New American Success Act of 2014 - Establishes in the Executive Office of the President a National Office of New Americans which shall:
Establishes within the Office a Task Force on New Americans.
Requires U.S. Citizenship and Immigration Services, in consultation with the Office, to award initial entry, adjustment, and citizenship assistance grants to local government units, private organizations, community-based organizations, or not-for-profit organizations to provide legal assistance to an eligible non-citizen who is seeking: (1) to become a permanent resident or naturalized citizen, or (2) relief from removal.
Makes such grants available for 10 fiscal years beginning with FY2016.
Establishes in the Treasury the Integration Success Fund.
Amends the Immigration and Nationality Act to revise the waiver of the English language naturalization requirement for senior individuals.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4949 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4949
To establish the National Office of New Americans to support the
integration of immigrants to the United States into the economic,
social, cultural, and civic life of their local communities and the
Nation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2014
Mr. Cardenas (for himself and Ms. Ros-Lehtinen) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Education and the Workforce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To establish the National Office of New Americans to support the
integration of immigrants to the United States into the economic,
social, cultural, and civic life of their local communities and the
Nation, 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 American Success Act of 2014''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings and declaration of policy.
TITLE I--CITIZENSHIP AND NEW AMERICANS
Sec. 101. National Office of New Americans.
Sec. 102. Task Force on New Americans.
Sec. 103. Authorization of appropriations.
TITLE II--GRANTS
Sec. 201. Initial Entry, Adjustment, and Citizenship Assistance Grants.
Sec. 202. Integration Success Grants.
Sec. 203. Integration Success Fund.
TITLE III--ENGLISH LANGUAGE LEARNING
Sec. 301. Waiver of English requirement for senior new Americans.
TITLE IV--RULEMAKING
Sec. 401. Rulemaking requirement.
SEC. 3. FINDINGS AND DECLARATION OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) According to the Migration Policy Institute, there are
13,400,000 non-citizen residents in the United States with
limited proficiency in English.
(2) According to the Department of Homeland Security,
approximately 1,100,000 legal immigrants enter the country
annually. About half of these legal immigrants lack full
proficiency in English.
(3) According to the Migration Policy Institute, an
estimated 70 percent of the unauthorized immigrant population
ages 19 and older have limited proficiency in English.
(4) According to the Bureau of Labor Statistics, more than
two-thirds of the foreign-born population does not have a
postsecondary degree, and foreign-born adults are three times
more likely to lack a high school diploma or equivalent than
native-born adults.
(5) According to the Bureau of Labor Statistics, 19 of the
30 fastest growing occupations require workers with some form
of postsecondary education or training.
(6) These statistics suggest that a lack of English
proficiency and limited education serve as serious impediments
to labor market success for immigrants.
(7) A century ago, during the last great wave of
immigration to this country, the public and private sectors
promoted the integration of newcomers through the Settlement
House movement, the founding of the modern public library
system, the establishment of universal public education.
(8) Although currently dozens of Federal and State programs
support, and thousands of government agencies and nonprofit
organizations operate, programs that teach English, promote
acquisition of workforce skills, provide citizenship
assistance, and otherwise promote the integration of immigrants
and their children, such programs are often not coordinated or
aligned, limiting the capacity of such programs to identify and
test promising practices, leverage resources, or bring
effective interventions to scale.
(9) It is in the national interest to facilitate the rapid
acquisition of English language skills by immigrants to the
United States and to otherwise promote the integration of
immigrants and their children into the mainstream of our
economy and society.
(10) Empowering immigrants and their family members to
effectively integrate into the mainstream of the economic,
social, cultural, and civic life of their local communities and
the Nation as a whole will ensure that United States
immigration policies result in more productive and competitive
local economies and more cohesive and harmonious communities.
(11) Data, policies, and programs relevant to immigrant
integration crosscut the responsibilities of numerous Federal
agencies as well as those of State and local governments and
nongovernmental actors.
