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Title II — Programs To Promote Citizenship, Integration, and Prosperity

H.R. 4928 · 116th Congress · Oct 30, 2019 · Lineage

II Programs To Promote Citizenship, Integration, and Prosperity

Sec. 200 Sense of Congress regarding access to counsel

It is the sense of Congress that—
(1)
immigration law is so complex that it is nearly impossible and therefore unjust for individuals to navigate the immigration system without legal assistance or represent themselves in immigration court;
(2)
noncitizens without legal counsel are far more likely to be denied immigration benefits or be deported, which can result in dire consequences, including the denial of legal status or U.S. citizenship, loss of livelihood, separation from or the inability to support one’s family, life-threatening danger in one’s country of origin and a long-term or permanent ban from being able to re-enter the United States; and
(3)
consistent with the American values of fairness and justice and the Fifth Amendment to the U.S. Constitution which guarantees everyone due process of law, anyone subject to proceedings or the appeal thereof before an immigration judge or the Attorney General should have the right of being represented by counsel, including government-funded counsel, regardless of one’s ability to pay.

Sec. 201 Legal services and immigration assistance grants

(a)
Authorization— The Attorney General, acting through the Director of the Executive Office for Immigration Review, in consultation with the Director of the National Office of New Americans, shall award Legal Services and Immigration Assistance grants to eligible entities.
(b)
Eligibility— An entity eligible to receive a grant under this section is a unit of local government, private organization, community-based organization, or not-for-profit organization—
(1)
that provides authorized direct legal assistance to immigrants and refugees in the United States;
(2)
in the case of any applicant who has previously received a grant under this section, that uses matching funds from non-Federal sources, which may include in-kind contributions, equal to 25 percent of amount received under this section;
(3)
that provides immigration education, outreach and quality paralegal services to immigrants and refugees, in coordination with immigration attorneys or representatives accredited by the Recognition and Accreditation Program of the Department of Justice Executive Office of Immigration Review; and
(4)
that submits to the Director of the Executive Office for Immigration Review an application at such time, in such manner, and containing such information as such Director may reasonably require.
(c)
Use of funds—
(1)
In general— Funds awarded under this section may be used to provide to an eligible individual legal assistance relating to the immigration status of such individual, or related services. Such assistance may include—
(A)
outreach and education to identify and support those in need of legal services;
(B)
liaison services to connect individuals with trusted legal service providers, social service organizations and government representatives;
(C)
screening to assess the eligibility of any individual regarding any status under the immigration laws;
(D)
completing immigration applications;
(E)
translation services;
(F)
gathering of documents such as proof of identification, employment, residence, family relationships and tax payment;
(G)
applying for any waivers for which an applicant and qualifying family members may be eligible; and
(H)
assisting an applicant for United States citizenship with application preparation and the citizenship application process, including support for the English and civics exams.
(2)
Immigrants eligible for assistance— A non-citizen is eligible to receive the assistance described in paragraph (1) if such non-citizen is—
(A)
seeking to become a permanent resident or naturalized citizen; or
(B)
seeking relief from removal and authorization to remain in the United States lawfully and permanently.
(d)
Certification— In order to receive a payment under this section, a participating entity shall submit to the Attorney General a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the Attorney General in consultation with the Director of the National Office of New Americans.
(e)
Annual report and evaluation— Not later than 90 days after the end of each fiscal year for which an entity receives grant funds under this section, the entity shall submit to the Director of Citizenship and Immigration Services the following:
(1)
A report that describes—
(A)
the activities undertaken by the entity that were funded entirely or partially by the grant funds;
(B)
the geographic area or areas served by the grant funds;
(C)
an estimate of the number of non-citizens living in the jurisdiction or service area of the entity, which demonstrates that the entity made a reasonable effort to determine such number;
(D)
the number of non-citizens receiving assistance that was funded entirely or partially by grant funds received by the entity;
(E)
a breakdown of the costs of each of the services provided and the average per capita cost of providing such assistance; and
(F)
the primary languages spoken in the jurisdiction or service area of the entity.
(2)
An evaluation of any program of the entity using grant funds under this section, including an assessment of—
(A)
the effectiveness of such program and recommendations for improving the program; and
(B)
whether or not the legal services needs of the geographic area served have been met and if not, what further assistance is required to meet such need.
(f)
State defined— In this section, the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(g)
Authorization of appropriations— There are authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2021 through 2022.

