        has been identified (other than the country 
                        described in subparagraph (A)) to which the 
                        alien can be deported or returned and the alien 
                        does not establish that it is more likely than 
                        not that the alien's life or freedom would be 
                        threatened in such country on account of race, 
                        religion, nationality, membership in a 
                        particular social group, or political opinion.
                    For purposes of clause (ii), an alien who has been 
                convicted of an aggravated felony shall be considered 
                to have committed a particularly serious crime. The 
                Attorney General shall promulgate regulations that 
                specify additional crimes that will be considered to be 
                a crime described in clause (ii) or clause (iii). The 
                Attorney General shall promulgate regulations 
                establishing such additional limitations and conditions 
                as the Attorney General considers appropriate under 
                which an alien shall be ineligible to apply for 
                provisional asylum under subparagraph (B).
            ``(3) Provisional asylum status.--In the case of any alien 
        granted provisional asylum under paragraph (2), the Attorney 
        General, in accordance with this section--
                    ``(A) shall not deport or return the alien to the 
                country described under paragraph (2)(A);
                    ``(B) shall authorize the alien to engage in 
                employment in the United States and provide the alien 
                with an `employment authorized' endorsement or other 
                appropriate work permit; and
                    ``(C) may allow the alien to travel abroad with the 
                prior consent of the Attorney General.
            ``(4) Termination.--Provisional asylum granted under 
        paragraph (2) may be terminated if the Attorney General, 
        pursuant to such regulations as the Attorney General may 
        prescribe, determines that--
                    ``(A) the alien no longer meets the conditions 
                described in paragraph (2) owing to a change in 
                circumstances in the alien's country of nationality or, 
                in the case of an alien having no nationality, in the 
                country in which the alien last habitually resided;
                    ``(B) the alien meets a condition described in 
                paragraph (2)(C); or
                    ``(C) a country willing to accept the alien has 
                been identified (other than the country described in 
                paragraph (2)) to which the alien can be deported or 
                returned and the alien cannot establish that it is more 
                likely than not that the alien's life or freedom would 
                be threatened in such country on account of race, 
                religion, nationality, membership in a particular 
                social group, or political opinion.
            ``(5) Acceptance by another country.--In the case of an 
        alien described in paragraph (2)(C)(v) or paragraph (4)(C), the 
        alien's deportation or return shall be directed by the Attorney 
        General in the sole discretion of the Attorney General, to any 
        country which is willing to accept the alien into its territory 
        (other than the country described in paragraph (2)).
    ``(b) Provisional Asylum Procedure.--
            ``(1) Applications.--
                    ``(A) In general.--
                            ``(i) Deadline.--Subject to clause (ii), an 
                        alien's application for provisional asylum 
                        shall not be considered under this section 
                        unless--
                                    ``(I) the alien has filed, not 
                                later than 30 days after entering or 
                                coming to the United States, notice of 
                                intention to file such an application, 
                                and
                                    ``(II) such application is actually 
                                filed not later than 60 days after 
                                entering or coming to the United 
                                States.
                            ``(ii) Exception.--An application for 
                        provisional asylum may be considered, 
                        notwithstanding that the requirements of clause 
                        (i) have not been met, only if the alien 
                        demonstrates by clear and convincing evidence 
                        changed circumstances in the alien's country of 
                        nationality (or in the case of an alien with no 
                        nationality, in the country where the alien 
                        last habitually resided) affecting eligibility 
                        for provisional asylum.
                    ``(B) Requirements.--An application for provisional 
                asylum shall not be considered unless the alien submits 
                to the taking of fingerprints and a photograph in a 
                manner determined by the Attorney General.
                    ``(C) Fees.--The Attorney General may provide for a 
                reasonable fee for the consideration of an application 
                for provisional asylum or for any employment 
                authorization under subsection (a)(3)(B).
                    ``(D) Notice of privilege of counsel and 
                consequences of frivolous application.--
                            ``(i) Notice.--At the time of filing a 
                        notice of intention to apply for provisional 
                        asylum, the alien shall be advised of the 
                        privilege of being represented (at no expense 
                        to the Government) by such counsel, authorized 
                        to practice in such proceedings, as the alien 
                        shall choose and of the consequences, under 
                        subsection (d), of filing a frivolous 
                        application for provisional asylum.
                            ``(ii) Provision of list of counsel.--The 
                        Attorney General shall provide for lists 
                        (updated not less often than quarterly) of 
                        persons who have indicated their availability 
                        to represent pro bono aliens in provisional 
                        asylum proceedings. Such lists shall be 
                        provided to the alien at the time of filing of 
                        notice of intention to apply for provisional 
                        asylum, and otherwise be made generally 
                        available.
            ``(2) Consideration of applications; hearings.--
                    ``(A) Asylum officers.--Applications for 
                provisional asylum shall be considered by officers of 
                the Service (referred to in this Act as `asylum 
                officers') who are specially designated by the Service 
                as having special training and knowledge of 
                international conditions and human rights records of 
                foreign countries. Pending the designation of such 
                officers, individuals who as of the date of the 
                enactment of the Immigration Enforcement and Asylum 
