IB 
Union Calendar No. 191
108TH CONGRESS 
1ST SESSION H. R. 2134
[Report No. 108–316] 
To amend title 18, United States Code, and the Federal Rules of Criminal 
Procedure with respect to bail bond forfeitures. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2003
Mr. KELLER (for himself, Mr. WEXLER, Mr. BAIRD, Mr. BASS, Ms. EDDIE 
BERNICE JOHNSON of Texas, Ms. GINNY BROWN-WAITE of Florida, Mr. 
BURTON of Indiana, Mr. CARSON of Oklahoma, Mr. CONYERS, Mr. DAVIS 
of Florida, Mr. DEUTSCH, Mr. ENGLISH, Mr. FEENEY, Mr. HONDA, Mr. 
ISSA, Mr. MCCOTTER, Mr. MCDERMOTT, Mr. MEEHAN, Mr. MEEKS of 
New York, Mr. MICA, Mr. NADLER, Mr. PASCRELL, Mr. SCOTT of Vir-
ginia, Mr. THOMPSON of Mississippi, Mr. CHABOT, Ms. HART, Mr. GAR-
RETT of New Jersey, Mr. OTTER, Mr. MURPHY, Mr. LAMPSON, and Mr. 
FOLEY) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
OCTOBER 15, 2003
Additional sponsors: Mr. ROSS, Mr. STRICKLAND, Mr. HOYER, Ms. LOFGREN, 
Ms. KAPTUR, Mr. WILSON of South Carolina, and Ms. BALDWIN 
OCTOBER 15, 2003 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 15, 2003] 
A BILL 
To amend title 18, United States Code, and the Federal
Rules of Criminal Procedure with respect to bail bond 
forfeitures.
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 ‘‘Bail Bond Fairness Act 
of 2003’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress makes the following 
findings: 
(1) Historically, the sole purpose of bail in the 
United States was to ensure the defendant’s physical 
presence before a court. The bail bond would be de-
clared forfeited only when the defendant actually 
failed to appear as ordered. Violations of other, collat-
eral conditions of release might cause release to be re-
voked, but would not cause the bond to be forfeited. 
This historical basis of bail bonds best served the in-
terests of the Federal criminal justice system. 
(2) Currently, however, Federal judges have 
merged the purposes of bail and other conditions of 
release. These judges now order bonds forfeited in 
cases in which the defendant actually appears as or-
dered but he fails to comply with some collateral con-
dition of release. The judges rely on Federal Rule of 
Criminal Procedure 46(f) as authority to do so.
(3) Federal Rule of Criminal Procedure 46(e) 
has withstood repeated court challenges. In cases such 
as United States v. Vaccaro, 51 F.3d 189 (9th Cir. 
1995), the rule has been held to authorize Federal 
courts specifically to order bonds forfeited for viola-
tion of collateral conditions of release and not simply 
for failure to appear. Moreover, the Federal courts 
have continued to uphold and expand the rule because 
they find no evidence of congressional intent to the 
contrary, specifically finding that the provisions of 
the Bail Bond Act of 1984 were not intended to su-
persede the rule. 
(4) As a result, the underwriting of bonds for 
Federal defendants has become virtually impossible. 
Where once the bail agent was simply ensuring the 
defendant’s physical presence, the bail agent now 
must guarantee the defendant’s general good behavior. 
Insofar as the risk for the bail agent has greatly in-
creased, the industry has been forced to adhere to 
strict underwriting guidelines, in most cases requir-
ing full collateral. Consequently, the Federal criminal 
justice system has been deprived of any meaningful 
bail bond option. 
(b) PURPOSES.—The purposes of this Act are—
(1) to restore bail bonds to their historical origin 
as a means solely to ensure the defendant’s physical 
presence before a court; and 
(2) to grant judges the authority to declare bail 
bonds forfeited only where the defendant actually fails 
to appear physically before a court as ordered and 
not where the defendant violates some other collateral 
condition of release. 
SEC. 3. FAIRNESS IN BAIL BOND FORFEITURE. 
(a)(1) Section 3146(d) of title 18, United States Code, 
is amended by inserting at the end ‘‘The judicial officer 
may not declare forfeited a bail bond for violation of a re-
lease condition set forth in clauses (i)–(xi), (xiii), or (xiv) 
of section 3142(c)(1)(B).’’. 