Sec. 202 English as a Gateway grants

(a)
Authorization— The Assistant Secretary for Career, Technical, and Adult Education at the Department of Education, in consultation with the Director of the National Office of New Americans, shall award English as a Gateway to Integration grants to eligible entities.
(b)
Eligibility— An entity eligible to receive a grant under this section is a State or unit of local government, private organization, educational institution, community-based organization, or not-for-profit organization—
(1)
in the case of any applicant who has previously received a grant under this section, that uses matching funds from non-Federal sources, which may include in-kind contributions, equal to 25 percent of amount received from the English as a Gateway to Integration program;
(2)
that submits to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including—
(A)
a description of the target population to be served, including demographics, literacy levels and English language levels of the target population; and
(B)
the assessment and performance measures that the grant recipient plans to use to evaluate the English language learning progress of students and overall success of the instruction and program;
(3)
demonstrate collaboration with public and private entities to provide the instruction and assistance described in subsection (c)(1);
(4)
provide English language programs that teach English language skills to—
(A)
lower-educated individuals;
(B)
Limited English Proficient (LEP) individuals;
(C)
parents who are caretakers of young children;
(D)
that supports and promotes the social, economic and civic integration of adult English language learners and their families;
(E)
that equips adult English language learners for ongoing, independent study and learning beyond the classroom or formal instruction provided by the entity; and
(F)
that incorporates the use of technology to help students develop digital literacy skills;
(5)
are 1 of the 10 States with the highest rate of foreign-born residents; or
(6)
have experienced a large increase in the population of immigrants during the most recent 10-year period relative to past migration patterns, based on data compiled by the Office of Immigration Statistics or the United States Census Bureau.
(c)
Use of funds—
(1)
In general— Funds awarded under this section shall be used to provide English language instruction to adult English language learners. Such instruction shall advance the integration of students in order to help them—
(A)
build their knowledge of United States history and civics;
(B)
to prepare for United States citizenship and the naturalization process;
(C)
gain digital literacy;
(D)
understand and navigate the early childhood, K–12 and postsecondary education systems;
(E)
gain financial literacy;
(F)
build an understanding of the housing market and systems in the United States;
(G)
learn about and access the United States, State, and local health care systems;
(H)
prepare for a high school equivalency diploma or post-secondary training or education; and
(I)
prepare for and secure employment.
(2)
Design of program— Funds awarded under this section shall be used to support an instructional program that may include the following elements:
(A)
English language instruction in a classroom setting, provided that such setting is in a geographic location accessible to the population served.
(B)
Online English language instruction and distance learning platforms.
(C)
Educational support and specialized instruction for English language learners with low levels of literacy in their first language.
(D)
Other online and digital components, including the use of mobile phones.
(d)
Certification— In order to receive a payment under this section, a participating entity shall submit to the Assistant Secretary a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the Assistant Secretary.
(e)
Annual report and evaluation— Not later than 90 days after the end of each fiscal year for which an entity receives grant funds under this section, the entity shall submit to the Assistant Secretary the following:
(1)
A report that describes—
(A)
the activities undertaken by the entity that were funded entirely or partially by the grant funds;
(B)
the geographic area or areas served by the grant funds;
(C)
the number of immigrants in such areas;
(D)
the primary languages spoken in such areas;
(E)
the number of adult English language learners receiving assistance that was funded entirely or partially by grant funds received by the entity; and
(F)
a breakdown of the costs of the instruction services provided and the average per capita cost of providing such instruction.
(2)
An evaluation of any program of the entity using grant funds under this section, including an assessment of—
(A)
the effectiveness of such program and recommendations for improving the program;
(B)
whether or not the English language instruction needs of the geographic area served have been met and if not, what further assistance is required to meet such need; and
(C)
the results of any assessment or evaluation of progress or success described in subsection (b)(3)(B).
(f)
Definitions— In this section, the following definitions apply:
(1)
The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(2)
The terms limited English proficient and English language learner describe an individual who does not speak English as their primary language and who has a limited ability to read, speak, write, or understand English.
(3)
The term adult English language learner refers to an individual age 16 and older who is not enrolled in secondary school and who is limited English proficient.
(g)
Authorization of appropriations— There are authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2021 through 2022.

