Pub. L. 104-208, div. C, tit. V, subtit. D, sec. 564
PILOT PROGRAMS TO REQUIRE BONDING.
SEC. 564. PILOT PROGRAMS TO REQUIRE BONDING. (a) In General.— (1) The Attorney General of the United States shall establish a pilot program in 5 district offices of the Immigration and Naturalization Service to require aliens to post a bond in addition to the affidavit requirements under section 213A of the Immigration and Nationality Act and the deeming requirements under section 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631). Any pilot program established pursuant to this subsection shall require an alien to post a bond in an amount sufficient to cover the cost of benefits described in section 213A(d)(2)(B) of the Immigration and Nationality Act (as amended by section 551(a) of this division) for the alien and the alien’s dependents and shall remain in effect until the departure, naturalization, or death of the alien. (2) Suit on any such bonds may be brought under the terms and conditions set forth in section 213A of the Immigration and Nationality Act. (b) Regulations.— Not later than 180 days after the date of the enactment of this Act, the Attorney General shall issue regulations for establishing the pilot programs, including— (1) criteria and procedures for— (A) certifying bonding companies for participation in the program, and (B) debarment of any such company that fails to pay a bond, and (2) criteria for setting the amount of the bond to assure that the bond is in an amount that is not less than the cost 110 STAT. 3009–684of providing benefits under the programs described in subsection (a)(1) for the alien and the alien’s dependents for 6 months. (c) Authorization of Appropriations.— There are authorized to be appropriated such sums as may be necessary to carry out this section. (d) Annual Reporting Requirement.— Beginning 9 months after the date of implementation of the pilot program, the Attorney General shall submit annually to the Committees on the Judiciary of the House of Representatives and the Senate a report on the effectiveness of the program. The Attorney General snail submit a final evaluation of the program not later than 1 year after termination. (e) Sunset.— The pilot program under this section shall terminate after 3 years of operation. (f) Bonds in Addition to Sponsorship and Deeming Requirements.— Section 213 (8 U.S.C. 1183) is amended by inserting “(subject to the affidavit of support requirement and attribution of sponsor’s income and resources under section 213A)” after “in the discretion of the Attorney General”.