New Pathways Act
Bill: S.5120 | Sponsor: Sen. Booker, Cory A. (D-NJ)
Policy area: Crime and Law Enforcement

Summary:
New Pathways Act
This bill revises existing requirements for the Bureau of Prisons (BOP) to help prisoners obtain identification documents prior to their release.
With respect to U.S. citizens, the BOP must obtain and provide a Social Security card, a proof of U.S. citizenship document, and a photo identification card.
With respect to noncitizens, the BOP must help obtain proof of lawful status and, if applicable, an employment authorization document.

To amend the Second Chance Act of 2007 to require identification for 
              returning citizens, 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 ``New Pathways Act''.

SEC. 2. IDENTIFICATION FOR RETURNING CITIZENS.

    Section 231(b) of the Second Chance Act of 2007 (34 U.S.C. 
60541(b)) is amended to read as follows:
    ``(b) Identification and Release Assistance for Federal 
Prisoners.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `community confinement' means 
                residence in a community treatment center, halfway 
                house, restitution center, mental health facility, 
                alcohol or drug rehabilitation center, or other 
                community facility;
                    ``(B) the term `direct-release prisoner' means a 
                prisoner who is scheduled for release and will not be 
                placed in prerelease custody;
                    ``(C) the term `noncitizen covered individual'--
                            ``(i) means an individual in the custody of 
                        the Bureau of Prisons or sentenced to a term in 
                        community confinement who--
                                    ``(I) is lawfully present and 
                                eligible for employment authorization 
                                in the United States; and
                                    ``(II) has a document demonstrating 
                                that the individual will have a place 
                                of residence upon release; and
                            ``(ii) includes an alien lawfully admitted 
                        for permanent residence (as defined in section 
                        101(a) of the Immigration and Nationality Act 
                        (8 U.S.C. 1101(a))), a refugee (as defined in 
                        that section of that Act), and an asylee; and
                    ``(D) the term `United States citizen covered 
                individual' means an individual in the custody of the 
                Bureau of Prisons or sentenced to a term in community 
                confinement who has--
                            ``(i) a social security card;
                            ``(ii) a document described in paragraph 
                        (2)(B)(ii) as proof of United States 
                        citizenship; and
                            ``(iii) a document demonstrating that the 
                        individual will have a place of residence upon 
                        release.
            ``(2) Obtaining identification for united states 
        citizens.--
                    ``(A) In general.--With respect to a United States 
                citizen covered individual, the Director shall provide 
                a photo identification card, which shall comply with 
                the minimum requirements described in section 202(b) of 
                the REAL ID Act of 2005 (49 U.S.C. 30301 note), prior 
                to--
                            ``(i) the release of the United States 
                        citizen covered individual from a term of 
                        imprisonment in a Federal prison; or
                            ``(ii) the release of the United States 
                        citizen covered individual from a sentence to a 
                        term in community confinement.
                    ``(B) Assistance in obtaining documents.--
                            ``(i) In general.--Subject to clause (iii), 
                        for the purpose of issuing an identification 
                        card under this subsection, the Director shall 
                        obtain, on behalf of United States citizen 
                        covered individuals--
                                    ``(I) a social security card; and
                                    ``(II) a document described in 
                                clause (ii) as proof of United States 
                                citizenship.
                            ``(ii) Proof of united states 
                        citizenship.--A document described in this 
                        clause is--
                                    ``(I) a United States passport;
                                    ``(II) an original or certified 
                                copy of a birth certificate that 
                                indicates that the individual was born 
                                in the United States or a territory of 
                                the United States;
                                    ``(III) in the case of a United 
                                States citizen born inside the United 
                                States for whom a document described in 
                                subclause (I) or (II) is not available, 
                                any document described in subsection 
                                (a), (b), or (c) of section 435.407 of 
                                title 42, Code of Federal Regulations, 
                                or any successor thereto; or
                                    ``(IV) in the case of a United 
                                States citizen born outside the United 
                                States, an original or certified copy 
                                of--
                                            ``(aa) a certificate of 
                                        naturalization (Form N-550 or 
                                        N-570);
                                            ``(bb) a consular report of 
                                        birth abroad (Form FS-240);
                                            ``(cc) a certification of 
                                        birth abroad (Form FS-545);
                                            ``(dd) a certification of 
                                        report of birth (Form DS-1350); 
                                        or
                                            ``(ee) a certificate of 
                                        citizenship (Form N-560).
                            ``(iii) Exceptions.--
                                    ``(I) Lack of response from federal 
                                or state agency.--If the Director 
                                cannot obtain a copy of a document 
                                required under clause (i) because of 
                                inaction by the Federal or State agency 
                                from which the document was requested, 
                                the Director shall provide to the 
                                United States citizen covered 
                                individual--
                                            ``(aa) a written statement 
                                        that explains what steps the 
                                        Director took in trying to 
                                        obtain the document; and
                                            ``(bb) any documents 
                                        transmitted to the Director by 
                                        the Federal or State agency in 
                                        response to the request for the 
                                        document.
                                    ``(II) Lack of authorization from 
                                united states citizen covered 
                                individual.--If the Director cannot 
                                obtain a copy of a document required 
                                under clause (i) because the United 
                                States citizen covered individual does 
                                not provide the authorization required 
                                to obtain the document, the Director 
                                shall provide a written statement to 
                                the United States citizen covered 
                                individual that explains why the 
                                document was not obtained.
                    ``(C) Provision of documents.--Upon issuance of an 
                identification card to a covered individual under this 
                paragraph, the Director shall provide all documents 
                obtained for the United States citizen covered 
                individual under subparagraph (B).
            ``(3) Obtaining documents for noncitizens.--
                    ``(A) In general.--With respect to a noncitizen 
                covered individual, the Director shall assist in 
                obtaining from the Director of the U.S. Citizenship and 
                Immigration Services--
                            ``(i) proof of lawful status in the United 
                        States of the noncitizen covered individual; 
                        and
                            ``(ii) in the case of a noncitizen covered 
                        individual who is not admitted for lawful 
                        permanent residence, an employment 
                        authorization document.
                    ``(B) Assistance.--The assistance provided by the 
                Director under subparagraph (A) shall include--
                            ``(i) providing the noncitizen covered 
                        individual with applicable U.S. Citizenship and 
                        Immigration Services forms and instructions; 
                        and
                            ``(ii) assisting the noncitizen covered 
                        individual in completing and submitting such 
                        forms, together with any required supporting 
                        documentation.
                    ``(C) Provision of documents.--Upon receipt of a 
                document for a noncitizen covered individual under this 
                paragraph, the Director shall provide such document to 
                the noncitizen covered individual.
            ``(4) Assistance developing release plan.--At the request 
        of a direct-release prisoner, a representative of the United 
        States Probation System shall, prior to the release of that 
        prisoner, help that prisoner develop a release plan.''.
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