(12) The overlapping nature of integration issues and the
lack of coordination of immigration policies and programs make
it difficult for the President and Congress to understand and
respond to pressing integration challenges and opportunities.
(13) Improved coordination of integration goals, policies,
and programs across sectors and levels of government would
greatly enhance the ability of the Federal Government to create
and maintain an immigration system that is more suited to
modern times and benefits the interests of the Federal
Government, communities with growing immigrant populations, as
well as immigrants and their family members.
(b) Declaration of Policy.--It is the policy of the United States
to--
(1) promote the civic, linguistic, and economic integration
of immigrants and their young children into the United States;
(2) establish national goals for integrating immigrants and
their young children into the United States, and measure the
degree to which such goals are met;
(3) assess and coordinate Federal policies, regulations,
and programs related to the integration of immigrants,
including an assessment of Federal agency jurisdiction and
budget concerns;
(4) consult with State and local governments on integration
challenges and opportunities for the purpose of improving
Federal integration policy and program efforts;
(5) track the performance of Federal, State, and local
integration initiatives, including measures of reach,
effectiveness, and cost; and
(6) engage stakeholders at different government and
nongovernment levels to identify integration opportunities and
challenges.
TITLE I--CITIZENSHIP AND NEW AMERICANS
SEC. 101. NATIONAL OFFICE OF NEW AMERICANS.
(a) Establishment of National Office of New Americans.--
(1) In general.--There is established in the Executive
Office of the President a National Office of New Americans (in
this title referred to as the ``Office'').
(2) Appointment of directors.--There shall be at the head
of the Office a Director appointed by the President (in this
title referred to as the ``Director''). The President is
authorized to appoint a Deputy Director and such Assistant
Directors as the President determines to be necessary.
(b) Functions.--The functions of the Office are--
(1) to oversee and coordinate the efforts of Federal,
State, and local entities to ensure the effective economic,
linguistic, and civic integration of immigrants and their
children;
(2) to provide advice and leadership to the President,
Congress, and other Federal Government officials on the
challenges and opportunities facing such entities with regards
to immigrant integration;
(3) to establish national goals for immigrant integration
and measure the degree to which such goals are met;
(4) to serve as a member of the Domestic Policy Council;
(5) to cooperate closely with the Office of Management and
Budget and other relevant executive agencies and departments to
analyze the impact of immigration policies and of immigrant
integration efforts on the Federal budget;
(6) to evaluate the scale, quality, and effectiveness of
Federal Government efforts concerning immigrant integration;
(7) to identify the anticipated effects of new Federal
immigration policies on existing integration efforts and advise
the President on how to address any potential integration needs
or impacts resulting from such policies;
(8) to consult on a biannual basis with State and local
government officials on the immigrant integration challenges
and opportunities facing State and units of local government;
(9) to consult with the Secretaries and Directors
identified in title II on the administration of the grant
programs established by such title; and
(10) to submit to the President and the appropriate
congressional committees a biannual report that describes the
activities of the Office and the results of the consultation
process provided in paragraph (8).
(c) Deadline for Establishment.--The Office shall begin operating
not later than one year after the date of the enactment of this Act.
SEC. 102. TASK FORCE ON NEW AMERICANS.
(a) Establishment.--
(1) In general.--The Director shall establish within the
Office of New Americans a Task Force on New Americans.
(2) Deadline for establishment.--The Task Force shall be
fully operational not later than 18 months after the date of
the enactment of this Act.
(b) Purpose.--The purposes of the Task Force are--
(1) to establish a coordinated Federal program to respond
effectively to immigrant integration issues; and
(2) to advise and assist the Director in identifying and
implementing the necessary policies to carry out such program.
