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HR 1268 RS 
‘‘(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 clause (i)(III), 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
clause 
(i)(III), an amount equal to 100 percent of 
the face amount of the bond shall be as-
sessed as a penalty against the surety. 
‘‘(xi) If any surety surrenders any 
principal to the Secretary of Homeland Se-
curity at any time and place after the pe-
riod for compliance has passed, the Sec-
retary 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 sur-
ety owes any penalties on bonds to the 
United States, the amount that surety
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HR 1268 RS 
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 clause (i)(III). 
‘‘(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 pro-
vides an affidavit that diligent efforts were 
made to effect compliance of the principal. 
‘‘(C) COMPLIANCE; EXONERATION; LIMITA-
TION OF LIABILITY.— 
‘‘(i) COMPLIANCE.—A bonding agent 
or surety shall have the absolute right to 
locate, apprehend, arrest, detain, and sur-
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render any principal, wherever he or she 
may be found, who violates any of the 
terms and conditions of his or her 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 under-
taking shall not exceed the face amount of 
the bond.’’. 
(c) EFFECTIVE DATE.—The provisions of this section 
shall take effect on the date of the enactment of this divi-
sion and shall apply to bonds and surety undertakings exe-
cuted before, on, or after the date of the enactment of 
this division. 
SEC. 107. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS. 
(a) IN GENERAL.—Section 236(a)(2) of the Immi-
gration 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 cor-
porate sureties to visit in person with individuals de-
tained by the Secretary of and, subject to section
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HR 1268 RS 
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 105 of the REAL ID Act of 
2005 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 Immigration and 
Nationality Act (8 U.S.C. 1356(r)) is repealed. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this division. 
SEC. 108. 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
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HR 1268 RS 
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 wheth-
er or not the Department of Homeland Security ac-
cepts 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 enact-
ment of this division and shall apply to all immigration 
bonds posted before, on, or after such date. 
TITLE II—IMPROVED SECURITY 
FOR DRIVERS’ LICENSES AND 
PERSONAL
IDENTIFICATION 
CARDS 
SEC. 201. DEFINITIONS. 
In this title, the following definitions apply: 
(1) DRIVER’S LICENSE.—The term ‘‘driver’s li-
cense’’ means a motor vehicle operator’s license, as 
defined in section 30301 of title 49, United States 
Code. 
(2) IDENTIFICATION CARD.—The term ‘‘identi-
fication card’’ means a personal identification card,