I 

108TH CONGRESS 

1ST SESSION H. R. 3452

To improve homeland security. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 6, 2003

Mr. SESSIONS (for himself, Mr. DAVIS of Tennessee, Mr. SWEENEY, Mrs. 

MYRICK, Mr. TIBERI, Mr. WICKER, Mr. BRADLEY of New Hampshire, 

Mr. GARRETT of New Jersey, Mrs. CUBIN, Mr. BAKER, Mr. TOOMEY, 

Mr. CUNNINGHAM, Mr. SULLIVAN, Mr. BOYD, Mr. STENHOLM, and Mr. 

PETERSON of Minnesota) introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL

To improve homeland security.

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 ‘‘Visitor Information 

5 and Security Accountability (VISA) Act’’.
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1 TITLE I—BETTER MANAGEMENT 

2 OF WHO AND WHAT ENTERS 

3 THE UNITED STATES

4 SEC. 101. UNITED STATES VISITOR AND IMMIGRANT STA5 TUS TECHNOLOGY (US-VISIT) PROGRAM. 

6 (a) The Secretary of Homeland Security, in collabo7 ration with cabinet officials from US-VISIT stakeholder 

8 departments and agencies, shall—

9 (1) establish and charter an executive body, 

10 chaired by the Secretary’s designees, cochaired by 

11 the leadership from key stakeholder departments 

12 and agencies, and composed of appropriate senior13 level representatives from te Department of Home14 land Security and each stakeholder organization, to 

15 advise and direct the US-VISIT program; and 

16 (2) direct this executive body to immediately 

17 take steps to—

18 (A) ensure that the human capital and fi19 nancial resources are expeditiously provided to 

20 establish a fully functional and effective US21 VISIT program office and associated manage22 ment capability; 

23 (B) clarify the operational context within 

24 which US-VISIT must operate; and 
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1 (C) decide whether proposed US-VISIT in2 crements will produce mission value commensu3 rate with costs and risks and disclose to the 

4 Congressional Committees of Jurisdiction 

5 planned actions based on the body’s decisions. 

6 (b) The Secretary of Homeland Security, through the 

7 Under Secretary for Border and Transportation Security, 

8 shall direct the US-VISIT Program Director to expedi9 tiously establish an effective program management capa10 bility, including immediately—

11 (1) defining program office positional roles, re12 sponsibilities, and relationships; 

13 (2) developing and implementing a human cap14 ital strategy that provides for staffing these posi15 tions with individuals who have the requisite core 

16 competencies (knowledge, skills, and abilities); 

17 (3) developing and implementing a plan for sat18 isfying key Software Engineering Institute acquisi19 tion management controls, to include acquisition 

20 planning, solicitation, requirements development and 

21 management, project management, contractor track22 ing and oversight, evaluation, and transition to sup23 port; 

24 (4) developing and implementing a risk man25 agement plan and ensuring that all high risks and 
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1 their status are reported regularly to the executive 

2 body and Congressional Committees of Jurisdiction; 

3 (5) defining performance standards for each 

4 US-VISIT system increment that are measurable 

5 and reflect the limitations imposed by relying on ex6 isting systems to form these system increments; and 

7 (6) developing an analysis of incremental pro8 gram cost, benefits, and risks, and providing this 

9 analysis to the executive body, to assist it in the 

10 body’s deliberations and decisionmaking. 

11 (c) The Secretary of Homeland Security shall ensure 

12 that any officer or employee of the Department of Home13 land Security or the Department of State requiring access 

14 to the data contained in the US-VISIT system for any 

15 lawful purpose under the Immigration and Nationality Act 

16 is properly authorized to do so, including access for pur17 poses of representation of the Department of Homeland 

18 Security in removal proceedings under section 240 of such 

19 Act and adjudication of applications for benefits under 

20 such Act. 

21 SEC. 102. SECURE IDENTIFICATION DOCUMENTS. 

22 (a) Section 215 of the Immigration and Nationality 

23 Act (8 U.S.C. 1185) is amended—

24 (1) by adding new subsection (g) to read as fol25 lows: 
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1 ‘‘(g) SECURE IDENTIFICATION DOCUMENTS.—

2 ‘‘(1) The use by any person of any document 

3 designated as insecure by the Secretary of Homeland 

4 Security (hereafter ‘the Secretary’) for entry into or 

5 departure from the United States at any land, sea, 

6 or air port of entry, is prohibited. 