(2) Section 3148(a) of title 18, United States Code, 
is amended by inserting at the end ‘‘Forfeiture of a bail 
bond executed under clause (xii) of section 3142(c)(1)(B) 
is not an available sanction under this section and such 
forfeiture may be declared only pursuant to section 3146.’’. 
(b) Rule 46(f)(1) of the Federal Rules of Criminal Pro-
cedure is amended by striking ‘‘a condition of the bond is 
breached’’ and inserting ‘‘the defendant fails to appear 
physically before the court’’.
Union Calendar No. 191
108TH CONGRESS 
1ST SESSION 
H. R. 2134
[Report No. 108–316] 
A BILL 
To amend title 18, United States Code, and the 
Federal Rules of Criminal Procedure with respect 
to bail bond forfeitures. 
OCTOBER 15, 2003
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed
Rules of Criminal Procedure with respect to bail bond 
forfeitures.
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 ‘‘Bail Bond Fairness Act 
of 2003’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress makes the following 
findings: 
(1) Historically, the sole purpose of bail in the 
United States was to ensure the defendant’s physical 
presence before a court. The bail bond would be de-
clared forfeited only when the defendant actually 
failed to appear as ordered. Violations of other, collat-
eral conditions of release might cause release to be re-
voked, but would not cause the bond to be forfeited. 
This historical basis of bail bonds best served the in-
terests of the Federal criminal justice system. 
(2) Currently, however, Federal judges have 
merged the purposes of bail and other conditions of 
release. These judges now order bonds forfeited in 
cases in which the defendant actually appears as or-
dered but he fails to comply with some collateral con-
dition of release. The judges rely on Federal Rule of 
Criminal Procedure 46(f) as authority to do so.
(3) Federal Rule of Criminal Procedure 46(e) 
has withstood repeated court challenges. In cases such 
as United States v. Vaccaro, 51 F.3d 189 (9th Cir. 
1995), the rule has been held to authorize Federal 
courts specifically to order bonds forfeited for viola-
tion of collateral conditions of release and not simply 
for failure to appear. Moreover, the Federal courts 
have continued to uphold and expand the rule because 
they find no evidence of congressional intent to the 
contrary, specifically finding that the provisions of 
the Bail Bond Act of 1984 were not intended to su-
persede the rule. 
(4) As a result, the underwriting of bonds for 
Federal defendants has become virtually impossible. 
Where once the bail agent was simply ensuring the 
defendant’s physical presence, the bail agent now 
must guarantee the defendant’s general good behavior. 
Insofar as the risk for the bail agent has greatly in-
creased, the industry has been forced to adhere to 
strict underwriting guidelines, in most cases requir-
ing full collateral. Consequently, the Federal criminal 
justice system has been deprived of any meaningful 
bail bond option. 
(b) PURPOSES.—The purposes of this Act are—
(1) to restore bail bonds to their historical origin 
as a means solely to ensure the defendant’s physical 
presence before a court; and 
(2) to grant judges the authority to declare bail 
bonds forfeited only where the defendant actually fails 
to appear physically before a court as ordered and 
not where the defendant violates some other collateral 
condition of release. 
SEC. 3. FAIRNESS IN BAIL BOND FORFEITURE. 
(a)(1) Section 3146(d) of title 18, United States Code, 
is amended by inserting at the end ‘‘The judicial officer 
may not declare forfeited a bail bond for violation of a re-
lease condition set forth in clauses (i)–(xi), (xiii), or (xiv) 
of section 3142(c)(1)(B).’’. 
(2) Section 3148(a) of title 18, United States Code, 
is amended by inserting at the end ‘‘Forfeiture of a bail 
bond executed under clause (xii) of section 3142(c)(1)(B) 
is not an available sanction under this section and such 
forfeiture may be declared only pursuant to section 3146.’’. 
(b) Rule 46(f)(1) of the Federal Rules of Criminal Pro-
cedure is amended by striking ‘‘a condition of the bond is 
breached’’ and inserting ‘‘the defendant fails to appear 
physically before the court’’.
Union Calendar No. 191
108TH CONGRESS 
1ST SESSION 
H. R. 2134
[Report No. 108–316] 
A BILL 
To amend title 18, United States Code, and the 
Federal Rules of Criminal Procedure with respect 
to bail bond forfeitures. 
OCTOBER 15, 2003
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed