[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3452 Introduced in House (IH)]







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 Representatives 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 STATUS TECHNOLOGY (US-
              VISIT) PROGRAM.

    (a) The Secretary of Homeland Security, in collaboration 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 
        Homeland 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 financial 
                resources are expeditiously provided to establish a 
                fully functional and effective US-VISIT program office 
                and associated management capability;
                    (B) clarify the operational context within which 
                US-VISIT must operate; and
                    (C) decide whether proposed US-VISIT increments 
                will produce mission value commensurate 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 expeditiously establish an effective program 
management capability, including immediately--
            (1) defining program office positional roles, 
        responsibilities, and relationships;
            (2) developing and implementing a human capital strategy 
        that provides for staffing these positions with individuals who 
        have the requisite core competencies (knowledge, skills, and 
        abilities);
            (3) developing and implementing a plan for satisfying key 
        Software Engineering Institute acquisition management controls, 
        to include acquisition planning, solicitation, requirements 
        development and management, project management, contractor 
        tracking and oversight, evaluation, and transition to support;
            (4) developing and implementing a risk management 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 existing systems to form these system 
        increments; and
            (6) developing an analysis of incremental program 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 Homeland 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 
purposes 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 follows:
    ``(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 designated 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, payment 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, identification 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 expiration of the period 
        of stay authorized by the Secretary or is present in the United 
        States without being admitted or paroled.''.
    (b) The Secretary shall issue the list of insecure documents 
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 
identification 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 amendment made by subsection (a) such 
sums as may be necessary.
    (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 Committee on Homeland Security not later than July 1, a 
detailed 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, maintenance, and 
procurement of aircraft, and other related equipment of the air 
program, including operational training and mission-related travel, and 
rental payments for facilities occupied by the air interdiction and 
demand reduction programs, the operations of which include the 
following: 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 discretion of the Under Secretary for Border and 
Transportation 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 following: ``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 provided for shall be increased by 10 
        years.''.

SEC. 108. ADMINISTRATIVE REMOVAL OF ALIEN TERRORISTS.

