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

S. 3470 · 116th Congress · Mar 12, 2020 · Lineage

II Programs To Promote Citizenship, Integration, and Prosperity

Sec. 201 Definitions

In this title:
(1)
Foundation— The term Foundation means the United States Citizenship and Integration Foundation established under section 207.
(2)
Service area— The term service area means the jurisdiction or geographical area in which an entity carries out activities using funds awarded under this title.
(3)
State— 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.

Sec. 202 Sense of Congress on access to legal counsel

It is the sense of Congress that—
(1)
immigration law is so complex that it is nearly impossible, and therefore unjust, for immigrants to navigate the immigration system without legal assistance or represent themselves in immigration court;
(2)
immigrants without legal counsel are far more likely, as compared to immigrants with legal counsel, to be denied immigration benefits or be deported, which may result in dire consequences, including—
(A)
the denial of lawful immigration status or United States citizenship;
(B)
loss of livelihood;
(C)
the separation of an immigrant from, or the inability of an immigrant to support, his or her family;
(D)
life-threatening danger in the country of origin of an immigrant; and
(E)
a long-term or permanent ban on reentering the United States; and
(3)
consistent with the United States values of fairness and justice and the Fifth Amendment to the Constitution of the United States, which guarantees all individuals the due process of law, any individual subject to immigration proceedings or the appeal of a proceeding before an immigration judge or the Attorney General should have the right to be represented by counsel, including Government-funded counsel, regardless of the ability of the individual to pay.

Sec. 203 Legal services and immigration assistance grants

(a)
In general— 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 criteria— An entity eligible to receive a grant under this section is a State or unit of local government, a Tribal government, a private organization, a community-based organization, or a nonprofit organization that—
(1)
provides authorized direct legal assistance to immigrants;
(2)
in the case of an entity that has previously been awarded a grant under this section, uses matching funds from non-Federal sources, which may include in-kind contributions, equal to 25 percent of the amount received under this section;
(3)
provides immigration education, outreach, and quality paralegal services to immigrants, in coordination with immigration attorneys or representatives accredited by the Recognition and Accreditation Program of the Executive Office for Immigration Review; and
(4)
submits to the Director of the Executive Office for Immigration Review an application at such time, in such manner, and containing such information as the Director may reasonably require.
(c)
Use of funds—
(1)
In general— Funds awarded under this section shall be used to provide to eligible immigrants legal assistance relating to the immigration status of such immigrants, or related services, which may include—
(A)
outreach and education to identify and support immigrants in need of legal services;
(B)
liaison services to connect immigrants with trusted legal service providers, social service organizations, and government representatives;
(C)
screening to assess the eligibility of an immigrant for any status under the immigration laws;
(D)
completing applications for immigration benefits;
(E)
translation and interpretation services;
(F)
gathering documents, including documents relating to proof of identification, employment, residence, family relationships, and tax payment;
(G)
completing applications for any waiver under the immigration laws for which an eligible immigrant and qualifying family members may be eligible; and
(H)
with respect to applications relating to United States citizenship, assistance with application preparation and the naturalization process, including preparation for the English and civics exams.
(2)
Eligible immigrants— An immigrant shall be eligible to receive the assistance described in paragraph (1) if the immigrant is seeking—
(A)
to become a lawful permanent resident or naturalized citizen of the United States;
(B)
to establish that he or she has derived or acquired United States citizenship; or
(C)
relief from removal and authorization to remain lawfully in the United States.
(d)
Conditions— As a condition of receiving a grant under this section, a participating entity shall—
(1)
submit to the Attorney General a certification that the proposed uses of grant funds by the entity—
(A)
are consistent with this section; and
(B)
meet the criteria determined by the Attorney General, in consultation with the Director of the National Office of New Americans; and
(2)
make a reasonable effort to estimate the number of immigrants who live in the service area.
(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 the Executive Office for Immigration Review the following:
(1)
A report that describes—
(A)
each activity carried out by the entity funded entirely or partially by the grant funds;
(B)
the service area;
(C)
the estimate made under subsection (d)(2);
(D)
the number of immigrants who received legal assistance funded entirely or partially by the grant funds;
(E)
a disaggregation of the costs of each service provided using the grant funds and the average per capita cost of providing the service; and
(F)
the primary languages spoken in the service area.
(2)
An evaluation of any program of the entity for which grant funds were used, including—
(A)
an assessment of the effectiveness of the program;
(B)
recommendations for improving the program;
(C)
an assessment of whether the legal services needs of the service area have been met; and
(D)
in the case of an assessment under subparagraph (C) that such needs have not been met, a description of the additional assistance required to meet such needs.
(f)
Authorization of appropriations— There is authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2021 through 2022.
(g)
Definitions— In this section:
(1)
Service area— The term service area means the jurisdiction or geographical area in which an entity carries out activities using funds awarded under this section.
(2)
State— 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.