7 ‘‘(2) The use by any alien of any document des8 ignated as insecure by the Secretary to identify such 

9 aliens for purposes of transportation of persons by 

10 public or private conveyance in interstate commerce 

11 is prohibited. 

12 ‘‘(3) The Secretary may waive the prohibition 

13 in paragraph (1) for citizens and legal permanent 

14 residents of the United States whose identity has 

15 been verified by a designation or endorsement of 

16 such status on the identification document. 

17 ‘‘(4) The Secretary shall, upon demand, pay18 ment of a fee, and verification of identity, issue to 

19 any United States citizen a tamperproof counterfeit20 resistant secure identification card with biometric 

21 identifiers. No government agency or private person 

22 or entity may require any citizen to carry or produce 

23 such card for identification purposes.’’; and 

24 (2) by amending subsection (c) to add at the 

25 end the following: ‘‘The term ‘insecure document’ as 
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1 used in this section means a driver’s license, identi2 fication card, or other document issued by a State 

3 or any political subdivision thereof, or by a consular 

4 representative or agent of a foreign government in 

5 the United States, that may be issued to an alien 

6 who, on the date of issuance of such document, is 

7 unlawfully present in the United States after the ex8 piration of the period of stay authorized by the Sec9 retary or is present in the United States without 

10 being admitted or paroled.’’. 

11 (b) The Secretary shall issue the list of insecure docu12 ments described in section 215(c), as amended, within 60 

13 days of enactment of this Act. The Secretary shall update 

14 such list semiannually thereafter, or upon application by 

15 any State or foreign government that has demonstrated 

16 to the satisfaction of the Secretary that a travel or identi17 fication document issued by such jurisdiction is no longer 

18 insecure. 

19 (c) The provisions of section 215(g)(1), as amended, 

20 shall be effective 90 days after enactment of this Act. 

21 (d) The provisions of section 215(g)(2), as amended, 

22 shall be effective 120 days after enactment of this Act.
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1 SEC. 103. CONSULAR OFFICER INTERVIEWS OF ALL VISA 

2 APPLICANTS. 

3 (a) IN GENERAL.—Section 221 (8 U.S.C. 1201) is 

4 amended by adding at the end the following:

5 ‘‘(j) Prior to the issuance of an immigrant visa or 

6 initial issuance of a nonimmigrant visa to any alien, the 

7 consular officer shall require such alien to submit to an 

8 in-person interview in accordance with such regulations as 

9 may be prescribed.’’. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to carry out the amend12 ment made by subsection (a) such sums as may be nec13 essary. 

14 (c) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall be effective 6 months after the date 

16 of enactment of this Act. 

17 SEC. 104. CUSTOMS AND BORDER PROTECTION AGENCY 

18 STAFFING REPORT. 

19 In order to assess the status of current and projected 

20 staffing, the Customs and Border Protection Agency will 

21 submit to the Committees on Appropriations, the Senate 

22 Committee on Judicial Affairs, and the House Select Com23 mittee on Homeland Security not later than July 1, a de24 tailed staffing plan including—

25 (1) actual onboard personnel for FY03; 

26 (2) projected staffing for FY04; 
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1 (3) positions authorized but vacant; 

2 (4) full-time, part-time, and temporary fee3 funded positions; and 

4 (5) staffing at each port of entry and border 

5 area. 

6 SEC. 105. AIR INTERDICTION, OPERATIONS, MAINTENANCE, 

7 AND PROCUREMENT. 

8 For necessary expenses for the operations, mainte9 nance, and procurement of aircraft, and other related 

10 equipment of the air program, including operational train11 ing and mission-related travel, and rental payments for 

12 facilities occupied by the air interdiction and demand re13 duction programs, the operations of which include the fol14 lowing: the interdiction of unlawful controlled substances 

15 and other goods; the provision of support to Federal, 

16 State, and administration of laws enforced by the Bureau 

17 of Immigration and Customs Enforcement; and at the dis18 cretion of the Under Secretary for Border and Transpor19 tation Security, the provision of assistance to Federal, 

20 State, and local agencies in other law enforcement and 

21 emergency humanitarian efforts, $10,000,000, to remain 

22 available until expended. 
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1 SEC. 106. USE OF ARMY AND AIR FORCE TO SECURE THE 

2 BORDER. 

3 Section 1385 of title 18, United States Code, is 

4 amended by inserting after ‘‘execute the laws’’ the fol5 lowing: ‘‘other than at or near a border of the United 

6 States, or its functional equipment in order to prevent 

7 aliens, terrorists, drug smugglers, and weapons of mass 

8 destruction from entering the United States’’. 

