authorized to work in the United States in 
such capacity; or 
‘‘(ii) fails to comply with the proce-
dures prescribed by the Secretary pursuant 
to this section in connection with the em-
ployment of any individual. 
‘‘(B) AMOUNT.—Such penalty shall not ex-
ceed $50,000 for each occurrence of a violation 
described in subparagraph (A) with respect to 
the individual, plus, in the event of the removal 
of such individual from the United States based 
on findings developed in connection with the as-
sessment or collection of such penalty, the costs 
incurred by the Federal Government, cooper-
ating State and local governments, and State 
and local law enforcement agencies, in connec-
tion with such removal. 
‘‘(2) ACTIONS BY SECRETARY.—If any person is 
assessed under paragraph (1) and fails to pay the 
assessment when due, or any person otherwise fails 
to meet any requirement of this section, the Sec-
retary may bring a civil action in any district court 
of the United States within the jurisdiction of which 
such person’s assets are located or in which such 
person resides or is found for the recovery of the
amount of the assessment or for appropriate equi-
table relief to redress the violation or enforce the 
provisions of this section, and process may be served 
in any other district. The district courts of the 
United States shall have jurisdiction over actions 
brought under this section by the Secretary without 
regard to the amount in controversy. 
‘‘(3) CRIMINAL PENALTY.—Any person who— 
‘‘(A) hires for employment any individual 
in the United States in any capacity who such 
person knows not to be authorized to work in 
the United States in such capacity; or 
‘‘(B) hires for employment any individual 
in the United States and fails to comply with 
the procedures prescribed by the Secretary pur-
suant to section 5(b) in connection with the hir-
ing of such individual; 
shall upon conviction be fined in accordance with 
title 18, United States Code, or imprisoned for not 
more than 1 year for each such offense (not to ex-
ceed 5 years for all such offenses), or both.’’. 
(b) CONFORMING AMENDMENTS.—Section 274A of 
the Immigration and Nationality Act (8 U.S.C. 1324a) is 
amended—
(1) in subsection (g)(2), by striking ‘‘hearing 
under subsection (e),’’ and inserting ‘‘hearing,’’; 
(2) by striking subsection (f); and 
(3) by redesignating subsections (e), (g), and 
(h) as subsections (d), (e), and (f), respectively. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 2 years after the date of the 
enactment of this title and shall apply to employment of 
any individual in any capacity commencing on or after 
such effective date. 
SEC. 406. INCREASE IN PERSONNEL ENSURING COMPLI-
ANCE WITH PROHIBITIONS ON UNLAWFUL 
EMPLOYMENT OF ALIENS . 
Beginning with first fiscal year that begins after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall, subject to the availability of appropria-
tions for such purpose, increase by not less than 10,000 
the number of positions within the Department of Home-
land Security for full-time personnel charged with carrying 
out section 274A(d) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(d)), as amended by section 405 of 
this title, above the number of such positions for which 
funds were made available for fiscal year 2004.
SEC. 407. INTEGRATION OF FINGERPRINTING DATABASES. 
The Secretary of Homeland Security and the Attor-
ney General of the United States shall jointly undertake 
to integrate the fingerprint database maintained by the 
Department of Homeland Security with the fingerprint 
database maintained by the Federal Bureau of Investiga-
tion. The integration of databases pursuant to this section 
shall be completed not later than 2 years after the date 
of the enactment of this title. 
SEC. 408. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) DEPARTMENT OF HOMELAND SECURITY.—Ex-
cept as otherwise provided in this title, there are author-
ized to be appropriated to the Department of Homeland 
Security for each fiscal year beginning with the first fiscal 
year that begins after the date of the enactment of this 
Act, such sums as may be necessary to carry out this title 
and the amendments made by this title, of which not less 
than $100,000,000 shall be for the purpose of carrying 
out section 274A(d) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(d)), as amended by section 406 of 
this title. 