Sec. 203 Workforce development and prosperity grants

(a)
Declaration of policy— It is the policy of the United States—
(1)
that adults have equitable access to education and workforce programs that—
(A)
help them learn basic skills in reading, writing, math and the English language; and
(B)
equip them with occupational skills needed to secure or advance in employment, to fill employer needs, and support themselves and their families;
(2)
to strengthen the economy by helping adults with limited skills to attain industry-recognized postsecondary credentials; and
(3)
that workforce programs for adults with limited skills incorporate an integrated education and training approach that allow adults to acquire basic skills while pursuing occupational or industry specific training.
(b)
Authorization— The Assistant Secretary for Career, Technical, and Adult Education at the Department of Education (referred to as the Assistant Secretary in this section), in consultation with the Director of the National Office of New Americans, shall award Workforce Development and Shared Prosperity grants, on a competitive basis, to States and local governments or other qualifying entities described in subsection (c), in collaboration with State and local governments.
(c)
Qualifying entities— Qualifying entities under this section may include—
(1)
an educational institution;
(2)
a private organization;
(3)
a community-based organization; or
(4)
a not-for-profit organization.
(d)
Eligibility— A State or local government or qualifying entity in collaboration with a State or local government is eligible to receive a grant under this section provided that the State or local government or entity—
(1)
supports and promotes the economic integration of immigrants and refugees and their families;
(2)
has expertise in workforce development and adult education for the purpose of developing and implementing State or local programs of integrated education and training;
(3)
in carrying out the grant program, includes at least one entity—
(A)
with expertise in workforce development for immigrants and refugees; and
(B)
with expertise in adult education of immigrants and refugees;
(4)
uses matching funds from non-Federal sources, which may include in-kind contributions, equal to 25 percent of the amount received from the Workforce Development and Shared Prosperity grants program; and
(5)
submits to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including—
(A)
a description of the target population to be served, including demographics, English language levels, educational levels, and skill levels of the target population;
(B)
the specific integrated education and training instructional model to be implemented;
(C)
how the program will be designed and implemented by educators with expertise in adult education, English language instruction and occupational skills training;
(D)
how the program will prepare students to receive a high school equivalency credential;
(E)
how the program will prepare students to receive a postsecondary credential;
(F)
the occupations or industry for which the program will prepare students for employment;
(G)
evidence of employer demand for the skills or occupational training offered by the grant program;
(H)
the extent to which the program reduces the time required for students to acquire English and workforce skills;
(I)
how the program will increase digital literacy skills;
(J)
how the program will provide student support services including guidance counseling in order to promote student success; and
(K)
the assessment and performance measures that the grant recipient plans to use to evaluate—
(i)
the progress of adult learners in acquiring basic skills such as reading, writing, math and the English language; and
(ii)
the success of the grant program to prepare students for employment and to help them find employment or advance in employment.
(e)
Certification— In order to receive a payment under this section, a participating entity shall submit to the Assistant Secretary a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the Assistant Secretary in consultation with the Director of the National Office of New Americans.
(f)
Technical assistance— The Assistant Secretary shall provide technical assistance to adult education providers on how to provide integrated education and training.
(g)
Annual report and evaluation— Not later than 90 days after the end of each fiscal year for which an entity receives grant funds under this section, the entity shall submit to the Assistant Secretary the following:
(1)
A report that describes—
(A)
the activities undertaken by the entity that were funded entirely or partially by the grant funds;
(B)
the geographic area or areas served by the grant funds;
(C)
the number of immigrants in such areas;
(D)
the primary languages spoken in such areas; and
(E)
a breakdown of the costs of each of the services provided and the average per capita cost of providing such services.
(2)
An evaluation of any program of the entity using grant funds under this section, including an assessment of—
(A)
the effectiveness of such program and recommendations for improving the program;
(B)
whether or not the legal services needs of the geographic area served have been met and if not, what further assistance is required to meet such need; and
(C)
the results of any assessment or evaluation of progress or success described in subsection (c)(5)(I).
(h)
Definitions— In this section, the following definitions apply:
(1)
The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(2)
The term integrated education and training means instruction that provides adult education, literacy and English language activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement.
(3)
The term adult education means academic instruction and education services below the postsecondary level that increase an individual’s ability to read, write, and speak English and perform mathematics or other activities necessary for the attainment of a secondary school diploma or its recognized equivalent, transition to postsecondary education and training, or obtain employment.
(i)
Authorization of appropriations— There are authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2021 through 2022.