(c) Membership.--The Task Force shall be comprised of--
(1) the Director, who shall serve as Chair of the Task
Force;
(2) the Secretary of the Treasury;
(3) the Attorney General;
(4) the Secretary of Commerce;
(5) the Secretary of Labor;
(6) the Secretary of Health and Human Services;
(7) the Secretary of Housing and Urban Development;
(8) the Secretary of Education;
(9) the Secretary of Homeland Security;
(10) the Director of the Small Business Administration;
(11) the Director of the Office of Management and Budget;
(12) the Director of the Bureau of Consumer Financial
Protection; and
(13) any other individual the Director of the National
Office of New Americans invites to participate who occupies a
position listed under level I or II of the Executive Schedule,
as provided in sections 5312 and 5313 of title 5, United States
Code.
(d) Duties.--
(1) In general.--The Task Force shall meet at the call of
the Chair and perform such duties as the Chair reasonably
requires.
(2) Coordinated response to immigrant issues.--The Task
Force shall work with executive agencies and departments to
provide a coordinated Federal response to adequately address
issues that affect the lives of new immigrants and local
communities with growing immigrant populations, including--
(A) early childhood care and education;
(B) elementary, secondary and postsecondary
education;
(C) adult education and workforce training;
(D) health care;
(E) naturalization; and
(F) economic development.
(3) Liaison with federal agencies.--
(A) In general.--Each member of the Task Force
shall serve as a liaison to the respective agency of
the member to ensure that the agency participates in
the activities of the Task Force in a timely and
meaningful manner.
(B) Duties of a liaison.--The duties of each member
as an agency liaison include--
(i) creating immigrant integration goals
within the agency;
(ii) creating immigration integration
indicators within the agency;
(iii) implementing the biannual
consultation process described in section
101(b)(8) by consulting with the State and
local counterparts of the agency; and
(iv) reporting to the Task Force on the
progress made by the agency in achieving the
goals and indicators described in clauses (i)
and (ii).
(4) Recommendations of the task force.--
(A) Report.--The Director of the Task Force shall
submit to Congress a report that includes the
following:
(i) Findings from the consultation process
described in section 101(b)(8), including a
description of the immigrant integration
challenges and opportunities facing States and
units of local government.
(ii) Recommendations on the effects of
pending legislation and executive branch policy
proposals related to immigration.
(iii) Suggestions for changes to Federal
programs or policies that have a negative
impact on new immigrants and local communities
with growing immigrant populations, in
comparison to the general population.
(iv) Recommendations on legislative
solutions to promote immigrant integration.
(B) Reporting deadline.--
(i) Report required.--Except as provided in
clause (ii), the Task Force shall submit a
report required by subparagraph (A) not later
than 18 months after the Task Force is fully
operational and every two years thereafter.
(ii) Exception.--The Task Force is not
required to submit a report described in clause
(i) if the total number of aliens issued
immigrant visas or granted permanent residence
under section 201 of the Immigration and
Nationality Act (8 U.S.C. 1151), including
individuals subject and not subject to
numerical limitations for admission, is less
than 500,000 at any time during a period of two
years ending on the required submission date of
such report pursuant to clause (i).
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
In addition to any amounts otherwise made available to the Office,
there are authorized to be appropriated such sums as may be necessary
to carry out this title.
TITLE II--GRANTS
SEC. 201. INITIAL ENTRY, ADJUSTMENT, AND CITIZENSHIP ASSISTANCE GRANTS.
(a) Authorization.--The Director of Citizenship and Immigration
Services, in consultation with the Director of the National Office of
New Americans, shall award Initial Entry, Adjustment, and Citizenship
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 to the United States; and
(2) that submits to the Director of Citizenship and
Immigration Services an application at such time, in such
manner, and containing such information as such Director, in
consultation with the Director of the National Office of New
Americans, may reasonably require.
(c) Use of Funds.--
(1) In general.--Funds awarded under this section may be
used to provide to an eligible non-citizen legal assistance
relating to the immigration status of such non-citizen, or
related services. Such assistance may include--
(A) screening to assess the eligibility of a
prospective applicant seeking a change in immigration
status;
(B) completing immigration applications;
(C) gathering proof of identification, employment,
residence, and tax payment;
(D) gathering proof of relationships to eligible
family members;
(E) applying for any waivers for which an applicant
and qualifying family members may be eligible; and
(F) advising an applicant on the rights and
responsibilities of United States citizenship.
