[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4497 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4497

  To establish terms and conditions for delivery bonds in immigration 
                     cases, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2005

Mr. Sessions (for himself, Mr. Poe, Mr. Sullivan, Mr. Tancredo, and Mr. 
  Hayworth) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To establish terms and conditions for delivery bonds in immigration 
                     cases, and for other purposes.

    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 ``Bringing Overstay Numbers Down Act 
of 2005'' or the ``BOND Act of 2005''.

SEC. 2. DELIVERY BONDS.

    (a) Definitions.--For purposes of this section:
            (1) Bonding agent.--The term ``bonding agent'' means any 
        individual properly licensed, approved, and appointed by power 
        of attorney issued by a qualified surety to execute or 
        countersign surety bonds in connection with any matter governed 
        by the Immigration and Nationality Act (8 U.S.C. 1101, et 
        seq.), and who receives a premium for executing or 
        countersigning such surety bonds.
            (2) 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.
            (3) Principal.--The term ``principal'' means an individual 
        who is the subject of a delivery bond.
            (4) Secretary.--The term ``Secretary'' refers to the 
        Secretary of Homeland Security.
            (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 delivery 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.
            (6) 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 delivery bond and 
        penalties for forfeiture to ensure the obligations of the 
        principal and the surety under the agreement.
    (b) Validity, Agent not Co-Obligor, Expiration, Renewal, and 
Cancellation of Bonds.--
            (1) Validity.--A delivery bond, for purposes of 
        surrendering an individual against whom the Department of 
        Homeland Security has issued an order to show cause or a notice 
        to appear, is valid if--
                    (A) the bond states the full, correct, and proper 
                name of the alien principal;
                    (B) the bond states the amount of the bond;
                    (C) the bond is guaranteed by a surety and 
                countersigned by an agent who is properly appointed;
                    (D) the 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 surety 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.--A delivery bond shall expire at the 
        earliest of--
                    (A) one 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.
        The Secretary of Homeland Security shall cause all expired 
        delivery bonds to be canceled.
            (4) Renewal.--Delivery bonds may be renewed annually, with 
        payment of proper premium to the surety, if there have been no 
        breach of conditions, default, claim, or forfeiture of the 
        bond. Notwithstanding any renewal, when the alien is 
        surrendered to the Secretary for removal, the Secretary shall 
        cause the bond to be canceled.
            (5) 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 
                political subdivision thereof;
                    (E) if it can be established that the alien 
                departed the United States for any reason without 
                permission of the Secretary, the surety, or the bonding 
                agent;
                    (F) if the foreign state of which the principal is 
                a national is designated for temporary protected status 
                pursuant to section 244 of the Immigration and 
                Nationality Act (8 U.S.C. 1254a) after the bond is 
                posted; or
                    (G) if the principal is surrendered to the 
                Department of Homeland Security for removal by the 
                surety or the bonding agent.
            (6) Surrender of principal; forfeiture of bond premium.--
                    (A) Surrender.--At any time before a breach of any 
                of the delivery 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 delivery bond 
                premium if the principal--
                            (i) changes address without notifying the 
                        surety, the bonding agent, and the Secretary in 
                        writing prior to such change;
                            (ii) hides or is concealed from a surety, a 
                        bonding agent, or the Secretary;
                            (iii) fails to report to the Secretary as 
                        required at least annually; or
                            (iv) 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 bond 
                        established by the Secretary.
            (7) Certified copy of bond and arrest warrant to accompany 
        surrender.--
                    (A) In general.--A bonding agent or surety desiring 
                to surrender the principal of a delivery bond--
                            (i) shall have the right to petition the 
                        Secretary 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 two 
                        certified copies each of the arrest warrant and 
                        the bond, 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 the certified copies of the 
                        arrest warrant and the bond, to any one of ten 
                        Department of Homeland Security designated 
                        ``turn-in'' centers or any detention facility 
                        authorized to detain aliens ordered removed 
                        from the United States.
                    (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) based on the certificate of surrender 
                        the Secretary shall immediately exonerate the 
                        surety from any further liability on the bond.
            (8) Form of bond.--Delivery bonds shall in all cases state 
        the information described in subsection (c) 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.
    (c) Information on Delivery Bonds.--The following shall be stated 
on each delivery bond:
            ``(1) Breach of delivery bond; procedure, forfeiture, 
        notice.--
                    ``(A) If a principal violates any conditions of the 
                delivery 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 issue a warrant for the 
                        principal's arrest and enter that arrest 
                        warrant into the National Crime Information 
                        Center (NCIC) computerized information 
                        database;
                            ``(ii) order the bonding agent and surety 
                        to take the principal into custody and 
                        surrender the principal to any one of ten 
                        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 clause (iii), and 
                        immediately enter that order into the National 
                        Crime Information Center (NCIC) computerized 
                        information database; and
                            ``(iii) mail two certified copies each of 
                        the arrest warrant issued pursuant to clause 
                        (i) and two certified copies of the final 
                        administrative order of deportation and removal 