9 SEC. 107. INCREASED PENALTIES FOR ALIEN SMUGGLING. 

10 Section 274(a) of the Immigration and Nationality 

11 Act (8 U.S.C. 1324(a)) is amended by adding at the end 

12 the following: 

13 ‘‘(4) In the case of a person who has brought 

14 an alien into the United States in violation of this 

15 subsection, the minimum sentence otherwise pro16 vided for shall be increased by 10 years.’’.

17 SEC. 108. ADMINISTRATIVE REMOVAL OF ALIEN TERROR18 ISTS. 

19 (a) IN GENERAL.—Section 238 (8 U.S.C. 1228) is 

20 amended—

21 (1) in the section heading, by striking ‘‘ALIENS

22 CONVICTED OF COMMITTING AGGRAVATED FELO23 NIES’’ and inserting ‘‘CERTAIN ALIENS’’; 

24 (2) in the heading of subsection (a), by insert25 ing ‘‘INSTITUTIONAL’’ before ‘‘REMOVAL’’; 
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1 (3) in subsection (a)(1), by striking ‘‘241’’ each 

2 place it appears and inserting ‘‘237’’; 

3 (4) by amending the heading of subsection (b) 

4 to read as follows: 

5 ‘‘(b) PROCEEDINGS FOR THE ADMINISTRATIVE RE6 MOVAL OF ALIENS.—’’; 

7 (5) by amending subsection (b)(1) to read as 

8 follows: 

9 ‘‘(1) The Secretary of Homeland Security 

10 may—

11 ‘‘(A) in the case of an alien described in 

12 paragraph (2), determine the deportability of 

13 such alien under section 237(a)(2)(A)(iii) (re14 lating to conviction of an aggravated felony); or 

15 ‘‘(B) in the case of an alien certified under 

16 paragraph (2)(C), determine the deportability 

17 of such alien under any provision of section 

18 237—

19 and issue an order of removal pursuant to the proce20 dures set forth in this subsection or section 240.’’; 

21 (6) in subsection (b)(2)—

22 (A) in subparagraph (A), by striking ‘‘or’’ 

23 at the end; 

24 (B) in subparagraph (B), by striking the 

25 period at the end and inserting ‘‘; or’’; and 
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1 (C) by adding at the end the following: 

2 ‘‘(C) has been certified by the Secretary of 

3 Homeland Security, pursuant to paragraph (6), 

4 which certification is not reviewable except as 

5 provided in subsection (b)(7).’’; 

6 (7) by adding at the end of subsection (b) the 

7 following: 

8 ‘‘(6) CERTIFICATION.—The Secretary of Home9 land Security may certify an alien under this para10 graph if the Secretary has reasonable grounds to be11 lieve that the alien—

12 ‘‘(A) is described in section 

13 212(a)(3)(A)(i), 212(a)(3)(A)(iii), 

14 212(a)(3)(B), 237(a)(4)(A)(i), 

15 237(a)(4)(A)(iii), or 237(a)(4)(B); or 

16 ‘‘(B) is engaged in any other activity that 

17 endangers the national security of the United 

18 States. 

19 ‘‘(7) NONDELEGATION.—The Secretary of 

20 Homeland Security may delegate the authority pro21 vided under paragraph (6) only to the Deputy Sec22 retary of Homeland Security. The Deputy Secretary 

23 may not delegate such authority. 

24 ‘‘(8) JUDICIAL REVIEW.—Notwithstanding any 

25 other provision of law, judicial review of an order 
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1 under paragraph (2)(C) shall be available only by a 

2 filing in the United States Court of Appeals for the 

3 District of Columbia.’’; 

4 (8) by striking the first subsection (c) and in5 serting the following: 

6 ‘‘(c) PRESUMPTION OF REMOVABILITY.—An alien 

7 convicted of an aggravated felony, or certified pursuant 

8 to section 238(b)(2)(C), shall be conclusively presumed to 

9 be removable from the United States.’’; and 

10 (9) by redesignating the second subsection (c) 

11 (redesignated as such by section 671(b)(13) of the 

12 Illegal Immigration Reform and Immigrant Respon13 sibility Act of 1996) as subsection (d). 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the date of the enactment 

16 of this Act and shall apply to aliens in removal proceedings 

17 on or after such date. 