                Reform Act of 1993 are authorized to perform duties as 
                asylum officers shall be deemed to be qualified to be 
                asylum officers for purposes of this Act.
                    ``(B) Scheduling of hearings.--
                            ``(i) In general.--Upon the filing of an 
                        application for provisional asylum, an asylum 
                        officer, at the earliest practicable time and 
                        after consultation with the attorney for the 
                        Government and the attorney (if any) for the 
                        applicant, shall set the application for 
                        hearing on a day certain or list it on a weekly 
                        or other short-term calendar, so as to assure a 
                        speedy hearing.
                            ``(ii) Deadline.--Unless the applicant (or 
                        an attorney for the applicant) consents in 
                        writing to the contrary, the hearing on the 
                        provisional asylum application shall commence 
                        not later than 45 days after the date the 
                        application was filed.
                    ``(C) Public hearings.--A hearing on a provisional 
                asylum application shall be open to the public unless 
                the applicant requests that it be closed to the public.
                    ``(D) Rights in hearings.--The officer shall 
                conduct the hearing in a nonadversarial manner. During 
                such hearing, the applicant shall have the privilege of 
                the assistance and participation of counsel (as 
                provided under paragraph (1)(D)) and shall be entitled 
                to present evidence and witnesses, to examine and 
                object to evidence presented by the Government, and to 
                cross-examine all witnesses presented by the 
                Government.
                    ``(E) Country conditions.--An officer may request 
                opinions regarding country conditions from the 
                Secretary of State, but shall not request or consider 
                recommendations from the Secretary of State as to 
                whether a particular named individual should or should 
                not be granted provisional asylum.
                    ``(F) Transcript of hearings.--A complete record of 
                the proceedings and of all testimony and evidence 
                produced at the hearing shall be kept. The hearing 
                shall be recorded verbatim. The Attorney General and 
                the Service shall provide that a transcript of a 
                hearing held under this section is made available not 
                later than 10 days after the date of completion of the 
                hearing.
                    ``(G) Deadline for determinations on 
                applications.--The officer shall render a determination 
                on the application not later than 30 days after the 
                date of completion of the hearing. The determination of 
                the officer shall be based only on the evidence 
                produced at the hearing.
                    ``(H) Resource allocation.--The Attorney General 
                shall allocate sufficient resources so as to assure 
                that applications for provisional asylum are heard and 
                determined on a timely basis. However, nothing in this 
                paragraph relating to scheduling or deadlines shall be 
                construed as creating any right or benefit, substantive 
                or procedural, which is legally enforceable by any 
                party against the United States, its agencies, its 
                officers, or any other person.
                    ``(I) Sanctions for failure to appear.--
                            ``(i) Subject to clause (ii), the 
                        application for provisional asylum of an alien 
                        who does not appear for a hearing on such 
                        application shall be summarily dismissed unless 
                        the alien can show exceptional circumstances 
                        (as defined in section 242B(f)(2)) as 
                        determined by the asylum officer.
                            ``(ii) Clause (i) shall not apply if 
                        written and oral notice were not provided as 
                        required by section 242B(e)(4)(B).
                    ``(J) Finality of determinations.--
                            ``(i) In general.--The decision of the 
                        asylum officer shall be the final 
                        administrative determination of a claim for 
                        provisional asylum.
                            ``(ii) Treatment of cases in exclusion or 
                        deportation.--If proceedings are instituted 
                        against an alien under section 235 or 242 of 
                        this Act and the alien files an application for 
                        provisional asylum based on circumstances 
                        described in subsection (b)(1)(A)(ii), the 
                        asylum officer shall render, on an expedited 
                        basis, a decision on the application.
    ``(c) Asylum.--
            ``(1) Adjustment of status.--Under such regulations as the 
        Attorney General may prescribe, the Attorney General shall 
        adjust to the status of an alien granted asylum the status of 
        any alien granted provisional asylum under subsection (a)(2)(A) 
        who--
                    ``(A) applies for such adjustment;
                    ``(B) has been physically present in the United 
                States for at least 1 year after being granted 
                provisional asylum;
                    ``(C) continues to be eligible for provisional 
                asylum under this section; and
                    ``(D) is admissible under this Act at the time of 
                examination for adjustment of status under this 
                subsection.
            ``(2) Treatment of spouse and children.--A spouse or child 
        (as defined in section 101(b) (A), (B), (C), (D), or (E)) of an 
        alien whose status is adjusted to that of an alien granted 
        asylum under paragraph (a)(2) may be granted the same status as 
        the alien if accompanying, or following to join, such alien.
            ``(3) Application fees.--The Attorney General may impose a 
        reasonable fee for the filing of an application for asylum 
        under this subsection.
    ``(d) Denial of Immigration Benefits for Frivolous Applications.--
            ``(1) In general.--If the asylum officer determines that an 
        alien has made a frivolous application for provisional asylum 
        under this section and the alien has received the notice under 
        subsection (b)(1)(D)(i), the alien shall be permanently 
        ineligible for any benefits under this Act, effective as of the 
        date of a final determination on such application.
            ``(2) Treatment of material misrepresentations.--For 
        purposes of this subsection, an application considered to be 
        `frivolous' includes, but is not limited to, an application 
        which contains a willful misrepresentation or concealment of a 
        material fact.''.
    (b) Clerical Amendment.--The item in the table of contents relating 
to section 208 is amended to read as follows:

``Sec. 208. Asylum.''.

SEC. 202. FAILURE TO APPEAR FOR PROVISIONAL ASYLUM HEARING; JUDICIAL 
              REVIEW.

    (a) Failure to Appear for Provisional Asylum Hearing.--Section 
242B(e)(4) (8 U.S.C. 1252b(e)(4)) is amended--
            (1) in the heading, by striking ``asylum'' and inserting 
        ``provisional asylum'';
            (2) by striking ``asylum'' each place it appears and 
        inserting ``provisional asylum''; and
            (3) in subparagraph (A), by striking all after clause (iii) 
        and inserting ``shall not be eligible for any benefits under 
        this Act.''.
    (b) Judicial Review.--Section 106 (8 U.S.C. 1105a) is amended by 
adding at the end the following subsection:
    ``(d) The procedure prescribed by, and all the provisions of 
chapter 158 of title 28, United States Code, shall apply to, and shall 
be the sole and exclusive procedure for, the judicial review of all 
final orders granting or denying provisional asylum, except that--
            ``(1) a petition for review may be filed not later than 90 
        days after the date of the issuance of the final order granting 
        or denying provisional asylum;
            ``(2) the venue of any petition for review under this 
        subsection shall be in the judicial circuit in which the 
        administrative proceedings before an asylum officer were 
        conducted in whole or in part, or in the judicial circuit 
        wherein is the residence, as defined in this Act, of the 
        petitioner, but not in more than one circuit; and
            ``(3) notwithstanding any other provision of law, a 
        determination granting or denying provisional asylum based on 
        changed circumstances pursuant to section 208(b)(1)(A)(ii) 
        shall be in the sole discretion of the asylum officer.''.

