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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Visitor Information 
and Security Accountability (VISA) Act’’.
TITLE I—BETTER MANAGEMENT 
OF WHO AND WHAT ENTERS 
THE UNITED STATES
SEC. 101. UNITED STATES VISITOR AND IMMIGRANT STA-
TUS TECHNOLOGY (US-VISIT) PROGRAM. 
(a) The Secretary of Homeland Security, in collabo-
ration with cabinet officials from US-VISIT stakeholder 
departments and agencies, shall—
(1) establish and charter an executive body, 
chaired by the Secretary’s designees, cochaired by 
the leadership from key stakeholder departments 
and agencies, and composed of appropriate senior-
level representatives from te Department of Home-
land Security and each stakeholder organization, to 
advise and direct the US-VISIT program; and 
(2) direct this executive body to immediately 
take steps to—
(A) ensure that the human capital and fi-
nancial resources are expeditiously provided to 
establish a fully functional and effective US-
VISIT program office and associated manage-
ment capability; 
(B) clarify the operational context within 
which US-VISIT must operate; and
(C) decide whether proposed US-VISIT in-
crements will produce mission value commensu-
rate with costs and risks and disclose to the 
Congressional 
Committees 
of 
Jurisdiction 
planned actions based on the body’s decisions. 
(b) The Secretary of Homeland Security, through the 
Under Secretary for Border and Transportation Security, 
shall direct the US-VISIT Program Director to expedi-
tiously establish an effective program management capa-
bility, including immediately—
(1) defining program office positional roles, re-
sponsibilities, and relationships; 
(2) developing and implementing a human cap-
ital strategy that provides for staffing these posi-
tions with individuals who have the requisite core 
competencies (knowledge, skills, and abilities); 
(3) developing and implementing a plan for sat-
isfying key Software Engineering Institute acquisi-
tion management controls, to include acquisition 
planning, solicitation, requirements development and 
management, project management, contractor track-
ing and oversight, evaluation, and transition to sup-
port; 
(4) developing and implementing a risk man-
agement plan and ensuring that all high risks and
their status are reported regularly to the executive 
body and Congressional Committees of Jurisdiction; 
(5) defining performance standards for each 
US-VISIT system increment that are measurable 
and reflect the limitations imposed by relying on ex-
isting systems to form these system increments; and 
(6) developing an analysis of incremental pro-
gram cost, benefits, and risks, and providing this 
analysis to the executive body, to assist it in the 
body’s deliberations and decisionmaking. 
(c) The Secretary of Homeland Security shall ensure 
that any officer or employee of the Department of Home-
land Security or the Department of State requiring access 
to the data contained in the US-VISIT system for any 
lawful purpose under the Immigration and Nationality Act 
is properly authorized to do so, including access for pur-
poses of representation of the Department of Homeland 
Security in removal proceedings under section 240 of such 
Act and adjudication of applications for benefits under 
such Act. 
SEC. 102. SECURE IDENTIFICATION DOCUMENTS. 
(a) Section 215 of the Immigration and Nationality 
Act (8 U.S.C. 1185) is amended—
(1) by adding new subsection (g) to read as fol-
lows:
‘‘(g) SECURE IDENTIFICATION DOCUMENTS.—
‘‘(1) The use by any person of any document 
designated as insecure by the Secretary of Homeland 
Security (hereafter ‘the Secretary’) for entry into or 
departure from the United States at any land, sea, 
or air port of entry, is prohibited. 
‘‘(2) The use by any alien of any document des-
ignated as insecure by the Secretary to identify such 
aliens for purposes of transportation of persons by 
public or private conveyance in interstate commerce 
is prohibited. 
‘‘(3) The Secretary may waive the prohibition 
in paragraph (1) for citizens and legal permanent 
residents of the United States whose identity has 
been verified by a designation or endorsement of 
such status on the identification document. 
‘‘(4) The Secretary shall, upon demand, pay-
ment of a fee, and verification of identity, issue to 
any United States citizen a tamperproof counterfeit-
resistant secure identification card with biometric 
identifiers. No government agency or private person 
or entity may require any citizen to carry or produce 
such card for identification purposes.’’; and 
(2) by amending subsection (c) to add at the 
end the following: ‘‘The term ‘insecure document’ as
used in this section means a driver’s license, identi-
fication card, or other document issued by a State 
or any political subdivision thereof, or by a consular 
representative or agent of a foreign government in 
the United States, that may be issued to an alien 
who, on the date of issuance of such document, is 
unlawfully present in the United States after the ex-
piration of the period of stay authorized by the Sec-
retary or is present in the United States without 
being admitted or paroled.’’. 