18 TITLE II—ALIEN BONDS 

19 SEC. 201. MAINTENANCE OF STATUS/DEPARTURE BONDS 

20 AND DELIVERY BONDS. 

21 (a) DEFINITIONS.—For purposes of this section: 

22 (1)(A) MAINTENANCE OF STATUS/DEPARTURE

23 BOND.—The term ‘‘maintenance of status/departure 

24 bond’’ (MS/D bond) means a written suretyship un25 dertaking entered into by an alien individual seeking
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1 admission to the United States of America on a non2 immigrant visa, the performance of which is guaran3 teed by an acceptable surety on Federal bonds. 

4 (B) DELIVERY BOND.—The term ‘‘delivery 

5 bond’’ means a written suretyship undertaking for 

6 the surrender of an individual against whom the De7 partment of Homeland Security has issued an order 

8 to show cause or a notice to appear, the performance 

9 of which is guaranteed by an acceptable surety on 

10 Federal bonds. 

11 (2) PRINCIPAL.—The term ‘‘principal’’ means 

12 an individual who is the subject of a bond. 

13 (3) SURETYSHIP UNDERTAKING.—The term 

14 ‘‘suretyship undertaking’’ means a written agree15 ment, executed by a bonding agent on behalf of a 

16 surety, which binds all parties to its certain terms 

17 and conditions and which provides obligations for 

18 the principal and the surety while under the bond 

19 and penalties for forfeiture to ensure the obligations 

20 of the principal and the surety under the agreement. 

21 (4) BONDING AGENT.—The term ‘‘bonding 

22 agent’’ means any individual properly licensed, ap23 proved, and appointed by power of attorney to exe24 cute or countersign surety bonds in connection with 

25 any matter governed by the Immigration and Na-
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1 tionality Act as amended (8 U.S.C. 1101, et seq.), 

2 and who receives a premium for executing or 

3 countersigning such surety bonds.

4 (5) SURETY.—The term ‘‘surety’’ means an en5 tity, as defined by, and that is in compliance with, 

6 sections 9304 through 9308 of title 31, United 

7 States Code, that agrees—

8 (A) to guarantee the performance, where 

9 appropriate, of the principal under a bond; 

10 (B) to perform the bond as required; and 

11 (C) to pay the face amount of the bond as 

12 a penalty for failure to perform. 

13 (b) ISSUANCE OF BOND.—The Secretary of State 

14 shall require applicants from the countries with the high15 est overstay rates, who have qualified for grants of B1, 

16 B2, or F1 nonimmigrant visas, to post MS/D bonds before 

17 their visas may be issued. Determination of the countries 

18 with the highest overstay rates shall be made by the Sec19 retary of Homeland Security. The Secretary shall require 

20 all individuals detained under section 236(a) (8 U.S.C. 

21 1226) to post delivery bonds of not less than $10,000, as 

22 a condition of release from custody, unless an immigration 

23 judge orders the alien released on his own recognizance. 

24 (c) VALIDITY, AGENT NOT CO-OBLIGOR, EXPIRA25 TION, RENEWAL, AND CANCELLATION OF BONDS.—
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1 (1) VALIDITY.—Maintenance of status/depar2 ture bond and delivery bond undertakings are valid 

3 if such bonds—

4 (A) state the full, correct, and proper 

5 name of the alien principal; 

6 (B) state the amount of the bond; 

7 (C) are guaranteed by a surety and 

8 countersigned by an agent who is properly ap9 pointed; 

10 (D) bond documents are properly executed; 

11 and 

12 (E) relevant bond documents are properly 

13 filed with the Secretary of Homeland Security. 

