[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5120 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5120
To amend the Second Chance Act of 2007 to require identification for
returning citizens, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 17, 2022
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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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