(b) The Secretary shall issue the list of insecure docu-
ments described in section 215(c), as amended, within 60 
days of enactment of this Act. The Secretary shall update 
such list semiannually thereafter, or upon application by 
any State or foreign government that has demonstrated 
to the satisfaction of the Secretary that a travel or identi-
fication document issued by such jurisdiction is no longer 
insecure. 
(c) The provisions of section 215(g)(1), as amended, 
shall be effective 90 days after enactment of this Act. 
(d) The provisions of section 215(g)(2), as amended, 
shall be effective 120 days after enactment of this Act.
SEC. 103. CONSULAR OFFICER INTERVIEWS OF ALL VISA 
APPLICANTS. 
(a) IN GENERAL.—Section 221 (8 U.S.C. 1201) is 
amended by adding at the end the following:
‘‘(j) Prior to the issuance of an immigrant visa or 
initial issuance of a nonimmigrant visa to any alien, the 
consular officer shall require such alien to submit to an 
in-person interview in accordance with such regulations as 
may be prescribed.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out the amend-
ment made by subsection (a) such sums as may be nec-
essary. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall be effective 6 months after the date 
of enactment of this Act. 
SEC. 104. CUSTOMS AND BORDER PROTECTION AGENCY 
STAFFING REPORT. 
In order to assess the status of current and projected 
staffing, the Customs and Border Protection Agency will 
submit to the Committees on Appropriations, the Senate 
Committee on Judicial Affairs, and the House Select Com-
mittee on Homeland Security not later than July 1, a de-
tailed staffing plan including—
(1) actual onboard personnel for FY03; 
(2) projected staffing for FY04;
(3) positions authorized but vacant; 
(4) full-time, part-time, and temporary fee-
funded positions; and 
(5) staffing at each port of entry and border 
area. 
SEC. 105. AIR INTERDICTION, OPERATIONS, MAINTENANCE, 
AND PROCUREMENT. 
For necessary expenses for the operations, mainte-
nance, and procurement of aircraft, and other related 
equipment of the air program, including operational train-
ing and mission-related travel, and rental payments for 
facilities occupied by the air interdiction and demand re-
duction programs, the operations of which include the fol-
lowing: the interdiction of unlawful controlled substances 
and other goods; the provision of support to Federal, 
State, and administration of laws enforced by the Bureau 
of Immigration and Customs Enforcement; and at the dis-
cretion of the Under Secretary for Border and Transpor-
tation Security, the provision of assistance to Federal, 
State, and local agencies in other law enforcement and 
emergency humanitarian efforts, $10,000,000, to remain 
available until expended.
SEC. 106. USE OF ARMY AND AIR FORCE TO SECURE THE 
BORDER. 
Section 1385 of title 18, United States Code, is 
amended by inserting after ‘‘execute the laws’’ the fol-
lowing: ‘‘other than at or near a border of the United 
States, or its functional equipment in order to prevent 
aliens, terrorists, drug smugglers, and weapons of mass 
destruction from entering the United States’’. 
SEC. 107. INCREASED PENALTIES FOR ALIEN SMUGGLING. 
Section 274(a) of the Immigration and Nationality 
Act (8 U.S.C. 1324(a)) is amended by adding at the end 
the following: 
‘‘(4) In the case of a person who has brought 
an alien into the United States in violation of this 
subsection, the minimum sentence otherwise pro-
vided for shall be increased by 10 years.’’.
SEC. 108. ADMINISTRATIVE REMOVAL OF ALIEN TERROR-
ISTS. 
(a) IN GENERAL.—Section 238 (8 U.S.C. 1228) is 
amended—
(1) in the section heading, by striking ‘‘ALIENS 
CONVICTED
OF
COMMITTING
AGGRAVATED
FELO-
NIES’’ and inserting ‘‘CERTAIN ALIENS’’; 
(2) in the heading of subsection (a), by insert-
ing ‘‘INSTITUTIONAL’’ before ‘‘REMOVAL’’;
(3) in subsection (a)(1), by striking ‘‘241’’ each 
place it appears and inserting ‘‘237’’; 
(4) by amending the heading of subsection (b) 
to read as follows: 
‘‘(b) PROCEEDINGS FOR THE ADMINISTRATIVE RE-
MOVAL OF ALIENS.—’’; 
(5) by amending subsection (b)(1) to read as 
follows: 
‘‘(1) The Secretary of Homeland Security 
may—
‘‘(A) in the case of an alien described in 
paragraph (2), determine the deportability of 
such alien under section 237(a)(2)(A)(iii) (re-
lating to conviction of an aggravated felony); or 
‘‘(B) in the case of an alien certified under 
paragraph (2)(C), determine the deportability 
of such alien under any provision of section 
237—
and issue an order of removal pursuant to the proce-
dures set forth in this subsection or section 240.’’; 
(6) in subsection (b)(2)—
(A) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; or’’; and
(C) by adding at the end the following: 
‘‘(C) has been certified by the Secretary of 
Homeland Security, pursuant to paragraph (6), 
which certification is not reviewable except as 
provided in subsection (b)(7).’’; 
(7) by adding at the end of subsection (b) the 
following: 
‘‘(6) CERTIFICATION.—The Secretary of Home-
land Security may certify an alien under this para-
graph if the Secretary has reasonable grounds to be-
lieve that the alien—
‘‘(A) 
is 
described 
in 
section 
212(a)(3)(A)(i), 
212(a)(3)(A)(iii), 
212(a)(3)(B), 
237(a)(4)(A)(i), 
237(a)(4)(A)(iii), or 237(a)(4)(B); or 
‘‘(B) is engaged in any other activity that 
endangers the national security of the United 
States. 
‘‘(7) 
NONDELEGATION.—The 
Secretary 
of 
Homeland Security may delegate the authority pro-
vided under paragraph (6) only to the Deputy Sec-
retary of Homeland Security. The Deputy Secretary 
may not delegate such authority. 
‘‘(8) JUDICIAL REVIEW.—Notwithstanding any 
other provision of law, judicial review of an order
under paragraph (2)(C) shall be available only by a 
filing in the United States Court of Appeals for the 
District of Columbia.’’; 
(8) by striking the first subsection (c) and in-
serting the following: 
‘‘(c) PRESUMPTION
OF REMOVABILITY.—An alien 
convicted of an aggravated felony, or certified pursuant 
to section 238(b)(2)(C), shall be conclusively presumed to 
be removable from the United States.’’; and 
(9) by redesignating the second subsection (c) 
(redesignated as such by section 671(b)(13) of the 
Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996) as subsection (d). 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to aliens in removal proceedings 
on or after such date. 
TITLE II—ALIEN BONDS 
SEC. 201. MAINTENANCE OF STATUS/DEPARTURE BONDS 
AND DELIVERY BONDS. 
(a) DEFINITIONS.—For purposes of this section: 
(1)(A) MAINTENANCE OF STATUS/DEPARTURE 
BOND.—The term ‘‘maintenance of status/departure 
bond’’ (MS/D bond) means a written suretyship un-
dertaking entered into by an alien individual seeking
admission to the United States of America on a non-
immigrant visa, the performance of which is guaran-
teed by an acceptable surety on Federal bonds. 
(B) DELIVERY
BOND.—The term ‘‘delivery 
bond’’ means a written suretyship undertaking for 
the surrender of an individual against whom the De-
partment of Homeland Security has issued an order 
to show cause or a notice to appear, the performance 
of which is guaranteed by an acceptable surety on 
Federal bonds. 
(2) PRINCIPAL.—The term ‘‘principal’’ means 
an individual who is the subject of a bond. 
(3) SURETYSHIP
UNDERTAKING.—The term 
‘‘suretyship undertaking’’ means a written agree-
ment, executed by a bonding agent on behalf of a 
surety, which binds all parties to its certain terms 
and conditions and which provides obligations for 
the principal and the surety while under the bond 
and penalties for forfeiture to ensure the obligations 
of the principal and the surety under the agreement. 
(4) BONDING
AGENT.—The term ‘‘bonding 
agent’’ means any individual properly licensed, ap-
proved, and appointed by power of attorney to exe-
cute or countersign surety bonds in connection with 
any matter governed by the Immigration and Na-
tionality Act as amended (8 U.S.C. 1101, et seq.), 
and who receives a premium for executing or 
countersigning such surety bonds.
