Subclause (II) may not be construed to 
prevent the Secretary from revoking or re-
setting a higher bond. 
(iv) The bail agent or surety must—
(I) produce the visa bond holder; 
or 
(II)(aa) prove within 180 days 
that producing the bond holder was 
prevented—
(AA) by the bond holder’s 
illness or death; 
(BB) because the bond hold-
er is detained in custody in any 
city, State, country, or political 
subdivision thereof; 
(CC) because the bond hold-
er has left the United States or 
its outlying possessions (as de-
fined in section 101(a) of the Im-
migration and Nationality Act (8 
U.S.C. 1101(a)); or 
(DD) because required no-
tice was not given to the bail 
agent or surety; and
(bb) prove within 180 days that 
the inability to produce the bond hold-
er was not with the consent or conniv-
ance of the bail agent or sureties. 
(v) If the bail agent or surety does 
not comply with the terms of this bond 
within 60 days after the mailing of the no-
tice required under clause (i)(IV), a por-
tion of the face value of the bond shall be 
assessed as a penalty against the surety. 
(vi) If compliance occurs more than 
60 days but no more than 90 days after 
the mailing of such notice, the amount as-
sessed shall be one-third of the face value 
of the bond. 
(vii) If compliance occurs more than 
90 days, but no more than 180 days, after 
the mailing of such notice, the amount as-
sessed shall be two-thirds of the face value 
of the bond. 
(viii) If compliance does not occur 
within 180 days after the mailing of such 
notice, the amount assessed shall be 100 
percent of the face value of the bond.
(ix) All penalty fees shall be paid by 
the surety within 45 days after the end of 
such 180-day period. 
(B) WAIVER.—The Secretary may waive 
the penalty fees or extend the period for pay-
ment or both under subparagraph (A), if—
(i) a written request is filed with the 
Secretary; and 
(ii) the bail agent or surety provides 
evidence satisfactory to the Secretary that 
diligent efforts were made to effect compli-
ance of the visa holder. 
(C) COMPLIANCE; EXONERATION; LIMITA-
TION OF LIABILITY.—
(i) COMPLIANCE.—The bail agent or 
surety shall have the absolute right to lo-
cate, apprehend, arrest, detain, and sur-
render any visa holder, wherever the visa 
holder may be found, who violates any of 
the terms and conditions of the visa or 
bond. 
(ii) EXONERATION.—Upon satisfying 
any of the requirements of the bond, the 
surety shall be completely exonerated.
(iii) LIMITATION OF LIABILITY.—The 
total liability on any undertaking shall not 
exceed the face amount of the bond. 
SEC. 215. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS. 
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 section 241(a)(8), may release 
the alien on bond of at least $10,000, with security 
approved by, and containing conditions prescribed 
by, the Secretary of Homeland Security, but the 
Secretary shall not release the alien on or to the 
alien’s own recognizance unless an order of an immi-
gration judge expressly finds that the alien is not a 
flight risk and is not a threat to the United States; 
and’’. 
SEC. 216. DETENTION OF ALIENS DELIVERED BY BONDS-
MEN. 
(a) IN GENERAL.—Section 241(a) of the Immigra-
tion 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 pre-
scribed time limit by the obligor on the bond. The 
obligor on the bond shall be deemed to have substan-
tially 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 such date. 
SEC. 
217. 
INDEPENDENT 
VERIFICATION 
OF 
BIRTH 
RECORDS PROVIDED IN SUPPORT OF APPLI-
CATIONS FOR SOCIAL SECURITY ACCOUNT 
NUMBERS. 
(a) APPLICATIONS FOR SOCIAL SECURITY ACCOUNT 
NUMBERS.—Section 205(c)(2)(B)(ii) of the Social Secu-
rity Act (42 U.S.C. 405(c)(2)(B)(ii)) is amended 
(1) by inserting ‘‘(I)’’ after ‘‘(ii)’’; and 
(2) by adding at the end the following new sub-
clause: 
‘‘(II) With respect to an application for a social secu-
rity account number for an individual, other than for pur-
poses of enumeration at birth, the Commissioner of Social 
Security shall require independent verification of any birth