Sec. 204 English as a gateway grants

(a)
Authorization— The Assistant Secretary for Career, Technical, and Adult Education at the Department of Education and the Assistant Secretary for the Administration for Children and Families at the Department of Health and Human Services (referred to in this section as the “Assistant Secretaries”), 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, a Tribal government, a private organization, an educational institution, a community-based organization, or a nonprofit organization that—
(1)
in the case of any applicant that has previously received a grant under this section, uses matching funds from non-Federal sources, which may include in-kind contributions, equal to 25 percent of the amount received from the English as a Gateway to Integration program to carry out such program;
(2)
that submits to the Assistant Secretaries an application at such time, in such manner, and containing such information as the Assistant Secretaries may reasonably require, including—
(A)
a description of the target population to be served, including demographics, literacy levels, integration needs, 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 integration and English language learning progress of students and overall success of the instruction and program;
(3)
that demonstrates collaboration with public and private entities to provide the instruction and assistance described in subsection (c)(1);
(4)
that provides integration-focused English language programs—
(A)
that teach integration and English language skills to—
(i)
lower-educated individuals;
(ii)
limited English proficient (LEP) individuals; and
(iii)
parents and others who are caretakers of young children;
(B)
that support and promote the social, economic, and civic integration of adult English language learners and their families; and
(C)
that equip adult English language learners for ongoing independent study and learning beyond classroom or formal instruction; and
(5)
that—
(A)
is located in one of the 10 States with the highest rate of foreign-born residents; or
(B)
is located in an area that has 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 and integration knowledge and skill instruction along with student guidance and navigation services to 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)
prepare for United States citizenship and the naturalization process;
(C)
gain digital literacy;
(D)
understand and support children’s success within 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 postsecondary training or education; and
(I)
prepare for and secure employment.
(2)
Design of program— Funds awarded under this section shall be used to support program designs that may include the following elements:
(A)
English language and integration knowledge and skill instruction in a classroom setting, along with associated guidance and navigation supports provided that such setting is in a geographic location accessible to the population served.
(B)
English language and integration knowledge and skill instruction programs that may incorporate online and digital components, such as the use of mobile phones, computers, and blended or distance learning platforms.
(C)
Educational support and specialized instruction for adult English language learners with low levels of literacy in their first language.
(D)
Two-generation approaches designed to support children’s school success and lift family integration trajectories.
(d)
Certification— In order to receive a payment under this section, a participating entity shall submit to the Assistant Secretaries 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 Secretaries.
(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 Secretaries 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 service area;
(C)
the number of immigrants in the service area;
(D)
the primary languages spoken in the service area;
(E)
the number of adult English language learners receiving assistance that was funded entirely or partially by grant funds received by the entity under this section; and
(F)
a breakdown of the costs of the program 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—
(A)
an assessment of—
(i)
the effectiveness of such program and recommendations for improving the program; and
(ii)
whether the English language and integration knowledge and skill instruction needs of the service area have been met;
(B)
in the case of an assessment under subparagraph (A)(ii) that such needs have not been met, a description of the additional assistance required to meet such needs; and
(C)
the results of any assessment or evaluation of progress or success described in subsection (b)(2)(B).
(f)
Definitions— In this section:
(1)
Adult English language learner— The term adult English language learner refers to an individual age 16 or older who is not enrolled in secondary school and who is limited English proficient.
(2)
English language learner; limited english proficient— The terms English language learner and limited English proficient 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.
(g)
Authorization of appropriations— There is authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2021 through 2022.