Sec. 204 Appropriations authorized for existing citizenship grants

There are authorized to be awarded by the Department of Homeland Security to public or private nonprofit organizations for the purpose of Citizenship Education and Training (under the Catalog of Federal Domestic Assistance Number 97.010) an amount not less than $25,000,000.

Sec. 205 Consideration of grant recipients

With regard to grants administered and awarded to public or private nonprofit organizations by the Department of Homeland Security, unless otherwise required by law, the Secretary of the Department of Homeland Security, when making determinations about such grants, shall not consider the enrollment in or use by such organizations of E-Verify, the web-based system that the Department administers for employers that enroll in the system to confirm the eligibility of their employees to work in the United States.

Sec. 206 Establishment of United States citizenship and Integration Foundation

The Secretary, acting through the Director of United States Citizenship and Immigration Services and in coordination with National Office of New Americans, is authorized to establish a nonprofit corporation or a not-for-profit, public benefit, or similar entity, which shall be known as the “United States Citizenship and Integration Foundation” (in this title referred to as the “Foundation”).

Sec. 207 Gifts to foundation

In order to carry out the purposes set forth in section 208, the Foundation may—
(1)
solicit, accept, and make gifts of money and other property in accordance with section 501(c)(3) of the Internal Revenue Code of 1986;
(2)
engage in coordinated work with the Department, including United States Citizenship and Immigration Services and the National Office of New Americans; and
(3)
accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Foundation.

Sec. 208 Purposes

The purposes of the Foundation are—
(1)
to spur innovation in the promotion and expansion of citizenship preparation programs for lawful permanent residents;
(2)
to evaluate and identify best practices in citizenship promotion and preparation and to make recommendations to the Department and the National Office for New Americans about how to bring such best practices to scale;
(3)
to support direct assistance for noncitizens seeking lawful permanent resident status, or naturalization as a United States citizen; and
(4)
to coordinate immigrant integration with State and local entities.

Sec. 209 Authorized activities

The Foundation shall carry out its purpose by—
(1)
making United States citizenship instruction and naturalization application services accessible to low-income and other underserved lawful permanent resident populations;
(2)
developing, identifying, and sharing best practices in United States citizenship promotion and preparation;
(3)
supporting innovative and creative solutions to barriers faced by those seeking naturalization;
(4)
increasing the use of, and access to, technology in United States citizenship preparation programs;
(5)
engaging receiving communities in the United States citizenship and civic integration process;
(6)
administering the New Citizens Award Program to recognize, in each calendar year, not more than 10 United States citizens who—
(A)
have made outstanding contributions to the United States; and
(B)
have been naturalized during the 10-year period ending on the date of such recognition;
(7)
fostering public education and awareness;
(8)
coordinating its immigrant integration efforts with United States Citizenship and Immigration Services and the National Office of New Americans; and
(9)
awarding grants to State and local governments under section 208.

Sec. 210 Council of directors

(a)
Members— To the extent consistent with section 501(c)(3) of the Internal Revenue Code of 1986, the Foundation shall have a Council of Directors (in this title referred to as the “Council”, which shall be comprised of—
(1)
the Director of United States Citizenship and Immigration Services;
(2)
the Director of the National Office of New Americans; and
(3)
10 directors, appointed by the ex-officio directors designated in paragraphs (1) and (2), from national private and public nonprofit organizations that promote and assist permanent residents with naturalization.
(b)
Appointment of executive director— The Council shall appoint an Executive Director, who shall oversee the day-to-day operations of the Foundation.