(b) SOCIAL SECURITY ADMINISTRATION.—There are 
authorized to be appropriated to the Social Security Ad-
ministration for each fiscal year beginning with the first 
fiscal year that begins after the date of the enactment of
this Act, such sums as are necessary to carry out the 
amendments made by section 403. 
SEC. 409. RULES OF CONSTRUCTION. 
(a) IN GENERAL.—Nothing in this title shall be con-
strued— 
(1) to require the presentation of a Social Secu-
rity card for any purpose other than— 
(A) for the administration and enforce-
ment of the Social Security laws of the United 
States; or 
(B) for the purpose of implementing and 
enforcing this title and the amendments made 
by this title; or 
(2) to require the Social Security card to be 
carried by an individual. 
(b) NO NATIONAL IDENTIFICATION CARD.—It is the 
policy of the United States that the Social Security card 
shall not be used as a national identification card. 
TITLE V—SECURE 
IDENTIFICATION STANDARDS 
SEC. 501. PROHIBITION ON ACCEPTANCE OF IDENTIFICA-
TION ISSUED BY FOREIGN GOVERNMENTS. 
(a) IN GENERAL.—A Federal agency may not accept, 
for any official purpose, an identification document for an
individual if the identification document is issued by a for-
eign government. 
(b) EXCEPTION.—If a passport issued by a foreign 
government is authorized by Federal law to be accepted 
for a specific official purpose on the date of the enactment 
of this title, subsection (a) shall not be construed to affect 
such authorization. 
(c) DEFINITION.—For purposes of this section, the 
term ‘‘Federal agency’’ means— 
(1) an Executive agency (as defined in section 
105 of title 5, United States Code); 
(2) a military department (as defined in section 
102 of title 5, United States Code); 
(3) an office, agency, or other establishment in 
the legislative branch of the Government of the 
United States; 
(4) an office, agency, or other establishment in 
the judicial branch of the Government of the United 
States; and 
(5) the government of the District of Columbia.
SEC. 502. FOREIGN-ISSUED FORMS OF IDENTIFICATION 
PROHIBITED AS PROOF OF IDENTITY TO 
OPEN ACCOUNTS AT FINANCIAL INSTITU-
TIONS. 
Section 5318(l) of title 31, United States Code (relat-
ing to identification and verification of accountholders) is 
amended— 
(1) by redesignating paragraph (6) as para-
graph (7); and 
(2) by inserting after paragraph (5) the fol-
lowing new paragraph: 
‘‘(6) PROHIBITION ON USE OF IDENTIFICATION 
ISSUED BY A FOREIGN GOVERNMENT.—A financial 
institution may not accept any form of identification 
that was issued by a foreign government, other than 
a passport, for use in verifying the identity of a per-
son in connection with the opening of an account by 
such person at the financial institution, including a 
matricula consular issued in the United States by a 
duly authorized consular officer of the Government 
of Mexico.’’. 
SEC. 503. IDENTIFICATION STANDARD FOR FEDERAL BENE-
FITS. 
(a) FEDERAL AGENCIES.—No department, agency, 
commission, other entity, or employee of the Federal Gov-
ernment may accept, recognize, or rely on (or authorize
the acceptance or recognition of or reliance on) for the 
purpose of establishing identity any document except those 
described in subsection (c). 
(b) STATE AND LOCAL AGENCIES.—No department, 
agency, commission, other entity, or employee of a State 
or local government charged with providing or approving 
applications for public benefits or services funded in whole 
or in part with Federal funds may accept, recognize, or 
rely on (or authorize the acceptance or recognition of or 
reliance on) for the purpose of establishing identity any 
document except those described in subsection (c). 
(c) DOCUMENTS DESCRIBED.—Documents described 
in this subsection are limited to— 
(1)(A) Valid, unexpired United States pass-
ports, immigration documents, and other identity 
documents issued by a Federal authority. 