Sec. 205 Workforce Development and Prosperity grants

(a)
Declaration of policy— It is the policy of the United States—
(1)
that adults shall have equitable access to education and workforce programs that—
(A)
help them learn basic skills in reading, writing, mathematics, and the English language; and
(B)
equip them with occupational skills needed to secure or advance in employment, fill employer needs, and support themselves and their families;
(2)
to strengthen the economy by helping adults with limited skills to attain recognized postsecondary credentials (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)); and
(3)
that workforce programs for adults with limited skills use a pre-apprenticeship or integrated education and training approach that allows 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 and the Assistant Secretary for Employment and Training at the Department of Labor (referred to in this section as the “Assistant Secretaries”), 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 State, local, and Tribal 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 nonprofit organization.
(d)
Eligibility— A State, local, or Tribal government or qualifying entity in collaboration with a State, local, or Tribal government is eligible to receive a grant under this section provided that the State, local, or Tribal government or entity—
(1)
supports and promotes the economic integration of immigrants;
(2)
has expertise in workforce development and adult education for the purpose of developing and implementing pre-apprenticeship programs or integrated education and training programs;
(3)
in carrying out the grant program, includes at least one entity—
(A)
with expertise in providing training in a workforce sector in which immigrant workers are heavily represented or in which there is a demonstrated need for immigrant workers to fill jobs; and
(B)
with expertise in providing adult basic education services to immigrants;
(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 to carry out such program; and
(5)
submits to the Assistant Secretaries an application at such time, in such manner, and containing such information as the Assistant Secretaries may reasonably require, including—
(A)
a description of the target population to be served, including demographics, and English proficiency, educational, and skill levels of the target population;
(B)
the specific integrated education and training 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)
the occupation or industry for which the program will prepare students for employment and the education and training progress or employer-recognized credentials the program is designed to support participants in achieving;
(E)
evidence of employer demand for the skills or occupational training offered by the grant program;
(F)
how the program will provide student support services including guidance counseling in order to promote student success; and
(G)
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, mathematics, and the English language; and
(ii)
the success of the grant program in preparing students for employment and in helping 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 Secretaries 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 Secretaries in consultation with the Director of the National Office of New Americans.
(f)
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 Secretaries 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 service area;
(C)
the number of immigrants in the service area;
(D)
the primary languages spoken in the service area; 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—
(A)
an assessment of—
(i)
the effectiveness of such program and recommendations for improving the program; and
(ii)
whether the adult education and workforce development needs of the service area have been met and if not, what further assistance is required to meet such need;
(B)
in the case of an assessment under subparagraph (A)(ii) that such needs have not been met, a description of the additional assistance required to meet such needs; and
(C)
the results of any assessment or evaluation of progress or success described in subsection (c)(5)(K).
(g)
Definitions— In this section:
(1)
Adult education— 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.
(2)
Integrated education and training— 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)
Pre-apprenticeship program— The term pre-apprenticeship program means a program or set of services designed to prepare individuals to enter and succeed in a registered apprenticeship program.
(h)
Authorization of appropriations— There is authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2021 through 2022.

Sec. 206 Department of Homeland Security grants

(a)
Consideration of grant recipients— With respect to grants administered and awarded to public or private nonprofit organizations by the Secretary of Homeland Security, unless otherwise required by law, in making determinations about such grants, the Secretary shall not consider enrollment in or use by such organizations of the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
(b)
Authorization of appropriations for Citizenship and Assimilation Grant Program— There is authorized to be appropriated $25,000,000 to the Secretary of Homeland Security for the Citizenship and Assimilation Grant Program of U.S. Citizenship and Immigration Services to award grants to public or private nonprofit organizations.

Sec. 207 United States Citizenship and Integration Foundation

(a)
Establishment— The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services and in coordination with the Director of the National Office of New Americans, shall 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”.
(b)
Purposes— The purposes of the Foundation shall be—
(1)
to spur innovation in the promotion and expansion of citizenship preparation programs for individuals lawfully admitted for permanent residence (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)));
(2)
to evaluate and identify best practices in citizenship promotion and preparation and to make recommendations to the Director of U.S. Citizenship and Immigration Services and the Director of the National Office for New Americans about how to bring such best practices to scale;
(3)
to support direct assistance for immigrants seeking lawful permanent resident status (within the meaning of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)), or naturalization as a United States citizen; and
(4)
to support immigrant integration efforts in partnership with State and local entities.
(c)
Gifts to foundation— To carry out the purposes described in subsection (b), 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 of Homeland Security, including U.S. 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.
(d)
Activities— The Foundation shall carry out the purposes described in subsection (b) 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 individuals seeking—
(A)
to become naturalized citizens of the United States; or
(B)
to obtain certificates of citizenship;
(4)
increasing the use of, and access to, technology in United States citizenship preparation programs;
(5)
engaging communities in the process of United States citizenship and civic integration;
(6)
fostering public education and awareness;
(7)
coordinating the immigrant integration efforts of the Foundation with the integration efforts of U.S. Citizenship and Immigration Services and the National Office of New Americans; and
(8)
awarding grants to State and local governments consistent with such purposes.
(e)
Council of directors— To the extent consistent with section 501(c)(3) of the Internal Revenue Code of 1986, the Foundation shall have a council of directors (referred to in this section as the “Council”), which shall be comprised of—
(1)
the Director of U.S. Citizenship and Immigration Services;
(2)
the Director of the National Office of New Americans;
(3)
the head of the Domestic Policy Council; and
(4)
10 individuals from national private and public nonprofit organizations that promote and assist lawful permanent residents with naturalization.
(f)
Executive Director—
(1)
In general— The Council shall appoint an Executive Director of the Foundation, who shall oversee the daily operations of the Foundation.
(2)
Powers— The Executive Director shall carry out the purposes described in subsection (b) on behalf of the Foundation by—
(A)
accepting, holding, administering, investing, and spending any gift, devise, or bequest of real or personal property made to the Foundation;
(B)
entering into contracts and other financial assistance agreements with individuals, public and private organizations, professional societies, and government agencies to carry out the activities of the Foundation;
(C)
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
(D)
charging such fees for professional services provided by the Foundation as the Executive Director considers reasonable and appropriate.
(g)
Deadline— The Secretary of Homeland Security shall ensure that the Foundation is established and operational not later than 1 year after the date of the enactment of this Act.