SEC. 203. CONFORMING AMENDMENTS.

    (a) Limitation on Deportation.--Section 243 (8 U.S.C. 1253) is 
amended by striking subsection (h).
    (b) Adjustment of Status.--Section 209(b) (8 U.S.C. 1159(b)) is 
amended--
            (1) in paragraph (2) by striking ``one year'' and inserting 
        ``2 years''; and
            (2) by amending paragraph (3) to read as follows:
            ``(3) continues to be eligible for provisional asylum under 
        section 208,''.
    (c) Aliens Ineligible for Temporary Protected Status.--Section 
244A(c)(2)(B)(ii) (8 U.S.C. 1254a(c)(2)(B)(ii)) is amended by striking 
``section 243(h)(2)'' and inserting ``clauses (i), (ii), (iii), or (iv) 
of section 208(a)(2)(B)''.
    (d) Eligibility for Naturalization.--Section 316(f)(1) (8 U.S.C. 
1427(f)(1)) is amended by striking ``subparagraphs (A) through (D) of 
paragraph 243(h)(2)'' and inserting ``clauses (i), (ii), (iii), or (iv) 
of section 208(a)(2)(B).''.
    (e) Family Unity.--Section 301(e) of the Immigration Act of 1990 
(P.L. 101-649) is amended by striking ``section 243(h)(2)'' and 
inserting ``clauses (i), (ii), (iii), or (iv) of section 
208(a)(2)(B).''.

SEC. 204. EFFECTIVE DATES.

    (a) In General.--Except as otherwise provided, the amendments made 
by this title shall take effect on the date of the enactment of this 
Act.
    (b) Exceptions.--
            (1) The amendments made by this title shall not apply to 
        applications for asylum or withholding of deportation made 
        before the first day of the first month that begins more than 
        180 days after the date of the enactment of this Act and no 
        application for provisional asylum under section 208 of the 
        Immigration and Nationality Act (as amended by section 201 of 
        this Act) shall be considered before such first day.
            (2) In applying section 208(b)(1)(A) of the Immigration and 
        Nationality Act (as amended by this title) in the case of an 
        alien who has entered or came to the United States before the 
        first day described in paragraph (1), notwithstanding the 
        deadlines specified in such section--
                    (A) the deadline for the filing of a notice of 
                intention to file an application for provisional asylum 
                is 30 days after such first day, and
                    (B) the deadline for the filing of the application 
                for provisional asylum is 30 days after the date of 
                filing such notice.
            (3) The amendments made by section 203(b) (relating to 
        adjustment of status) shall not apply to aliens granted asylum 
        under section 208 of the Immigration and Nationality Act, as in 
        effect before the date of the enactment of this Act.

                         TITLE III--INSPECTIONS

SEC. 301. 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 is amended by 
inserting after the item relating to section 235 the following new 
item:

``Sec. 235A. Preinspection at foreign airports.''.

SEC. 302. EXPEDITING AIRPORT IMMIGRATION PROCESSING.

    (a) Passenger Manifests.--
            (1) Electronic passenger manifests.--Section 231(a) (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) (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) (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) Expedited Process for the Inspection of Citizens.--
            (1) In general.--Section 235A, as inserted by section 
        301(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 
        relating to section 235A, as inserted by section 301(b) of this 
        Act, is amended to read as follows:

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

SEC. 303. VISA WAIVER PROGRAM.