14 (2) BONDING AGENT NOT CO-OBLIGOR, PARTY, 

15 OR GUARANTOR IN INDIVIDUAL CAPACITY, AND NO

16 REFUSAL IF ACCEPTABLE SURETY.—Section 

17 9304(b) of title 31, United States Code, is amended 

18 by adding at the end the following: ‘‘Notwith19 standing any other provision of law, no bonding 

20 agent of a corporate surety shall be required to exe21 cute bonds as a co-obligor, party, or guarantor in an 

22 individual capacity on bonds provided by the cor23 porate surety, nor shall a corporate surety bond be 

24 refused if the corporate surety appears on the cur25 rent Treasury Department Circular 570 as a com-
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1 pany holding a certificate of authority as an accept2 able surety on Federal bonds and attached to the 

3 bond is a currently valid instrument showing the au4 thority of the bonding agent of the surety company 

5 to execute the bond.’’. 

6 (3) EXPIRATION.—An MS/D bond undertaking 

7 shall expire and the bond shall be canceled when—

8 (A) the principal, in compliance with the 

9 conditions of his bond and nonimmigrant visa, 

10 departs the United States prior to overstaying; 

11 (B) the alien is surrendered, or surrenders 

12 to the Department of Homeland Security for 

13 removal before the Department issues a ‘‘notice 

14 to surrender the alien’’ for removal; or 

15 (C) the bond renewal premium has not 

16 been paid and the alien has been surrendered to 

17 the Department for removal. 

18 (4) EXPIRATION.—A delivery bond undertaking 

19 shall expire at the earliest of—

20 (A) 1 year from the date of issue; 

21 (B) at the cancellation of the bond or sur22 render of the principal; or 

23 (C) immediately upon nonpayment of the 

24 renewal premium. 
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1 (5) RENEWAL.—Delivery bonds may be re2 newed—

3 (A) annually, with payment of proper pre4 mium to the surety provided there has been no 

5 breach of conditions, default, claim, or for6 feiture of the bond; 

7 (B) if a delivery bond is not renewed the 

8 bond remains in force until the alien is surren9 dered to the Department of Homeland Security 

10 for removal. When the alien is surrendered, the 

11 Department must cause the bond to be can12 celed. 

13 (6) CANCELLATION.—Delivery bonds shall be 

14 canceled and the surety exonerated—

15 (A) for nonrenewal after the alien has been 

16 surrendered to the Department of Homeland 

17 Security for removal; 

18 (B) if the surety or bonding agent provides 

19 reasonable evidence that there was misrepresen20 tation or fraud in the application for the bond; 

21 (C) upon the death or incarceration of the 

22 principal, or the inability of the surety to 

23 produce the principal for medical reasons; 
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1 (D) if the principal is detained by any law 

2 enforcement agency of any State, county, city, 

3 or any politial subdivision thereof; 

4 (E) if it can be established that the alien 

5 departed the United States of America for any 

6 reason without permission of the Secretary of 

7 Homeland Security, the surety, or the bonding 

8 agent; 

9 (F) if the foreign state of which the prin10 cipal is a national is designated pursuant to 

11 section 244 of the Act (8 U.S.C. 1254a) after 

12 the bond is posted; or 

13 (G) if the principal is surrendered to the 

14 Department of Homeland Security, removal by 

15 the surety or the bonding agent. 

16 (7) CANCELLATION.—MS/D bonds shall be can17 celed and the surety exonerated—

18 (A) when a bonded nonimmigrant departs 

19 the United States for any reason; 

20 (B) if the foreign state of which the prin21 cipal is a national is designated pursuant to 

22 section 244 of the Act (8 U.S.C. 1254(a)) after 

23 a bond has been posted; and
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1 (C) when the principal is surrendered to 

2 the Department of Homeland Security for re3 moval by the surety or the bonding agent. 

4 (8) EFFECT OF EXPIRATION OR CANCELLA5 TION.—When a maintenance of status/departure 

6 bond expires without being immediately renewed, the 

7 nonimmigrant status of the alien shall be revoked 

8 immediately. However, the bond will not be canceled 

9 until the principal is surrendered to the Department 

10 of Homeland Security for removal. 