(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) Priority.--In awarding grants under this section, priority
shall be given to--
(1) entities that demonstrate intent to use grant funds to
serve individuals living in a State with a foreign-born
population of not less than 5 percent that has experienced an
increase that is higher than the national average in the
population of non-citizen residents during the most recent 10-
year period, based on data compiled by the Office of
Immigration Statistics or the United States Census Bureau, or
units of local government located within such State; or
(2) entities that demonstrate intent to use grant funds to
serve individuals living in any of the 10 States with the
highest number of non-citizen residents, based on data compiled
by the Office of Immigration Statistics or the United States
Census Bureau, or units of local government located within such
State.
(e) Certification.--In order to receive a payment under this
section, a participating entity shall submit to the Director of
Citizenship and Immigration Services 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 Director of Citizenship
and Immigration Services 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 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; and
(E) 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;
(B) the future needs of immigrants to the United
States; and
(C) the future needs of States and units of local
government related to immigrant integration.
(g) 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.
(h) Effective Period.--This section shall be in effect for a period
of 10 fiscal years beginning with fiscal year 2016.
SEC. 202. INTEGRATION SUCCESS GRANTS.
(a) Grants Authorized.--The Secretary of Education, the Secretary
of Labor, and the Secretary of Health and Human Services, in
consultation with the Director of the National Office of New Americans
(in this section referred to as the ``Director''), may jointly provide
grants on a competitive basis to improve the economic, linguistic, and
civic integration of immigrants and their children.
(b) Eligibility.--An entity eligible to receive a grant under this
section is a State, or a unit of local government working in
partnership with a not-for-profit organization or community-based
organization, that submits to the Secretaries an application at such
time, in such manner, and containing such information as the
Secretaries, in consultation with the Director, may reasonably require,
which may include--
(1) a proposal outlining the methods the entity intends to
use to effectively carry out the activities funded by the
grant;
(2) a sociodemographic profile of non-citizens living
within the jurisdiction or service area of the entity; and
(3) a description of opportunities and challenges in
improving the economic, linguistic, and civic integration of
immigrants.
(c) Use of Funds.--An entity awarded a grant under this section may
use the grant funds--
(1) to expand access to, and improve the quality of,
programs supporting the economic advancement of immigrants in
areas that include financial literacy, small business
development, employment navigation, and training opportunities;
(2) to expand programs that provide basic adult education
and contextualized English language skills that improve the
literacy, numeracy, workforce skills, and educational
attainment of immigrants over the age of 18;
(3) to expand access to programs that assist immigrants in
obtaining recognized postsecondary credentials or employment,
or in building measurable skills to lead to the attainment of
an industry-recognized credential or certificate; and
(4) to educate immigrants about United States history,
civics, citizenship rights and responsibilities, democracy,
opportunities to engage in the civic life of their community,
unit of local government, and State, and the navigation of
local systems that support the economic, linguistic, and civic
integration of individuals and families.
(d) Priority.--In awarding grants under this section, priority
shall be given to--
(1) an entity that uses not less than ten percent of
matching funds from non-Federal sources;
(2) an entity that collaborates with at least one public or
private entity to carry out a comprehensive plan to improve the
coordination of relevant immigrant integration services and
accelerate the integration progress; and
(3) a State--
(A) that has a foreign born population of not less
than 5 percent and that has experienced an increase in
non-citizen residents that is higher than the national
average during the most recent 10-year period, based on
data compiled by the Office of Immigration Statistics
or the United States Census Bureau, or a unit of local
government located within such State; or
(B) that is one of the 10 States with the highest
number of non-citizen residents, based on data compiled
by the Office of Immigration Statistics or the United
States Census Bureau, or a unit of local government
located within such State.