(B) Individual taxpayer identification numbers 
issued by the Internal Revenue Service shall not be 
considered identity documents for purposes of sub-
paragraph (A). 
(2) Valid, unexpired identity documents issued 
by a State or local authority if— 
(A) the State or local authority statutorily 
bars issuance of such identity documents to
aliens unlawfully present in the United States; 
and 
(B) the State or local authority requires 
independent verification of records provided by 
the applicant in support of the application for 
such identity documents. 
(3) Valid, unexpired foreign passports, if such 
passports include or are accompanied by proof of 
lawful presence in the United States. 
SEC. 504. CHANGE IN FORMAT OF INDIVIDUAL TAXPAYER 
IDENTIFICATION NUMBERS (ITINS). 
Notwithstanding any other provision of law, the Sec-
retary of the Treasury shall, not later than one year after 
the date of the enactment of this Act, modify the format 
of Individual Taxpayer Identification Numbers (ITINs) in 
a manner so that they no longer resemble social security 
account numbers. 
SEC. 505. SHARING ITIN-RELATED INFORMATION. 
Notwithstanding any other provision of law, the Com-
missioner of Internal Revenue is authorized to, and shall, 
share with the Secretary of Homeland Security the names 
and addresses of individuals with assigned Individual Tax-
payer Identification Numbers as the Secretary may certify 
as necessary for the enforcement of Federal immigration 
laws.
SEC. 506. BIRTH CERTIFICATES. 
(a) APPLICABILITY
OF MINIMUM STANDARDS
TO 
LOCAL GOVERNMENTS.—The minimum standards in this 
section applicable to birth certificates issued by a State 
shall also apply to birth certificates issued by a local gov-
ernment in the State. It shall be the responsibility of the 
State to ensure that local governments in the State comply 
with the minimum standards. 
(b) MINIMUM STANDARDS FOR FEDERAL RECOGNI-
TION.— 
(1) 
MINIMUM
STANDARDS
FOR
FEDERAL 
USE.— 
(A) IN GENERAL.—Beginning 3 years after 
the date of the enactment of this Act, a Federal 
agency may not accept, for any official purpose, 
a birth certificate issued by a State to any per-
son unless the State is meeting the require-
ments of this section. 
(B) STATE
CERTIFICATIONS.—The Sec-
retary of Homeland Security shall determine 
whether a State is meeting the requirements of 
this section based on certifications made by the 
State to the Secretary. Such certifications shall 
be made at such times and in such manner as 
the Secretary, in consultation with the Sec-
retary of Health and Human Services, may pre-
scribe by regulation. 
(2) MINIMUM
DOCUMENT
STANDARDS.—To 
meet the requirements of this section, a State shall 
include, on each birth certificate issued to a person 
by the State, the use of safety paper, the seal of the 
issuing custodian of record, and such other features 
as the Secretary of Homeland Security may deter-
mine necessary to prevent tampering, counterfeiting, 
and otherwise duplicating the birth certificate for 
fraudulent purposes. The Secretary may not require 
a single design to which birth certificates issued by 
all States must conform. 
(3) MINIMUM ISSUANCE STANDARDS.— 
(A) IN GENERAL.—To meet the require-
ments of this section, a State shall require and 
verify the following information from the re-
questor before issuing an authenticated copy of 
a birth certificate: 
(i) The name on the birth certificate. 
(ii) The date and location of the birth. 
(iii) The mother’s maiden name. 
(iv) Substantial proof of the reques-
tor’s identity.
(B) ISSUANCE TO PERSONS NOT NAMED 
ON BIRTH CERTIFICATE.—To meet the require-
ments of this section, in the case of a request 
by a person who is not named on the birth cer-
tificate, a State must require the presentation 
of legal authorization to request the birth cer-
tificate before issuance. 