                        issued pursuant to clause (ii) only to the 
                        bonding agent and surety via certified mail 
                        return receipt to their last known addresses.
                    ``(B) Bonding agents and sureties shall immediately 
                notify the Secretary of Homeland Security of their 
                changes of address and of their changes of telephone 
                numbers.
                    ``(C) 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'.
                    ``(D) 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 2 of the BOND Act 
                of 2005 that the Secretary of Homeland Security, by 
                regulations, 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 an arrest warrant 
                and order, received from any governmental source, any 
                person, firm, corporation, or other entity.
                    ``(E) 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 
                immediately order that the surety is completely 
                exonerated, and the bond canceled. If the Secretary of 
                Homeland Security has issued an order under 
                subparagraph (A), the surety may request, by written, 
                properly filed motion, reinstatement of the bond. This 
                subparagraph shall not be construed to prevent the 
                Secretary of Homeland Security from revoking or 
                resetting a bond at a higher amount.
                    ``(F) The bonding agent or surety must--
                            ``(i) during the 15 months after the date 
                        of the arrest warrant and final administrative 
                        order of removal or deportation were mailed 
                        pursuant to subparagraph (A)(iii) surrender the 
                        principal one time; or
                            ``(ii)(I) provide reasonable evidence that 
                        producing the principal was prevented--
                            ``(II) by the principal's illness or death;
                            ``(III) because the principal is detained 
                        in custody in any city, State, country, or any 
                        political subdivision thereof;
                            ``(IV) 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
                            ``(V) because required notice was not given 
                        to the bonding agent or surety; and
                            ``(VI) establish by affidavit that the 
                        inability to produce the principal was not with 
                        the consent or connivance of the bonding agent 
                        or surety.
                    ``(G) If compliance with the surrender order 
                occurs--
                            ``(i) more than 15 months but no more than 
                        18 months after the mailing of the arrest 
                        warrant and the removal or deportation order to 
                        the bonding agent and the surety required under 
                        subparagraph (A)(iii), an amount equal to 25 
                        percent of the face amount of the bond shall be 
                        assessed as a penalty against the surety;
                            ``(ii) more than 18 months but no more than 
                        21 months after the mailing of the arrest 
                        warrant and the removal or deportation order to 
                        the bonding agent and the surety required under 
                        subparagraph (A)(iii), an amount equal to 50 
                        percent of the face amount of the bond shall be 
                        assessed as a penalty against the surety;
                            ``(iii) more than 21 months but no more 
                        than 24 months after the mailing of the arrest 
                        warrant and the removal or deportation order to 
                        the bonding agent and the surety required under 
                        subparagraph (A)(iii), an amount equal to 75 
                        percent of the face amount of the bond shall be 
                        assessed as a penalty against the surety; and
                            ``(iv) 24 months or more after the mailing 
                        of the arrest warrant and the removal or 
                        deportation order to the bonding agent and the 
                        surety required under subparagraph (A)(iii), an 
                        amount equal to 100 percent of the face amount 
                        of the bond shall be assessed as a penalty 
                        against the surety.
                    ``(H) 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. If a surety owes any penalties 
                on bonds to the United States Government, 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.
                    ``(I) 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)(iii).
            ``(2) Waiver of penalties.--The Secretary of Homeland 
        Security may waive penalties or extend the period for payment 
        or both, if--
                    ``(A) a written request is filed with the Secretary 
                of Homeland Security; and
                    ``(B) the bonding agent or surety provides an 
                affidavit that diligent efforts were made to effect 
                compliance of the principal.
            ``(3) Compliance; exoneration; limitation of liability.--
                    ``(A) Compliance.--A bonding agent or surety shall 
                have the absolute right to locate, apprehend, arrest, 
                detain, and surrender any principal, wherever the 
                principal may be found, who violates any of the terms 
                and conditions of the bond involved.
                    ``(B) Exoneration.--Upon satisfying any of the 
                requirements of the bond, the surety shall be 
                completely exonerated.
                    ``(C) Limitation of liability.--Notwithstanding any 
                other provision of law, the total liability on any 
                suretyship 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 
delivery bonds executed before, on, or after the date of the enactment 
of this Act.

SEC. 3. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

    (a) In General.--Section 236(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1226(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 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 2 of the BOND Act of 2005 and by the 
        Secretary, but the Secretary shall not release the alien on or 
        to the alien's own recognizance unless an order of an 
        immigration judge expressly finds and states in a signed order 
        to release the alien to the alien's own recognizance that the 
        alien is not a flight risk and is not a threat to the United 
        States; but''.
    (b) Breached Bond/Detention Fund.--Section 286(r) of the 
Immigration and Nationality Act (8 U.S.C. 1356(r)) is amended in 
paragraph (2), by striking $8,000,000 and inserting $80,000,000.
    (c) Effective Date.--The amendment made by subsection (a) and (b) 
shall take effect on the date of the enactment of this Act.

SEC. 4. DETENTION OF ALIENS DELIVERED BY BONDSMEN.

    (a) In General.--Section 241(a) of the Immigration and Nationality 
Act (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 such date.
                                 <all>