(e) Certification.--In order to receive a payment under this
section, a participating entity shall provide the Secretaries with 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 Secretaries in consultation with the Director.
(f) Annual Report and Evaluation.--Not later than 90 days after the
end of each fiscal year for which an entity receives a grant under this
section, such entity shall submit to the Secretaries the following:
(1) A report that describes--
(A) the activities undertaken by the entity;
(B) the geographic area or areas served by the
grant funds; and
(C) a description of the sociodemographic
characteristics of individuals served by the grant
funds; and
(2) An evaluation of any program of the entity that
receives grant funds, including an assessment of--
(A) the effectiveness of such program and
recommendations for improving the program;
(B) the future needs of immigrants to the United
States; and
(C) the future needs of States and units of local
government related to immigrant integration.
(g) Annual Report to States.--The Director of the National Office
of New Americans shall inform each State annually of the amount of
funds available to such State under this section.
(h) 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.
(i) Effective Period.--This section shall be in effect for a period
of 10 fiscal years beginning with fiscal year 2016.
SEC. 203. INTEGRATION SUCCESS FUND.
(a) In General.--There is established in the Treasury an account
known as the ``Integration Success Fund''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Integration Success Fund such funds as may be
necessary to carry out this title.
(c) Gifts, Bequests, and Devises.--The Director of the National
Office of New Americans may solicit, accept, use, and dispose of gifts,
bequests, or devises of services or property, both real and personal,
for the purpose of awarding grants established under sections 201 and
202. Gifts, bequests, or devises of money and proceeds from sales of
other property received as gifts, bequests, or devises shall be
deposited in the Integration Success Fund established by subsection (a)
and shall be available for disbursement to eligible entities in
accordance with this title.
TITLE III--ENGLISH LANGUAGE LEARNING
SEC. 301. WAIVER OF ENGLISH REQUIREMENT FOR SENIOR NEW AMERICANS.
Section 312 of the Immigration and Nationality Act (8 U.S.C. 1423)
is amended by striking subsection (b) and inserting the following:
``(b) The requirements under subsection (a) shall not apply to any
person who--
``(1) is unable to comply with such requirements because of
physical or mental disability, including developmental or
intellectual disability; or
``(2) on the date on which the person's application for
naturalization is filed under section 334--
``(A) is older than 65 years of age; and
``(B) has been living in the United States for
periods totaling at least 5 years after being lawfully
admitted for permanent residence.
``(c) The requirement under subsection (a)(1) shall not apply to
any person who, on the date on which the person's application for
naturalization is filed under section 334--
``(1) is older than 50 years of age and has been living in
the United States for periods totaling at least 20 years after
being lawfully admitted for permanent residence;
``(2) is older than 55 years of age and has been living in
the United States for periods totaling at least 15 years after
being lawfully admitted for permanent residence; or
``(3) is older than 60 years of age and has been living in
the United States for periods totaling at least 10 years after
being lawfully admitted for permanent residence.
``(d) The Secretary of Homeland Security may waive, on a case-by-
case basis, the requirement under subsection (a)(2) on behalf of any
person who, on the date on which the person's application for
naturalization is filed under section 334--
``(1) is older than 60 years of age; and
``(2) has been living in the United States for periods
totaling at least 10 years after being lawfully admitted for
permanent residence.''.
TITLE IV--RULEMAKING
SEC. 401. RULEMAKING REQUIREMENT.
(a) In General.--Subject to subsection (b), not later than 180 days
after the date of the enactment of this Act, each person or persons
responsible for carrying out a provision of this Act or an amendment
made by this Act shall promulgate regulations to carry out such
provision.
(b) Consultation With National Office of New Americans.--For each
provision of this Act for which the Director of the National Office of
New Americans is not the person responsible for carrying out such
provision, the responsible person or persons shall consult with the
Director in promulgating the regulations described in subsection (a).
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Immigration and Border Security.
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