(C) ISSUANCE TO FAMILY MEMBERS.—Not 
later than one year after the date of the enact-
ment of this Act, the Secretary of Homeland 
Security, in consultation with the Secretary of 
Health and Human Services and the States, 
shall establish minimum standards for issuance 
of a birth certificate to specific family members, 
their authorized representatives, and others who 
demonstrate that the certificate is needed for 
the protection of the requestor’s personal or 
property rights. 
(D) WAIVERS.—A State may waive the re-
quirements set forth in clauses (i) through (iii) 
of 
subparagraph 
(A) 
in 
exceptional 
cir-
cumstances, such as the incapacitation of the 
registrant. 
(E) 
APPLICATIONS
BY
ELECTRONIC 
MEANS.—To meet the requirements of this sec-
tion, for applications by electronic means, 
through the mail or by phone or fax, a State 
shall employ third party verification, or equiva-
lent verification, of the identity of the re-
questor. 
(F) VERIFICATION
OF
DOCUMENTS.—To 
meet the requirements of this section, a State 
shall verify the documents used to provide proof 
of identity of the requestor. 
(4) OTHER REQUIREMENTS.—To meet the re-
quirements of this section, a State shall adopt, at a 
minimum, the following practices in the issuance 
and administration of birth certificates: 
(A) Establish and implement minimum 
building security standards for State and local 
vital record offices. 
(B) Restrict public access to birth certifi-
cates and information gathered in the issuance 
process to ensure that access is restricted to en-
tities with which the State has a binding pri-
vacy protection agreement. 
(C) Subject all persons with access to vital 
records to appropriate security clearance re-
quirements.
(D) Establish fraudulent document rec-
ognition training programs for appropriate em-
ployees engaged in the issuance process. 
(E) Establish and implement internal oper-
ating system standards for paper and for elec-
tronic systems. 
(F) Establish a central database that can 
provide interoperative data exchange with other 
States and with Federal agencies, subject to 
privacy restrictions and confirmation of the au-
thority and identity of the requestor. 
(G) Ensure that birth and death records 
are matched in a comprehensive and timely 
manner, and that all electronic birth records 
and paper birth certificates of decedents are 
marked ‘‘deceased’’. 
(H) Cooperate with the Secretary of 
Homeland Security in the implementation of 
electronic verification of vital events under sub-
section (d). 
(c) ESTABLISHMENT OF ELECTRONIC BIRTH AND 
DEATH REGISTRATION SYSTEMS.—In consultation with 
the Secretary of Health and Human Services and the 
Commissioner of Social Security, the Secretary of Home-
land Security shall take the following actions:
(1) Work with the States to establish a common 
data set and common data exchange protocol for 
electronic birth registration systems and death reg-
istration systems. 
(2) Coordinate requirements for such systems 
to align with a national model. 
(3) Ensure that fraud prevention is built into 
the design of electronic vital registration systems in 
the collection of vital event data, the issuance of 
birth certificates, and the exchange of data among 
government agencies. 
(4) Ensure that electronic systems for issuing 
birth certificates, in the form of printed abstracts of 
birth records or digitized images, employ a common 
format of the certified copy, so that those requiring 
such documents can quickly confirm their validity. 
(5) Establish uniform field requirements for 
State birth registries. 
(6) Not later than 1 year after the date of the 
enactment of this Act, establish a process with the 
Department of Defense that will result in the shar-
ing of data, with the States and the Social Security 
Administration, regarding deaths of United States 
military personnel and the birth and death of their 
dependents.
(7) Not later than 1 year after the date of the 
enactment of this Act, establish a process with the 
Department of State to improve registration, notifi-
cation, and the sharing of data with the States and 
the Social Security Administration, regarding births 
and deaths of United States citizens abroad. 
(8) Not later than 3 years after the date of es-
tablishment of databases provided for under this sec-
tion, require States to record and retain electronic 
records of pertinent identification information col-
lected from requestors who are not the registrants. 