11 (9) SURRENDER OF PRINCIPAL; FORFEITURE

12 OF BOND PREMIUM.—

13 (A) SURRENDER.—At any time, before a 

14 breach of any of the bond conditions, if in the 

15 opinion of the surety or bonding agent, the 

16 principal becomes a flight risk, the principal 

17 may be surrendered to the Department of 

18 Homeland Security for removal. 

19 (B) FORFEITURE OF BOND PREMIUM.—A 

20 principal may be surrendered without the re21 turn of any bond premium if the principal—

22 (i) changes address without notifying 

23 the surety, the bonding agent, and the Sec24 retary of Homeland Security in writing 

25 prior to such change; 
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1 (ii) changes schools, or obtains new 

2 employment without receiving prior written 

3 authorization from the surety, the agent or 

4 the Secretary; 

5 (iii) hides or is concealed from a sur6 ety, a bonding agent, or the Secretary; 

7 (iv) fails to report to the Secretary as 

8 required at least annually; or 

9 (v) violates the contract with the 

10 bonding agent or surety, commits any act 

11 that may lead to a breach of the bond, or 

12 otherwise violates any other obligation or 

13 condition of the visa or bond established by 

14 the Secretary. 

15 (10) CERTIFIED COPY OF BOND AND ARREST

16 WARRANT TO ACCOMPANY SURRENDER.—

17 (A) IN GENERAL.—A bonding agent or 

18 surety desiring to surrender the principal—

19 (i) shall have the right to petition the 

20 Secretary of Homeland Security or any 

21 Federal court, without having to pay any 

22 fees or court costs, for an arrest warrant 

23 for the arrest of the principal; 

24 (ii) shall forthwith be provided 2 cer25 tified copies each of the arrest warrant and 
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1 the bond undertaking, without having to 

2 pay any fees or courts costs; and 

3 (iii) shall have the right to pursue, ap4 prehend, detain, and surrender the prin5 cipal, together with certified copies of the 

6 arrest warrant and the bond undertaking, 

7 to any Department of Homeland Security 

8 detention official or Department detention 

9 facility or any detention facility authorized 

10 to hold Federal detainees. 

11 (B) EFFECTS OF DELIVERY.—Upon sur12 render of a principal under subparagraph 

13 (A)(iii)—

14 (i) the official to whom the principal 

15 is surrendered shall detain the principal in 

16 custody and issue a written certificate of 

17 surrender; and 

18 (ii) the Secretary of Homeland Secu19 rity shall immediately exonerate the surety 

20 from any further liability on the bond. 

21 (11) FORM OF BOND.—Maintenance of status/

22 departure bonds and delivery bonds shall in all cases 

23 state the following and be secured by a corporate 

24 surety that is certified as an acceptable surety on 
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1 Federal bonds and whose name appears on the cur2 rent Treasury Department Circular 570: 

3 ‘‘(A) BREACH OF BOND; PROCEDURE, FOR4 FEITURE, NOTICE.—

5 ‘‘(i) If a principal violates any condi6 tions of the visa or the bond, or the prin7 cipal is or becomes subject to a final ad8 ministrative order of deportation or re9 moval, the Secretary of Homeland Security 

10 shall—

11 ‘‘(I) immediately order the visa 

12 issued to the principal canceled; 

13 ‘‘(II) immediately issue a war14 rant for the principal’s arrest and 

15 enter that arrest warrant into the Na16 tional Crime Information Center 

17 (NCIC) computerized information 

18 database; 

19 ‘‘(III) order the bonding agent 

20 and surety to take the principal into 

21 custody and surrender the principal to 

22 any one of 10 designated Department 

23 of Homeland Security ‘‘turn-in’’ cen24 ters located nationwide in the areas of 

25 greatest need, at any time of day dur-
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1 ing 15 months after mailing the ar2 rest warrant and the order to the 

3 bonding agent and the surety as re4 quired by subparagraph (A)(i)(IV), 

5 and immediately enter that order into 

6 the National Crime Information Cen7 ter (NCIC) computerized information 

8 database; and 

9 ‘‘(IV) mail 2 certified copies each 

10 of the arrest warrant issued pursuant 

11 to subparagraph (A)(i)(II) and 2 cer12 tified copies each of the order issued 

13 pursuant to subparagraph (A)(i)(III) 

14 to only the bonding agent and surety 

15 via certified mail return receipt to 

16 their last known addresses. 