    (a) Permanency of Program.--Section 217 (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 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) (8 U.S.C. 1187(b)) 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 provisional 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) (8 U.S.C. 1187(e)(1)) 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 relating 
to section 217 is amended to read as follows:

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

SEC. 304. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF FRAUDULENT 
              DOCUMENTS.

    (a) Use of Funds.--Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is 
amended--
            (1) in clause (iv), by inserting ``, including training of, 
        and technical assistance to, commercial airline personnel on 
        such detection'' after ``United States'', and
            (2) by adding at the end the following:
``The Attorney General shall provide for expenditures for training and 
assistance described in clause (iv) in an amount, for any fiscal year, 
not less than 5 percent of the total of the expenses incurred that are 
described in the previous sentence.''.
    (b) Compliance With Detection Regulations.--Section 212(f) (8 
U.S.C. 1182(f)) is amended by adding at the end the following: 
``Whenever the Attorney General finds that a commercial airline has 
failed to comply with regulations of the Attorney General relating to 
requirements of airlines for the detection of fraudulent documents used 
by passengers traveling to the United States (including the training of 
personnel in such detection), the Attorney General may suspend the 
entry of some or all aliens transported to the United States by such 
airline.''.
    (c) Effective Dates.--
            (1) The amendments made by subsection (a) shall apply to 
        expenses incurred during or after fiscal year 1994.
            (2) The Attorney General shall first issue, in proposed 
        form, regulations referred to in the second sentence of section 
        212(f) of the Immigration and Nationality Act, as added by the 
        amendment made by subsection (b), by not later than 90 days 
        after the date of the enactment of this Act.

   TITLE IV--AUTHORIZATION OF APPROPRIATIONS FOR THE IMMIGRATION AND 
                         NATURALIZATION SERVICE

SEC. 401. AUTHORIZATION OF APPROPRIATIONS FOR I.N.S. FOR FISCAL YEARS 
              1994 AND 1995.

    (a) In General.--There are authorized to be appropriated for the 
Immigration and Naturalization Service--
            (1) for fiscal year 1994, $1,082,038,100, of which 
        $413,224,900 are authorized to be appropriated for the 
        operation of the Border Patrol and $27,434,000 are authorized 
        to be appropriated for anti-smuggling activities; and
            (2) for fiscal year 1995, $1,154,885,900, of which 
        $454,547,000 are authorized to be appropriated for the 
        operation of the Border Patrol and $31,277,400 are authorized 
        to be appropriated for anti-smuggling activities.
Of the amounts authorized to be appropriated under this subsection, 
such sums as may be necessary are authorized to be available to provide 
by October 1, 1996, for not less than a 100 percent increase in the 
average number of asylum officers from the period for fiscal year 1993.
    (b) Activities Included.--The amounts provided pursuant to 
subsection (a) for a fiscal year include--
            (1) funds for the purchase for police-type use of passenger 
        motor vehicles, without regard to the general purchase price 
        limit for the fiscal year involved, and for the hire of 
        passenger motor vehicles;
            (2) funds for the acquisition, lease, maintenance, and 
        operation of aircraft;
            (3) funds for the purchase of uniforms without regard to 
        the general purchase price limitation for the fiscal year 
        involved;
            (4) not to exceed $50,000 to meet unforeseen emergencies of 
        a confidential character to be expended under the direction of 
        the Attorney General and to be accounted for solely on the 
        certificate of the Attorney General; and
            (5) not to exceed $500,000 of those sums appropriated for 
        research and $17,188,000 of those funds appropriated for 
        construction, which amounts shall remain available until 
        expended.
    (c) Limitation on Overtime.--None of the funds available to the 
Immigration and Naturalization Service under this section shall be 
available for administrative expenses to pay any employee overtime pay 
in an amount in excess of $25,000 for a fiscal year involved.

                                 <all>

S 1358 IS----2
S 1358 IS----3