(9) Not later than 6 months after the date of 
the enactment of this Act, submit to Congress, a re-
port on whether there is a need for Federal laws to 
address penalties for fraud and misuse of vital 
records and whether violations are sufficiently en-
forced. 
(d) 
ELECTRONIC
VERIFICATION
OF
VITAL 
EVENTS.— 
(1) LEAD AGENCY.—The Secretary of Home-
land Security shall lead the implementation of elec-
tronic verification of a person’s birth and death. 
(2) REGULATIONS.—In carrying out paragraph 
(1), the Secretary shall issue regulations to establish 
a means by which authorized Federal and State
agency users with a single interface will be able to 
generate an electronic query to any participating 
vital records jurisdiction throughout the United 
States to verify the contents of a paper birth certifi-
cate. Pursuant to the regulations, an electronic re-
sponse from the participating vital records jurisdic-
tion as to whether there is a birth record in their 
database that matches the paper birth certificate will 
be returned to the user, along with an indication if 
the matching birth record has been flagged ‘‘de-
ceased’’. The regulations shall take effect not later 
than 5 years after the date of the enactment of this 
Act. 
(e) GRANTS TO STATES.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security may make grants to States to assist the 
States in conforming to the minimum standards set 
forth in this section. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary of Homeland Security for each of the fiscal 
years 2006 through 2009 such sums as may be nec-
essary to carry out this section. 
(f) AUTHORITY.—
(1) PARTICIPATION WITH FEDERAL AGENCIES 
AND 25 STATES.—All authority to issue regulations, 
certify standards, and issue grants under this sec-
tion shall be carried out by the Secretary of Home-
land Security, with the concurrence of the Secretary 
of Health and Human Services and in consultation 
with State vital statistics offices and appropriate 
Federal agencies. 
(2) EXTENSIONS
OF
DEADLINES.—The Sec-
retary of Homeland Security may grant to a State 
an extension of time to meet the requirements of 
subsection (b)(1)(A) if the State provides adequate 
justification for noncompliance. 
(g) REPEAL.—Section 7211 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (Public Law 
108–458) is repealed. 
TITLE VI—REFORM OF LEGAL 
IMMIGRATION 
SEC. 601. INCREASE IN EMPLOYMENT BASED VISAS. 
Notwithstanding any other provision of law, the num-
ber of employment-based visas made available under sec-
tions 201(d) and 203(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1151(d), 1153(b)) for each fiscal year 
(beginning with the first fiscal year beginning after the
date of the enactment of this Act) is hereby increased by 
120,000. 
SEC. 602. INCREASE IN CAP ON UNSKILLED WORKERS. 
(a) IN GENERAL.—Section 203(b)(3)(B) of the Im-
migration and Nationality Act (8 U.S.C. 1153(b)(3)(B)) 
is amended by striking ‘‘10,000’’ and inserting ‘‘20,000’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply for visa numbers for fiscal years 
beginning with the first fiscal year beginning after the 
date of the enactment of this Act. 
SEC. 603. ELIMINATION OF FAMILY 4TH PREFERENCE VISA 
CATEGORY FOR ADULT SIBLINGS OF CITI-
ZENS. 
(a) IN GENERAL.—Section 203(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1153(a)) is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(4)’’ and inserting ‘‘paragraph (3)’’; and 
(2) by striking paragraph (4). 
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section 
201(c)(1)(A)(i) of such Act (8 U.S.C. 1151(c)(1)(A)(i)) 
is amended by striking ‘‘480,000’’ and inserting 
‘‘415,000’’. 
(2) Section 204(a)(1)(A)(i) of such Act (8 U.S.C. 
1154(a)(1)(A)(i)) is amended by striking ‘‘(1), (3), or (4)’’ 
and inserting ‘‘(1) or (3)’’.
(3) Section 212(d)(11) of such Act (8 U.S.C. 