Sec. 211 Powers

The Executive Director is authorized to carry out the purposes set forth in section 208 on behalf of the Foundation by—
(1)
accepting, holding, administering, investing, and spending any gift, devise, or bequest of real or personal property made to the Foundation;
(2)
entering into contracts and other financial assistance agreements with individuals, public or private organizations, professional societies, and government agencies to carry out the functions of the Foundation;
(3)
entering into such other contracts, leases, cooperative agreements, and other transactions as the Executive Director considers appropriate to carry out the activities of the Foundation; and
(4)
charging such fees for professional services furnished by the Foundation as the Executive Director determines reasonable and appropriate.

Sec. 212 Effective date

The Foundation shall be established and operational within 12 months of enactment of this Act.

Sec. 213 Authorization of appropriations for Foundation and pilot program

There is authorized to be appropriated for the first two fiscal years after the date of enactment of this Act such sums as may be necessary to establish the Foundation and the pilot program as described in section 212 of this Act. Such amounts may be invested and any amounts resulting from such investments shall remain available for the operations of the Foundation and the pilot program without further appropriation.

Sec. 214 Pilot program to promote immigrant integration at State and local levels

(a)
Grants authorized— The Chief of the United States Citizenship and Immigration Services’ Office of Citizenship, in coordination with the National Office of New Americans (in this title referred to as the “Chief”), shall establish a pilot program through which the Chief may award grants, on a competitive basis, to States and local governments or other qualifying entities, in collaboration with State and local governments—
(1)
to establish New Immigrant Councils to carry out programs to integrate new immigrants; or
(2)
to carry out programs to integrate new immigrants.
(b)
Application— A State or local government desiring a grant under this section shall submit an application to the Chief at such time, in such manner, and containing such information as the Chief may reasonably require, including—
(1)
a proposal to meet an objective or combination of objectives set forth in subsection (d)(3);
(2)
the number of new immigrants in the applicant’s jurisdiction; and
(3)
a description of the challenges in introducing and integrating new immigrants into the State or local community.
(c)
Authorized activities— A grant awarded under this subsection may be used—
(1)
to form a New Immigrant Council, which shall—
(A)
consist of between 15 and 19 individuals, inclusive, from the State, local government, or qualifying organization;
(B)
include, to the extent practicable, representatives from—
(i)
business;
(ii)
faith-based organizations;
(iii)
civic organizations;
(iv)
philanthropic organizations;
(v)
nonprofit organizations, including those with legal and advocacy experience working with immigrant communities;
(vi)
key education stakeholders, such as State educational agencies, local educational agencies, community colleges, and teachers;
(vii)
State adult education offices;
(viii)
State or local public libraries; and
(ix)
State or local governments; and
(C)
meet not less frequently than once each quarter;
(2)
to provide subgrants to local communities, city governments, municipalities, nonprofit organizations (including veterans’ and patriotic organizations), or other qualifying entities;
(3)
to develop, implement, expand, or enhance a comprehensive plan to introduce and integrate new immigrants into the State by—
(A)
improving English language skills;
(B)
engaging caretakers with limited English proficiency in their child’s education through interactive parent and child literacy activities;
(C)
improving and expanding access to workforce training programs;
(D)
teaching United States history, civics education, citizenship rights, and responsibilities;
(E)
promoting an understanding of the form of government and history of the United States and the principles of the Constitution;
(F)
improving financial literacy; and
(G)
focusing on other key areas of importance to integration in our society; and
(4)
to engage receiving communities in the citizenship and civic integration process by—
(A)
increasing local service capacity;
(B)
building meaningful connections between newer immigrants and long-time residents;
(C)
communicating the contributions of receiving communities and new immigrants; and
(D)
engaging leaders from all sectors of the community.
(d)
Reporting and evaluation—
(1)
Annual report— Each grant recipient shall submit an annual report to the Chief that describes—
(A)
the activities undertaken by the grant recipient, including how such activities meet the goals of the Office, the Foundation, and the comprehensive plan described in subsection (d)(3);
(B)
the geographic areas being served;
(C)
the number of immigrants in such areas; and
(D)
the primary languages spoken in such areas.
(2)
Annual evaluation— The Chief shall conduct an annual evaluation of the grant program established under this section—
(A)
to assess and improve the effectiveness of such grant program;
(B)
to assess the future needs of immigrants and of State and local governments related to immigrants; and
(C)
to ensure that grantees recipients and subgrantees are acting within the scope and purpose of this subchapter.