Sec. 208 Pilot program to promote immigrant integration at State and local levels

(a)
Grants authorized— The Director of the National Office of New Americans (referred to in this section as the “Director”), in coordination with the Assistant Secretary for Career, Technical, and Adult Education and the Assistant Secretary for Elementary and Secondary Education at the Department of Education, the Assistant Secretary for Employment and Training at the Department of Labor, the Assistant Secretary for the Administration of Children and Families at the Department of Health and Human Services, and the Chief of the Office of Citizenship at U.S. Citizenship and Immigration Services, shall establish a pilot program to award grants, on a competitive basis, to State, local, and Tribal governments—
(1)
to establish new immigrant councils to carry out programs to integrate new immigrants; and
(2)
to carry out programs to integrate new immigrants.
(b)
Application— To be considered for a grant under this section, a State, local, or Tribal government may submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require, including—
(1)
a proposal to carry out one or more activities described in subsection (c);
(2)
the number of new immigrants who live in the jurisdiction of the applicant; and
(3)
a description of the challenges presented by introducing and integrating new immigrants into the State, local, or Tribal community, as applicable.
(c)
Activities— A grant awarded under this section may be used—
(1)
to form a new immigrant council, which shall—
(A)
consist of not fewer than fifteen and not more than 19 representatives of the State, local, or Tribal government, as applicable;
(B)
include, to the extent practicable, representatives from—
(i)
the business community;
(ii)
faith-based organizations;
(iii)
civic organizations;
(iv)
philanthropic organizations;
(v)
nonprofit organizations, including nonprofit organizations 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, local, or Tribal economic development agencies;
(viii)
State, local, or Tribal health and human services agencies;
(ix)
State, local, or Tribal early childhood coordinating councils; and
(x)
State, local, or Tribal public libraries; and
(C)
meet not less frequently than once each quarter;
(2)
to provide subgrants to local communities, units of local government, Tribal governments, and nonprofit organizations (including veterans and civic organizations);
(3)
to develop, implement, expand, or enhance a comprehensive plan to introduce and integrate new immigrants into the applicable State by—
(A)
supporting English language and integration knowledge and skills development;
(B)
engaging with immigrant parents and other primary caretakers to support the healthy development, kindergarten readiness, and education success of children;
(C)
improving and expanding access to workforce training programs;
(D)
teaching United States history, civics, and citizenship rights and responsibilities;
(E)
improving financial literacy; and
(F)
focusing on other key areas of importance with respect to integration into the social, cultural, economic, and civic life of the United States; 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)
publicizing the contributions of receiving communities and new immigrants; and
(D)
engaging leaders from all sectors of receiving communities.
(d)
Reporting and evaluation—
(1)
Annual report— Not later than 90 days after the end of each fiscal year for which an entity receives a grant under this section, the entity shall submit to the Director an annual report that describes—
(A)
each activity carried out by the grant recipient using grant funds;
(B)
the service;
(C)
the number of new immigrants in the service area; and
(D)
the primary languages spoken in the service area.
(2)
Annual evaluation— Not later than 90 days after the end of each fiscal year for which an entity receives a grant under this section, the Director shall conduct an annual evaluation of the grant program established under this section—
(A)
to assess and improve the effectiveness of the grant program;
(B)
to assess the future needs of—
(i)
new immigrants; and
(ii)
with respect to immigrant integration, State, local, and Tribal governments; and
(C)
to ensure that grant recipients and subgrantees use grant funds in accordance with this section.

Sec. 209 Authorization of appropriations for Foundation and pilot program

There are authorized to be appropriated for the first 2 fiscal years after the date of enactment of this Act such sums as may be necessary to establish the Foundation and the pilot program described in section 208. Such amounts may be invested and any amounts resulting from such investments shall remain available for the operations of the Foundation and such pilot program without further appropriation.