1182(d)(11)) is amended by striking ‘‘(other than para-
graph (4) thereof)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply for visa numbers for fiscal years 
beginning with the first fiscal year beginning after the 
date of the enactment of this Act. 
SEC. 604. 3-YEAR MORATORIUM ON IMMIGRANT VISAS FOR 
MEXICAN NATIONALS. 
Notwithstanding any other provision of law, no native 
of Mexico (as determined for purposes of section 202(b) 
of the Immigration and Nationality Act) shall be eligible 
for an immigrant visa under section 203(a) or 203(b) of 
such Act for any of the 3 fiscal years beginning with the 
first fiscal year that begins after the date of the enactment 
of this Act. 
SEC. 605. LIMITATION ON NUMBER OF FAMILY-SPONSORED 
IMMIGRANT VISAS FROM MEXICO. 
Notwithstanding any other provision of law, the num-
ber of immigrant visas that may be issued to natives of 
Mexico under section 203(a) of the Immigration and Na-
tionality Act in any fiscal year (beginning with the fiscal 
year after the last fiscal yaer in which section 604 applies) 
may not exceed 50,000.
SEC. 606. ELIMINATION OF DIVERSITY LOTTERY VISA CAT-
EGORY. 
(a) IN GENERAL.—Section 203 of the Immigration 
and Nationality Act (8 U.S.C. 1153) is amended by strik-
ing subsection (c). 
(b) CONFORMING AMENDMENTS.— 
(1) Section 201 of the Immigration and Nation-
ality Act (8 U.S.C. 1151) is amended— 
(A) in subsection (a)— 
(i) by adding ‘‘and’’ at the end of 
paragraph (1); 
(ii) by striking ‘‘; and’’ at the end of 
paragraph (2) and inserting a period; and 
(iii) by striking paragraph (3); and 
(B) by striking subsection (e). 
(2) Section 203 of such Act (8 U.S.C. 1153) is 
amended— 
(A) in subsections (d) and (h)(2)(B), by 
striking ‘‘subsection (a), (b), or (c)’’ and insert-
ing ‘‘subsection (a) or (b)’’; and 
(B) in subsection (g), by striking ‘‘sub-
sections (a), (b), and (c)’’ and inserting ‘‘sub-
sections (a) and (b)’’. 
(3) Section 204(a)(1) of such Act (8 U.S.C. 
1154(a)(1)) is amended by striking subparagraph 
(I).
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply for visa numbers for fiscal years 
beginning with the first fiscal year beginning after the 
date of the enactment of this Act. 
SEC. 607. ANNUAL REPORT ON PROJECTED JOB CREATION 
AND FOREIGN LABOR DEMAND. 
The Secretary of Labor shall submit to Congress, not 
later than April 1 of each year (beginning with 2006), a 
report on projected job creation in the United States and 
the demand for both immigrant and nonimmigrant foreign 
laborers over each of the succeeding five fiscal years. 
SEC. 608. VISA TERM COMPLIANCE BONDS. 
(a) DEFINITIONS.—For purposes of this section: 
(1) VISA TERM COMPLIANCE BOND.—The term 
‘‘visa term compliance bond’’ means a written 
suretyship undertaking entered into by an alien indi-
vidual seeking admission to the United States of 
America on a nonimmigrant visa whose performance 
is guaranteed by a bail agent. 
(2) SURETYSHIP
UNDERTAKING.—The term 
‘‘suretyship undertaking’’ means a written agree-
ment, executed by a bail agent, which binds all par-
ties to its certain terms and conditions and which 
provides obligations for the visa applicant while
under the bond and penalties for forfeiture to ensure 
the obligations of the principal under the agreement. 
(3) BAIL
AGENT.—The term ‘‘bail agent’’ 
means any individual properly licensed, approved, 
and appointed by power of attorney to execute or 
countersign bail bonds in connection with judicial 
proceedings and who receives a premium. 