    (a) In General.--Section 238 (8 U.S.C. 1228) is amended--
            (1) in the section heading, by striking ``aliens convicted 
        of committing aggravated felonies'' and inserting ``certain 
        aliens'';
            (2) in the heading of subsection (a), by inserting 
        ``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 Removal 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) (relating 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 procedures 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 Homeland Security 
        may certify an alien under this paragraph if the Secretary has 
        reasonable grounds to believe 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 provided under paragraph (6) only to 
        the Deputy Secretary 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 inserting 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 Responsibility 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 undertaking entered into by an alien 
        individual seeking admission to the United States of America on 
a nonimmigrant visa, the performance of which is guaranteed 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 Department 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 agreement, 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, approved, and appointed by power 
        of attorney to execute or countersign surety bonds in 
        connection with any matter governed by the Immigration and 
        Nationality 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 entity, 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 highest 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 Secretary 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, Expiration, Renewal, and 
Cancellation of Bonds.--
            (1) Validity.--Maintenance of status/departure 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 appointed;
                    (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: ``Notwithstanding any other 
        provision of law, no bonding agent of a corporate surety shall 
        be required to execute bonds as a co-obligor, party, or 
        guarantor in an individual capacity on bonds provided by the 
        corporate surety, nor shall a corporate surety bond be refused 
        if the corporate surety appears on the current Treasury 
        Department Circular 570 as a company holding a certificate of 
        authority as an acceptable surety on Federal bonds and attached 
        to the bond is a currently valid instrument showing the 
        authority 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 surrender of 
                the principal; or
                    (C) immediately upon nonpayment of the renewal 
                premium.
            (5) Renewal.--Delivery bonds may be renewed--
                    (A) annually, with payment of proper premium to the 
                surety provided there has been no breach of conditions, 
                default, claim, or forfeiture of the bond;
                    (B) if a delivery bond is not renewed the bond 
                remains in force until the alien is surrendered to the 
                Department of Homeland Security for removal. When the 
                alien is surrendered, the Department must cause the 
                bond to be canceled.
            (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 misrepresentation 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 principal 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 canceled and the 
        surety exonerated--
                    (A) when a bonded nonimmigrant departs the United 
                States for any reason;
                    (B) if the foreign state of which the principal 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 removal by the 
                surety or the bonding agent.
            (8) Effect of expiration or cancellation.--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 return of any bond premium if 
                the principal--
                            (i) changes address without notifying the 
                        surety, the bonding agent, and the Secretary 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 surety, 
                        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 
                        certified 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, 
                        apprehend, detain, and surrender the principal, 
                        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 surrender 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 Security 
                        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 current Treasury Department Circular 570:
                    ``(A) Breach of bond; procedure, forfeiture, 
                notice.--
                            ``(i) If a principal violates any 
                        conditions of the visa or the bond, or the 
                        principal is or becomes subject to a final 
                        administrative order of deportation or removal, 
                        the Secretary of Homeland Security shall--
                                    ``(I) immediately order the visa 
                                issued to the principal canceled;
                                    ``(II) immediately issue a warrant 
                                for the principal's arrest and enter 
                                that arrest warrant into the National 
                                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'' centers 
                                located nationwide in the areas of 
                                greatest need, at any time of day 
                                during 15 months after mailing the 
                                arrest warrant and the order to the 
                                bonding agent and the surety as 
                                required by subparagraph (A)(i)(IV), 
                                and immediately enter that order into 
                                the National Crime Information Center 
                                (NCIC) computerized information 
                                database; and
                                    ``(IV) mail 2 certified copies each 
                                of the arrest warrant issued pursuant 
                                to subparagraph (A)(i)(II) and 2 
                                certified 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 address and/or 
                        telephone numbers.
                            ``(iii) The Secretary of Homeland Security 
                        shall establish, disseminate to bonding 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 principal 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, 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 principal that may 
                        be helpful in complying with section 201 of the 
                        Visitor Information and Security Accountability 
                        Act that the Secretary of Homeland Security, by 
                        regulations subject to approval by Congress, 
                        determines may be helpful in locating or 
                        surrendering the principal. Beyond the 
                        principal, a bonding agent or surety shall not 
                        be required to disclose any information, 
                        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 Homeland 
                                Security 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 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 subparagraph 
                                (A)(i)(IV) surrender the principal one 
                                time; or
                                    ``(II)(aa) provide reasonable 
                                evidence that producing the principal 
                                was prevented--
                                            ``(aaa) by the principal's 
                                        illness 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 
                                        Immigration and Nationality Act 
                                        (8 U.S.C. 1101(a)); or
                                            ``(ddd) because required 
                                        notice 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 connivance 
                                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 subparagraph (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 Security 
                        at any time and place after the period for 
                        compliance has passed, the Secretary 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 surety 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 provides 
                        an affidavit that diligent efforts were made to 
                        effect compliance of the principal.
                    ``(C) Compliance; exoneration; limitation of 
                liability.--
                            ``(i) Compliance.--A bonding agent or 
                        surety shall have the absolute right to locate, 
                        apprehend, arrest, detain, and surrender 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 undertaking shall 
                        not exceed the face amount of the bond.''.
    (d) Effective Date.--The provisions of this section shall take 
effect on the date of the enactment of this Act and shall apply to 
bonds and surety undertakings executed 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 corporate sureties to visit 
        in person with individuals detained 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 recognizance 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 enactment of this Act.

SEC. 203. DETENTION OF ALIENS DELIVERED BY BONDSMEN.

    (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 prescribed 
        time limit by the obligor on the bond whether or not the 
        Department of Homeland Security accepts 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 enactment of this Act and shall apply to 
all immigration bonds posted before, on, or after the date of the 
enactment of this Act.
                                 <all>