17 ‘‘(ii) Bonding agents and sureties 

18 shall immediately notify the Secretary of 

19 Homeland Security of their changes of ad20 dress and/or telephone numbers. 

21 ‘‘(iii) The Secretary of Homeland Se22 curity shall establish, disseminate to bond23 ing agents and sureties, and maintain on a 

24 current basis a secure nationwide toll-free 

25 list of telephone numbers of Department of 
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1 Homeland Security officials, including the 

2 names of such officials, that bonding 

3 agents, sureties, and their employees may 

4 immediately contact at any time to discuss 

5 and resolve any issue regarding any prin6 cipal or bond, to be known as ‘Points of 

7 Contact’. 

8 ‘‘(iv) A bonding agent or surety shall 

9 have full and complete access, free of 

10 charge, to any and all information, elec11 tronic or otherwise, in the care, custody, 

12 and control of the United States Govern13 ment or any State or local government or 

14 any subsidiary or police agency thereof re15 garding the principal that may be helpful 

16 in complying with section 201 of the Vis17 itor Information and Security Account18 ability Act that the Secretary of Homeland 

19 Security, by regulations subject to approval 

20 by Congress, determines may be helpful in 

21 locating or surrendering the principal. Be22 yond the principal, a bonding agent or sur23 ety shall not be required to disclose any in24 formation, including but not limited to the 

25 arrest warrant and order, received from
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1 any governmental source, any person, firm, 

2 corporation, or other entity. 

3 ‘‘(v) If the principal is later arrested, 

4 detained, or otherwise located outside the 

5 United States and the outlying possessions 

6 of the United States (as defined in section 

7 101(a) of the Immigration and Nationality 

8 Act), the Secretary of Homeland Security 

9 shall—

10 ‘‘(I) immediately order that the 

11 surety is completely exonerated, and 

12 the bond canceled; and 

13 ‘‘(II) if the Secretary of Home14 land Security has issued an order 

15 under clause (i), the surety may re16 quest, by written, properly filed mo17 tion, reinstatement of the bond. This 

18 subclause may not be construed to 

19 prevent the Secretary of Homeland 

20 Security from revoking or resetting a 

21 bond at a higher amount. 

22 ‘‘(vi) The bonding agent or surety 

23 must—

24 ‘‘(I) during the 15 months after 

25 the date the arrest warrant and order 
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1 were mailed pursuant to subpara2 graph (A)(i)(IV) surrender the prin3 cipal one time; or 

4 ‘‘(II)(aa) provide reasonable evi5 dence that producing the principal 

6 was prevented—

7 ‘‘(aaa) by the principal’s ill8 ness or death; 

9 ‘‘(bbb) because the principal 

10 is detained in custody in any city, 

11 State, country, or any political 

12 subdivision thereof; 

13 ‘‘(ccc) because the principal 

14 has left the United States or its 

15 outlying possessions (as defined 

16 in section 101(a) of the Immigra17 tion and Nationality Act (8 

18 U.S.C. 1101(a)); or 

19 ‘‘(ddd) because required no20 tice was not given to the bonding 

21 agent or surety; and 

22 ‘‘(bb) establish by affidavit that 

23 the inability to produce the principal 

24 was not with the consent or conniv25 ance of the bonding agent or surety. 
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1 ‘‘(vii) If compliance occurs more than 

2 15 months but no more than 18 months 

3 after the mailing of the arrest warrant and 

4 order to the bonding agent and the surety 

5 required under subparagraph (A)(i)(IV), 

6 an amount equal to 25 percent of the face 

7 amount of the bond shall be assessed as a 

8 penalty against the surety. 

9 ‘‘(viii) If compliance occurs more than 

10 18 months but no more than 21 months 

11 after the mailing of the arrest warrant and 

12 order to the bonding agent and the surety 

13 required under subparagraph (A)(i)(IV), 

14 an amount equal to 50 percent of the face 

15 amount of the bond shall be assessed as a 

16 penalty against the surety. 

17 ‘‘(ix) If compliance occurs more than 

18 21 months but no more than 24 months 

19 after the mailing of the arrest warrant and 

20 order to the bonding agent and the surety 

21 required under subparagraph (A)(i)(IV), 

22 an amount equal to 75 percent of the face 

23 amount of the bond shall be assessed as a 

24 penalty against the surety. 
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1 ‘‘(x) If compliance occurs 24 months 

2 or more after the mailing of the arrest 

3 warrant and order to the bonding agent 

4 and the surety required under subpara5 graph (A)(i)(IV), an amount equal to 100 

6 percent of the face amount of the bond 

7 shall be assessed as a penalty against the 

8 surety. 