(5) 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 bond; 
(B) to perform the bond as required; and 
(C) to pay the face amount of the bond as 
a penalty for failure to perform. 
(b) ISSUANCE OF BOND.—The Secretary of State 
shall require applicants from the countries with the high-
est overstay rates, who have qualified for grants of B1, 
B2, or F1 nonimmigrant visas, to post MS/D bonds before 
their visas may be issued. Determination of the countries 
with the highest overstay rates shall be made by the Sec-
retary of Homeland Security. The Secretary shall require 
all individuals detained under section 236(a) (8 U.S.C. 
1226) to post delivery bonds of not less than $10,000, as 
a condition of release from custody, unless an immigration 
judge orders the alien released on his own recognizance. 
(c) VALIDITY, AGENT NOT CO-OBLIGOR, EXPIRA-
TION, RENEWAL, AND CANCELLATION OF BONDS.—
(1) VALIDITY.—Maintenance of status/depar-
ture bond and delivery bond undertakings are valid 
if such bonds—
(A) state the full, correct, and proper 
name of the alien principal; 
(B) state the amount of the bond; 
(C) are guaranteed by a surety and 
countersigned by an agent who is properly ap-
pointed; 
(D) bond documents are properly executed; 
and 
(E) relevant bond documents are properly 
filed with the Secretary of Homeland Security. 
(2) BONDING AGENT NOT CO-OBLIGOR, PARTY, 
OR GUARANTOR IN INDIVIDUAL CAPACITY, AND NO 
REFUSAL
IF
ACCEPTABLE
SURETY.—Section 
9304(b) of title 31, United States Code, is amended 
by adding at the end the following: ‘‘Notwith-
standing any other provision of law, no bonding 
agent of a corporate surety shall be required to exe-
cute bonds as a co-obligor, party, or guarantor in an 
individual capacity on bonds provided by the cor-
porate surety, nor shall a corporate surety bond be 
refused if the corporate surety appears on the cur-
rent Treasury Department Circular 570 as a com-
pany holding a certificate of authority as an accept-
able surety on Federal bonds and attached to the 
bond is a currently valid instrument showing the au-
thority of the bonding agent of the surety company 
to execute the bond.’’. 
(3) EXPIRATION.—An MS/D bond undertaking 
shall expire and the bond shall be canceled when—
(A) the principal, in compliance with the 
conditions of his bond and nonimmigrant visa, 
departs the United States prior to overstaying; 
(B) the alien is surrendered, or surrenders 
to the Department of Homeland Security for 
removal before the Department issues a ‘‘notice 
to surrender the alien’’ for removal; or 
(C) the bond renewal premium has not 
been paid and the alien has been surrendered to 
the Department for removal. 
(4) EXPIRATION.—A delivery bond undertaking 
shall expire at the earliest of—
(A) 1 year from the date of issue; 
(B) at the cancellation of the bond or sur-
render of the principal; or 
(C) immediately upon nonpayment of the 
renewal premium.
(5) RENEWAL.—Delivery bonds may be re-
newed—
(A) annually, with payment of proper pre-
mium to the surety provided there has been no 
breach of conditions, default, claim, or for-
feiture of the bond; 
(B) if a delivery bond is not renewed the 
bond remains in force until the alien is surren-
dered to the Department of Homeland Security 
for removal. When the alien is surrendered, the 
Department must cause the bond to be can-
celed. 
(6) CANCELLATION.—Delivery bonds shall be 
canceled and the surety exonerated—
(A) for nonrenewal after the alien has been 
surrendered to the Department of Homeland 
Security for removal; 
(B) if the surety or bonding agent provides 
reasonable evidence that there was misrepresen-
tation or fraud in the application for the bond; 
(C) upon the death or incarceration of the 
principal, or the inability of the surety to 
produce the principal for medical reasons;
(D) if the principal is detained by any law 
enforcement agency of any State, county, city, 
or any politial subdivision thereof; 
(E) if it can be established that the alien 
departed the United States of America for any 
reason without permission of the Secretary of 
Homeland Security, the surety, or the bonding 
agent; 
(F) if the foreign state of which the prin-
cipal is a national is designated pursuant to 
section 244 of the Act (8 U.S.C. 1254a) after 
the bond is posted; or 
(G) if the principal is surrendered to the 
Department of Homeland Security, removal by 
the surety or the bonding agent. 
