Notes on 8 U.S.C. § 1221 : US Code - Notes

Search Notes on 8 U.S.C. § 1221 : US Code - Notes

(June 27, 1952, ch. 477, title II, ch. 4, Sec. 231, 66 Stat. 195;
Pub. L. 97-116, Sec. 18(g), Dec. 29, 1981, 95 Stat. 1620; Pub. L.
101-649, title V, Sec. 543(a)(1), Nov. 29, 1990, 104 Stat. 5057;
Pub. L. 102-232, title III, Sec. 306(c)(4)(A), Dec. 12, 1991, 105
Stat. 1752; Pub. L. 104-208, div. C, title III, Sec. 308(g)(1),
Sept. 30, 1996, 110 Stat. 3009-622; Pub. L. 107-77, title I, Sec.
115, Nov. 28, 2001, 115 Stat. 768; Pub. L. 107-173, title IV, Sec.
402(a), May 14, 2002, 116 Stat. 557.)
AMENDMENTS                            
2002 - Pub. L. 107-173 added subsecs. (a) to (i), redesignated
former subsec. (c) as (j), and struck out former subsecs. (a), (b),
(d), and (e), which related to shipment or aircraft manifest,
arrival, form and contents, exclusions in subsec. (a), departure,
shipment or aircraft manifest, form and contents, and exclusions in
subsec. (b), penalties against noncomplying shipments or aircraft
in subsec. (d), and waiver of requirements in subsec. (e).
2001 - Subsec. (a). Pub. L. 107-77, Sec. 115(a), amended subsec.
(a) generally. Prior to amendment subsec. (a) read as follows:
"Upon the arrival of any person by water or by air at any port
within the United States from any place outside the United States,
it shall be the duty of the master or commanding officer, or
authorized agent, owner, or consignee of the vessel or aircraft,
having any such person on board to deliver to the immigration
officers at the port of arrival typewritten or printed lists or
manifests of the persons on board such vessel or aircraft. Such
lists or manifests shall be prepared at such time, be in such form
and shall contain such information as the Attorney General shall
prescribe by regulation as being necessary for the identification
of the persons transported and for the enforcement of the
immigration laws. This subsection shall not require the master or
commanding officer, or authorized agent, owner, or consignee of a
vessel or aircraft to furnish a list or manifest relating (1) to an
alien crewman or (2) to any other person arriving by air on a trip
originating in foreign contiguous territory, except (with respect
to such arrivals by air) as may be required by regulations issued
pursuant to section 1224 of this title."
Subsec. (b). Pub. L. 107-77, Sec. 115(b), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: "It
shall be the duty of the master or commanding officer or authorized
agent of every vessel or aircraft taking passengers on board at any
port of the United States, who are destined to any place outside
the United States, to file with the immigration officers before
departure from such port a list of all such persons taken on board.
Such list shall be in such form, contain such information, and be
accompanied by such documents, as the Attorney General shall
prescribe by regulation as necessary for the identification of the
persons so transported and for the enforcement of the immigration
laws. No master or commanding officer of any such vessel or
aircraft shall be granted clearance papers for his vessel or
aircraft until he or the authorized agent has deposited such list
or lists and accompanying documents with the immigration officer at
such port and made oath that they are full and complete as to the
information required to be contained therein, except that in the
case of vessels or aircraft which the Attorney General determines
are making regular trips to ports of the United States, the
Attorney General may, when expedient, arrange for the delivery of
lists of outgoing persons at a later date. This subsection shall
not require the master or commanding officer, or authorized agent,
owner, or consignee of a vessel or aircraft to furnish a list or
manifest relating (1) to an alien crewman or (2) to any other
person departing by air on a trip originating in the United States
who is destined to foreign contiguous territory, except (with
respect to such departure by air) as may be required by regulations
issued pursuant to section 1224 of this title."
Subsec. (d). Pub. L. 107-77, Sec. 115(c), directed amendment of
heading by substituting "shipments, aircraft or carriers" for
"shipments or aircraft" and, in text inserted ", any public or
private carrier," after "or aircraft," in first sentence and
substituted "vessel, aircraft, train or bus" for "vessel or
aircraft" in second sentence.
1996 - Subsecs. (a), (b). Pub. L. 104-208 substituted "section
1224" for "section 1229".
1991 - Subsec. (d). Pub. L. 102-232 substituted "Commissioner"
for "collector of customs" after "deposit with the".
1990 - Subsec. (d). Pub. L. 101-649 substituted "Commissioner the
sum of $300" for "collector of customs at the port of arrival or
departure the sum of $10".
1981 - Subsec. (d). Pub. L. 97-116 substituted "subsection" for
"subsections".
EFFECTIVE DATE OF 2002 AMENDMENT                 
Pub. L. 107-173, title IV, Sec. 402(c), May 14, 2002, 116 Stat.
559, provided that: "The amendments made by subsection (a)
[amending this section] shall apply with respect to persons
arriving in, or departing from, the United States on or after the
date of enactment of this Act [May 14, 2002]."
EFFECTIVE DATE OF 1996 AMENDMENT                 
Amendment by Pub. L. 104-208 effective, with certain transitional
provisions, on the first day of the first month beginning more than
180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT                 
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see
section 310(1) of Pub. L. 102-232, set out as a note under section
1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT                 
Section 543(c) of Pub. L. 101-649 provided that: "The amendments
made by subsections (a) and (b) [amending this section and sections
1227, 1229, 1282, 1284 to 1287, 1321 to 1323, and 1325 to 1328 of
this title] shall apply to actions taken after the date of the
enactment of this Act [Nov. 29, 1990]."
EFFECTIVE DATE OF 1981 AMENDMENT                 
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of
this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
FUNCTIONS
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of this title.
EXTENSION TO LAND CARRIERS                    
Pub. L. 107-173, title IV, Sec. 402(b), May 14, 2002, 116 Stat.
559, provided that:
"(1) Study. - The President shall conduct a study regarding the
feasibility of extending the requirements of subsections (a) and
(b) of section 231 of the Immigration and Nationality Act (8 U.S.C.
1221), as amended by subsection (a), to any commercial carrier
transporting persons by land to or from the United States. The
study shall focus on the manner in which such requirement would be
implemented to enhance the national security of the United States
and the efficient cross-border flow of commerce and persons.
"(2) Report. - Not later than two years after the date of
enactment of this Act [May 14, 2002], the President shall submit to
Congress a report setting forth the findings of the study conducted
under paragraph (1)."