9 ‘‘(xi) If any surety surrenders any 

10 principal to the Secretary of Homeland Se11 curity at any time and place after the pe12 riod for compliance has passed, the Sec13 retary of Homeland Security shall cause to 

14 be issued to that surety an amount equal 

15 to 50 percent of the face amount of the 

16 bond: Provided, however, That if that sur17 ety owes any penalties on bonds to the 

18 United States, the amount that surety 

19 would otherwise receive shall be offset by 

20 and applied as a credit against the amount 

21 of penalties on bonds it owes the United 

22 States, and then that surety shall receive 

23 the remainder of the amount to which it is 

24 entitled under this subparagraph, if any.
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1 ‘‘(xii) All penalties assessed against a 

2 surety on a bond, if any, shall be paid by 

3 the surety no more than 27 months after 

4 the mailing of the arrest warrant and 

5 order to the bonding agent and the surety 

6 required under subparagraph (A)(i)(IV). 

7 ‘‘(B) The Secretary of Homeland Security 

8 may waive penalties or extend the period for 

9 payment or both, if—

10 ‘‘(i) a written request is filed with the 

11 Secretary of Homeland Security; and 

12 ‘‘(ii) the bonding agent or surety pro13 vides an affidavit that diligent efforts were 

14 made to effect compliance of the principal. 

15 ‘‘(C) COMPLIANCE; EXONERATION; LIMITA16 TION OF LIABILITY.—

17 ‘‘(i) COMPLIANCE.—A bonding agent 

18 or surety shall have the absolute right to 

19 locate, apprehend, arrest, detain, and sur20 render any principal, wherever he or she 

21 may be found, who violates any of the 

22 terms and conditions of his or her visa or 

23 bond. 
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1 ‘‘(ii) EXONERATION.—Upon satisfying 

2 any of the requirements of the bond, the 

3 surety shall be completely exonerated. 

4 ‘‘(iii) LIMITATION OF LIABILITY.—

5 Notwithstanding any other provision of 

6 law, the total liability on any surety under7 taking shall not exceed the face amount of 

8 the bond.’’. 

9 (d) EFFECTIVE DATE.—The provisions of this sec10 tion shall take effect on the date of the enactment of this 

11 Act and shall apply to bonds and surety undertakings exe12 cuted before, on, or after the date of the enactment of 

13 this Act. 

14 SEC. 202. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS. 

15 (a) IN GENERAL.—Section 236(a)(2) is amended to 

16 read as follows: 

17 ‘‘(2) subject to such reasonable regulations as 

18 the Secretary of Homeland Security may prescribe, 

19 shall permit agents, servants, and employees of cor20 porate sureties to visit in person with individuals de21 tained by the Secretary of and, subject to section 

22 241(a)(8), may release the alien on a delivery bond 

23 of at least $10,000, with security approved by the 

24 Secretary, and containing conditions and procedures 

25 prescribed by section 201 of the VISA Act and by 
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1 the Secretary, but the Secretary shall not release the 

2 alien on or to his own recognizance unless an order 

3 of an immigration judge expressly finds and states 

4 in a signed order to release the alien to his own re5 cognizance that the alien is not a flight risk and is 

6 not a threat to the United States’’. 

7 (b) REPEAL.—Section 286(r) of the Act (8 U.S.C. 

8 1356(r)) is repealed in its entirety. 

9 (c) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall take effect on the date of the enact11 ment of this Act. 

12 SEC. 203. DETENTION OF ALIENS DELIVERED BY BONDS13 MEN. 

14 (a) IN GENERAL.—Section 241(a) (8 U.S.C. 

15 1231(a)) is amended by adding at the end the following: 

16 ‘‘(8) EFFECT OF PRODUCTION OF ALIEN BY

17 BONDSMAN.—Notwithstanding any other provision 

18 of law, the Secretary of Homeland Security shall 

19 take into custody any alien subject to a final order 

20 of removal, and cancel any bond previously posted 

21 for the alien, if the alien is produced within the pre22 scribed time limit by the obligor on the bond wheth23 er or not the Department of Homeland Security ac24 cepts custody of the alien. The obligor on the bond 

25 shall be deemed to have substantially performed all 
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1 conditions imposed by the terms of the bond, and 

2 shall be released from liability on the bond, if the 

3 alien is produced within such time limit.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 subsection (a) shall take effect on the date of the enact6 ment of this Act and shall apply to all immigration bonds 

7 posted before, on, or after the date of the enactment of 

8 this Act.

Æ