(7) CANCELLATION.—MS/D bonds shall be can-
celed and the surety exonerated—
(A) when a bonded nonimmigrant departs 
the United States for any reason; 
(B) if the foreign state of which the prin-
cipal is a national is designated pursuant to 
section 244 of the Act (8 U.S.C. 1254(a)) after 
a bond has been posted; and
(C) when the principal is surrendered to 
the Department of Homeland Security for re-
moval by the surety or the bonding agent. 
(8) EFFECT
OF
EXPIRATION
OR
CANCELLA-
TION.—When a maintenance of status/departure 
bond expires without being immediately renewed, the 
nonimmigrant status of the alien shall be revoked 
immediately. However, the bond will not be canceled 
until the principal is surrendered to the Department 
of Homeland Security for removal. 
(9) SURRENDER
OF
PRINCIPAL; FORFEITURE 
OF BOND PREMIUM.—
(A) SURRENDER.—At any time, before a 
breach of any of the bond conditions, if in the 
opinion of the surety or bonding agent, the 
principal becomes a flight risk, the principal 
may be surrendered to the Department of 
Homeland Security for removal. 
(B) FORFEITURE OF BOND PREMIUM.—A 
principal may be surrendered without the re-
turn of any bond premium if the principal—
(i) changes address without notifying 
the surety, the bonding agent, and the Sec-
retary of Homeland Security in writing 
prior to such change;
(ii) changes schools, or obtains new 
employment without receiving prior written 
authorization from the surety, the agent or 
the Secretary; 
(iii) hides or is concealed from a sur-
ety, a bonding agent, or the Secretary; 
(iv) fails to report to the Secretary as 
required at least annually; or 
(v) violates the contract with the 
bonding agent or surety, commits any act 
that may lead to a breach of the bond, or 
otherwise violates any other obligation or 
condition of the visa or bond established by 
the Secretary. 
(10) CERTIFIED COPY OF BOND AND ARREST 
WARRANT TO ACCOMPANY SURRENDER.—
(A) IN
GENERAL.—A bonding agent or 
surety desiring to surrender the principal—
(i) shall have the right to petition the 
Secretary of Homeland Security or any 
Federal court, without having to pay any 
fees or court costs, for an arrest warrant 
for the arrest of the principal; 
(ii) shall forthwith be provided 2 cer-
tified copies each of the arrest warrant and
the bond undertaking, without having to 
pay any fees or courts costs; and 
(iii) shall have the right to pursue, ap-
prehend, detain, and surrender the prin-
cipal, together with certified copies of the 
arrest warrant and the bond undertaking, 
to any Department of Homeland Security 
detention official or Department detention 
facility or any detention facility authorized 
to hold Federal detainees. 
(B) EFFECTS OF DELIVERY.—Upon sur-
render of a principal under subparagraph 
(A)(iii)—
(i) the official to whom the principal 
is surrendered shall detain the principal in 
custody and issue a written certificate of 
surrender; and 
(ii) the Secretary of Homeland Secu-
rity shall immediately exonerate the surety 
from any further liability on the bond. 
(11) FORM OF BOND.—Maintenance of status/
departure bonds and delivery bonds shall in all cases 
state the following and be secured by a corporate 
surety that is certified as an acceptable surety on
Federal bonds and whose name appears on the cur-
rent Treasury Department Circular 570: 
‘‘(A) BREACH OF BOND; PROCEDURE, FOR-
FEITURE, NOTICE.—
‘‘(i) If a principal violates any condi-
tions of the visa or the bond, or the prin-
cipal is or becomes subject to a final ad-
ministrative order of deportation or re-
moval, the Secretary of Homeland Security 
shall—
‘‘(I) immediately order the visa 
issued to the principal canceled; 
‘‘(II) immediately issue a war-
rant for the principal’s arrest and 
enter that arrest warrant into the Na-
tional 
Crime 
Information 
Center 
(NCIC) 
computerized 
information 
database; 
‘‘(III) order the bonding agent 
and surety to take the principal into 
custody and surrender the principal to 
any one of 10 designated Department 
of Homeland Security ‘‘turn-in’’ cen-
ters located nationwide in the areas of 
greatest need, at any time of day dur-
ing 15 months after mailing the ar-
rest warrant and the order to the 
bonding agent and the surety as re-
quired by subparagraph (A)(i)(IV), 
and immediately enter that order into 
the National Crime Information Cen-
ter (NCIC) computerized information 
database; and 
‘‘(IV) mail 2 certified copies each 
of the arrest warrant issued pursuant 
to subparagraph (A)(i)(II) and 2 cer-
tified copies each of the order issued 
pursuant to subparagraph (A)(i)(III) 
to only the bonding agent and surety 
via certified mail return receipt to 
their last known addresses. 