(4) SURETY.—The term ‘‘surety’’ means an en-
tity, as defined by, and that is in compliance with, 
sections 9304 through 9308 of title 31, United 
States Code, that agrees— 
(A) to guarantee the performance, where 
appropriate, of the principal under a visa term 
compliance bond; 
(B) to perform as required in the event of 
a forfeiture; and 
(C) to pay over the principal (penal) sum 
of the bond for failure to perform. 
(b) ISSUANCE OF BOND.—A consular officer may re-
quire an applicant for a nonimmigrant visa, as a condition 
for granting such application, to obtain a visa term com-
pliance bond. 
(c) VALIDITY, EXPIRATION, RENEWAL, AND CAN-
CELLATION OF BONDS.—
(1) VALIDITY.—A visa term compliance bond 
undertaking is valid if it— 
(A) states the full, correct, and proper 
name of the alien principal; 
(B) states the amount of the bond; 
(C) is guaranteed by a surety and 
countersigned by an attorney-in-fact who is 
properly appointed; 
(D) is an original signed document; 
(E) is filed with the Secretary of Home-
land Security along with the original application 
for a visa; and 
(F) is not executed by electronic means. 
(2) EXPIRATION.—A visa term compliance bond 
undertaking shall expire at the earliest of— 
(A) 1 year from the date of issue; 
(B) at the expiration, cancellation, or sur-
render of the visa; or 
(C) immediately upon nonpayment of the 
premium. 
(3) RENEWAL.—The bond may be renewed— 
(A) annually with payment of proper pre-
mium at the option of the bail agent or surety; 
and
(B) provided there has been no breech of 
conditions, default, claim, or forfeiture of the 
bond. 
(4) CANCELLATION.—The bond shall be can-
celed and the surety and bail agent exonerated— 
(A) for nonrenewal; 
(B) if the surety or bail agent provides 
reasonable evidence that there was misrepresen-
tation or fraud in the application for the bond; 
(C) upon termination of the visa; 
(D) upon death, incarceration of the prin-
cipal, or the inability of the surety to produce 
the principal for medical reasons; 
(E) if the principal is detained in any city, 
State, country, or political subdivision thereof; 
(F) if the principal departs from the 
United States of America for any reason with-
out permission of the Secretary of Homeland 
Security and the surety or bail agent; or 
(G) if the principal is surrendered by the 
surety. 
(5) EFFECT
OF
EXPIRATION
OR
CANCELLA-
TION.—When a visa term compliance bond expires 
without being immediately renewed, or is canceled,
the nonimmigrant status of the alien shall be re-
voked immediately. 
(6) SURRENDER
OF
PRINCIPAL; FORFEITURE 
OF BOND PREMIUM.— 
(A) SURRENDER.—At any time before a 
breach of any of the conditions of the bond, the 
surety or bail agent may surrender the prin-
cipal, or the principal may surrender, to any of-
fice or facility of the Department of Homeland 
Security charged with immigration enforcement 
or border protection. 
(B) FORFEITURE OF BOND PREMIUM.—A 
principal may be surrendered without the re-
turn of any bond premium if the visa holder— 
(i) changes address without notifying 
the surety or bail agent and the Secretary 
of Homeland Security in writing at least 
60 days prior to such change; 
(ii) changes schools, jobs, or occupa-
tions without written permission of the 
surety, bail agent, and the Secretary; 
(iii) conceals himself or herself; 
(iv) fails to report to the Secretary as 
required at least annually; or
100 
(v) violates the contract with the bail 
agent or surety, commits any act that may 
lead to a breech of the bond, or otherwise 
violates any other obligation or condition 
of the visa established by the Secretary. 