‘‘(ii) Bonding agents and sureties 
shall immediately notify the Secretary of 
Homeland Security of their changes of ad-
dress and/or telephone numbers. 
‘‘(iii) The Secretary of Homeland Se-
curity shall establish, disseminate to bond-
ing agents and sureties, and maintain on a 
current basis a secure nationwide toll-free 
list of telephone numbers of Department of
Homeland Security officials, including the 
names of such officials, that bonding 
agents, sureties, and their employees may 
immediately contact at any time to discuss 
and resolve any issue regarding any prin-
cipal or bond, to be known as ‘Points of 
Contact’. 
‘‘(iv) A bonding agent or surety shall 
have full and complete access, free of 
charge, to any and all information, elec-
tronic or otherwise, in the care, custody, 
and control of the United States Govern-
ment or any State or local government or 
any subsidiary or police agency thereof re-
garding the principal that may be helpful 
in complying with section 201 of the Vis-
itor Information and Security Account-
ability Act that the Secretary of Homeland 
Security, by regulations subject to approval 
by Congress, determines may be helpful in 
locating or surrendering the principal. Be-
yond the principal, a bonding agent or sur-
ety shall not be required to disclose any in-
formation, including but not limited to the 
arrest warrant and order, received from
any governmental source, any person, firm, 
corporation, or other entity. 
‘‘(v) If the principal is later arrested, 
detained, or otherwise located outside the 
United States and the outlying possessions 
of the United States (as defined in section 
101(a) of the Immigration and Nationality 
Act), the Secretary of Homeland Security 
shall—
‘‘(I) immediately order that the 
surety is completely exonerated, and 
the bond canceled; and 
‘‘(II) if the Secretary of Home-
land Security has issued an order 
under clause (i), the surety may re-
quest, by written, properly filed mo-
tion, reinstatement of the bond. This 
subclause may not be construed to 
prevent the Secretary of Homeland 
Security from revoking or resetting a 
bond at a higher amount. 
‘‘(vi) The bonding agent or surety 
must—
‘‘(I) during the 15 months after 
the date the arrest warrant and order
were mailed pursuant to subpara-
graph (A)(i)(IV) surrender the prin-
cipal one time; or 
‘‘(II)(aa) provide reasonable evi-
dence that producing the principal 
was prevented—
‘‘(aaa) by the principal’s ill-
ness or death; 
‘‘(bbb) because the principal 
is detained in custody in any city, 
State, country, or any political 
subdivision thereof; 
‘‘(ccc) because the principal 
has left the United States or its 
outlying possessions (as defined 
in section 101(a) of the Immigra-
tion and Nationality Act (8 
U.S.C. 1101(a)); or 
‘‘(ddd) because required no-
tice was not given to the bonding 
agent or surety; and 
‘‘(bb) establish by affidavit that 
the inability to produce the principal 
was not with the consent or conniv-
ance of the bonding agent or surety.
‘‘(vii) If compliance occurs more than 
15 months but no more than 18 months 
after the mailing of the arrest warrant and 
order to the bonding agent and the surety 
required under subparagraph (A)(i)(IV), 
an amount equal to 25 percent of the face 
amount of the bond shall be assessed as a 
penalty against the surety. 
‘‘(viii) If compliance occurs more than 
18 months but no more than 21 months 
after the mailing of the arrest warrant and 
order to the bonding agent and the surety 
required under subparagraph (A)(i)(IV), 
an amount equal to 50 percent of the face 
amount of the bond shall be assessed as a 
penalty against the surety. 
‘‘(ix) If compliance occurs more than 
21 months but no more than 24 months 
after the mailing of the arrest warrant and 
order to the bonding agent and the surety 
required under subparagraph (A)(i)(IV), 
an amount equal to 75 percent of the face 
amount of the bond shall be assessed as a 
penalty against the surety.
‘‘(x) If compliance occurs 24 months 
or more after the mailing of the arrest 
warrant and order to the bonding agent 
and the surety required under subpara-
graph (A)(i)(IV), an amount equal to 100 
percent of the face amount of the bond 
shall be assessed as a penalty against the 
surety. 
‘‘(xi) If any surety surrenders any 
principal to the Secretary of Homeland Se-
curity at any time and place after the pe-
riod for compliance has passed, the Sec-
retary of Homeland Security shall cause to 
be issued to that surety an amount equal 
to 50 percent of the face amount of the 
bond: Provided, however, That if that sur-
ety owes any penalties on bonds to the 
United States, the amount that surety 
would otherwise receive shall be offset by 
and applied as a credit against the amount 
of penalties on bonds it owes the United 
States, and then that surety shall receive 
the remainder of the amount to which it is 
entitled under this subparagraph, if any.
‘‘(xii) All penalties assessed against a 
surety on a bond, if any, shall be paid by 
the surety no more than 27 months after 
the mailing of the arrest warrant and 
order to the bonding agent and the surety 
required under subparagraph (A)(i)(IV). 
‘‘(B) The Secretary of Homeland Security 
may waive penalties or extend the period for 
payment or both, if—
‘‘(i) a written request is filed with the 
Secretary of Homeland Security; and 
‘‘(ii) the bonding agent or surety pro-
vides an affidavit that diligent efforts were 
made to effect compliance of the principal. 
‘‘(C) COMPLIANCE; EXONERATION; LIMITA-
TION OF LIABILITY.—
‘‘(i) COMPLIANCE.—A bonding agent 
or surety shall have the absolute right to 
locate, apprehend, arrest, detain, and sur-
render any principal, wherever he or she 
may be found, who violates any of the 
terms and conditions of his or her visa or 
bond.
‘‘(ii) EXONERATION.—Upon satisfying 
any of the requirements of the bond, the 
surety shall be completely exonerated. 
‘‘(iii) LIMITATION
OF
LIABILITY.—
Notwithstanding any other provision of 
law, the total liability on any surety under-
taking shall not exceed the face amount of 
the bond.’’. 
(d) EFFECTIVE DATE.—The provisions of this sec-
tion shall take effect on the date of the enactment of this 
Act and shall apply to bonds and surety undertakings exe-
cuted before, on, or after the date of the enactment of 
this Act. 
SEC. 202. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS. 
(a) IN GENERAL.—Section 236(a)(2) is amended to 
read as follows: 
‘‘(2) subject to such reasonable regulations as 
the Secretary of Homeland Security may prescribe, 
shall permit agents, servants, and employees of cor-
porate sureties to visit in person with individuals de-
tained by the Secretary of and, subject to section 
241(a)(8), may release the alien on a delivery bond 
of at least $10,000, with security approved by the 
Secretary, and containing conditions and procedures 
prescribed by section 201 of the VISA Act and by
the Secretary, but the Secretary shall not release the 
alien on or to his own recognizance unless an order 
of an immigration judge expressly finds and states 
in a signed order to release the alien to his own re-
cognizance that the alien is not a flight risk and is 
not a threat to the United States’’. 
(b) REPEAL.—Section 286(r) of the Act (8 U.S.C. 
1356(r)) is repealed in its entirety. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act. 
SEC. 203. DETENTION OF ALIENS DELIVERED BY BONDS-
MEN. 
(a) IN
GENERAL.—Section 241(a) (8 U.S.C. 
1231(a)) is amended by adding at the end the following: 
‘‘(8) EFFECT
OF
PRODUCTION
OF
ALIEN
BY 
BONDSMAN.—Notwithstanding any other provision 
of law, the Secretary of Homeland Security shall 
take into custody any alien subject to a final order 
of removal, and cancel any bond previously posted 
for the alien, if the alien is produced within the pre-
scribed time limit by the obligor on the bond wheth-
er or not the Department of Homeland Security ac-
cepts custody of the alien. The obligor on the bond 
shall be deemed to have substantially performed all
conditions imposed by the terms of the bond, and 
shall be released from liability on the bond, if the 
alien is produced within such time limit.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to all immigration bonds 
posted before, on, or after the date of the enactment of 
this Act.
Æ