(7) CERTIFIED
COPY
OF
UNDERTAKING
OR 
WARRANT TO ACCOMPANY SURRENDER.— 
(A) IN
GENERAL.—A person desiring to 
make a surrender of the visa holder— 
(i) shall have the right to petition any 
Federal court for an arrest warrant for the 
arrest of the visa holder; 
(ii) shall forthwith be provided a cer-
tified copy of the arrest warrant and the 
undertaking; and 
(iii) shall have the right to pursue, ap-
prehend, detain, and deliver the visa hold-
er, together with the certified copy of the 
arrest warrant and the undertaking, to any 
official or facility of the Department of 
Homeland Security charged with immigra-
tion enforcement or border protection or 
any detention facility authorized to hold 
Federal detainees.
101 
(B) EFFECTS OF DELIVERY.—Upon deliv-
ery of a person under subparagraph (A)(iii)— 
(i) the official to whom the delivery is 
made shall detain the visa holder in cus-
tody and issue a written certificate of sur-
render; and 
(ii) the court issuing the warrant de-
scribed in subparagraph (A)(i) and the 
Secretary of Homeland Security shall im-
mediately exonerate the surety and bail 
agent from any further liability on the 
bond. 
(8) FORM OF BOND.—A visa term compliance 
bond shall in all cases state the following and be se-
cured by a surety: 
(A) BREECH OF BOND; PROCEDURE, FOR-
FEITURE, NOTICE.— 
(i) If a visa holder violates any condi-
tions of the visa or the visa bond the Sec-
retary of Homeland Security shall— 
(I) order the visa canceled; 
(II) immediately obtain a war-
rant for the visa holder’s arrest; 
(III) order the bail agent and 
surety to take the visa holder into
102 
custody and surrender the visa holder 
to the Secretary; and 
(IV) mail notice to the bail agent 
and surety via certified mail return 
receipt at each of the addresses in the 
bond. 
(ii) A bail agent or surety shall have 
full and complete access to any and all in-
formation, electronic or otherwise, in the 
care, custody, and control of the United 
States Government or any State or local 
government or any subsidiary or police 
agency thereof regarding the visa holder 
needed to comply with section 304 of the 
Securing America’s Future through En-
forcement Reform Act of 2005 that the 
court issuing the warrant believes is crucial 
in locating the visa holder. 
(iii) If the visa holder is later ar-
rested, detained, or otherwise located out-
side the United States and the outlying 
possessions of the United States (as de-
fined in section 101(a) of the Immigration 
and Nationality Act), the Secretary of 
Homeland Security shall—
103 
(I) order that the bail agent and 
surety are completely exonerated, and 
the bond canceled and terminated; 
and 
(II) if the Secretary has issued 
an order under clause (i), the surety 
may request, by written, properly filed 
motion, reinstatement of the bond. 
This subclause may not be construed 
to prevent the Secretary from revok-
ing or resetting a higher bond. 
(iv) The bail agent or surety must— 
(I) produce the visa bond holder; 
or 
(II)(aa) prove within 180 days 
that producing the bond holder was 
prevented— 
(bb) by the bond holder’s ill-
ness or death; 
(cc) because the bond holder 
is detained in custody in any city, 
State, country, or political sub-
division thereof; 
(dd) because the bond holder 
has left the United States or its
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outlying possessions (as defined 
in section 101(a) of the Immigra-
tion and Nationality Act (8 
U.S.C. 1101(a)); or 
(ee) because required notice 
was not given to the bail agent or 
surety; and 
(ff) prove within 180 days that 
the inability to produce the bond hold-
er was not with the consent or conniv-
ance of the bail agent or sureties. 
(v) If the bail agent or surety does 
not comply with the terms of this bond 
within 60 days after the mailing of the no-
tice 
required 
under 
subparagraph 
(A)(i)(IV), a portion of the face value of 
the bond shall be assessed as a penalty 
against the surety. 
(vi) If compliance occurs more than 
60 days but no more than 90 days after 
the mailing of the notice, the amount as-
sessed shall be one-third of the face value 
of the bond. 
(vii) If compliance occurs more than 
90 days, but no more than 180 days, after