,,ii #aaith ,,congress #b;d ,session ,s4 #dadb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ai1 #bjbf,mr4 ,markey 7for himself1 ,mr4 ,padilla1 ,mr4 ,schiff1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to authorize the ,attorney ,general to provide grants to ,states1 units of local government1 and organizations to support the recruitment1 training1 and development of staff and infrastructure needed to support the due process rights of individuals facing removal4 #a4 ,short titles ,this ,act may be cited as the ,securing ,help for ,immigrants through ,education and ,legal ,development ,act or the ,,shield ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,individual facing removal ,the term individual facing removal means an individual in a proceeding under section #bce7;b71 #bch1 #bdj1 or #bda7;a77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b71 #abbh1 #abbi;a1 and #abca7;a77#e774 7#b7 ,service area ,the term service area means the jurisdiction or geographical area in which an entity carries out activities using funds awarded under this ,act4 7#c7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7#d7 ,unit of local government ,the term unit of local government has the meaning given such term in section #ija7;a77#c7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea7;a77#c774 #c4 ,immigration legal services staff and infrastructure development program 7a7 ,in general ,the ,attorney ,general1 acting through the ,director of the ,office for ,access to ,justice1 shall award competitive workforce development and capacity building grants to eligible entities that are seeking to expand access to representation for individuals facing removal by increasing the workforce and strengthening the legal services infrastructure needed to provide such representation4 7b7 ,eligibility criteria ,an entity is eligible to receive a grant under this section if it is a-- 7#a7 ,state or unit of local government that has allocated public funds towards the provision of immigration-related legal services1 including legal representation1 legal assistance1 community navigation1 and related services1 to individuals facing removal2 7#b7 a community-based organization1 nonprofit organization1 or educational institution that provides or coordinates immigration-related legal services to individuals facing removal2 or 7#c7 a community-based organization1 nonprofit organization1 or educational institution that recruits1 trains1 or mentors individuals who provide or will provide immigration-related legal services to individuals facing removal4 7c7 ,application ,an eligible entity seeking a grant under this section shall submit to the ,director of the ,office for ,access to ,justice an application at such time1 in such manner1 and containing such information as the ,director may reasonably require4 7d7 ,use of funds ,funds awarded under this section shall be used to develop a workforce scaled to meet the representation needs of all individuals facing removal1 grow the immigration-related legal services infrastructure1 and enhance long-term capacity to provide high-quality1 holistic1 and linguistically appropriate legal services1 which may include-- 7#a7 workforce recruitment and training programs1 such as educational1 fellowship1 clinical1 job recruitment1 and job training services aimed at increasing the number of lawyers1 accredited representatives1 social workers1 and community navigators entering the immigration legal services field2 7#b7 technical assistance services1 such as-- 7,a7 substantive and technical skills-based trainings to improve the quality of representation provided to individuals facing removal2 7,b7 language training to ensure legal staff are equipped to provide linguistically appropriate services2 7,c7 specialized legal support to support representation in complex defense cases1 including representation in ,federal court and ,state court2 and 7,d7 leadership development1 including management training and establishing appropriate supervisory systems2 7#c7 local or regional coordination services to ensure a coordinated and efficient delivery of legal services to individuals facing removal2 7#d7 retention improvement strategies to ensure sustainable growth of the immigration-related legal services field1 including strategies to address caseload management1 burnout1 and organizational systems2 7#e7 recruiting and retaining legal staff from underrepresented backgrounds and promoting diversity within the legal services field2 7#f7 growing legal services infrastructure and representational capacity in locations with a significant unmet need for legal representation and with significantly less immigration-related legal services capacity in their service area than national averages2 and 7#g7 physical1 administrative1 and technological infrastructure resources in coordination with a use of funds described in paragraphs 7#a7 through 7#f74 7e7 ,contracts and subawards ,a recipient of a grant under this section may1 for purposes authorized under subsection 7d71 use all or a portion of that grant to contract with or make one or more subawards to one or more-- 7#a7 community-based organization1 nonprofit organization1 private organization1 or educational institution2 or 7#b7 units of local government4 7f7 ,conditions ,as a condition of receiving a grant under this section1 an eligible entity shall-- 7#a7 submit to the ,attorney ,general a certification that the proposed uses of grant funds by the entity-- 7,a7 are consistent with this section2 and 7,b7 meet the criteria determined by the ,attorney ,general1 in consultation with the ,director of the ,office for ,access to ,justice2 and 7#b7 not later than #ij days after the end of each fiscal year for which an entity receives grant funds under this section1 submit a report to the ,director of the ,office for ,access to ,justice that describes-- 7,a7 the types of services being provided under the grant2 7,b7 the service area2 7,c7 the number of individuals recruited or retained through services funded under the grant2 7,d7 the impact that staffing recruitment and retention has had on organizational capacity to represent more individuals within the service area2 7,e7 the actual expenditures made in connection with the grant1 including personnel and staffing structure and indirect costs2 7,f7 the outcomes of services2 and 7,g7 a description of the continuing unmet representation needs of individuals facing removal in the service area and recommendations of supports and resources needed to meet them4 7g7 ,grant term ,the term of a grant under this section shall be #d years1 which may be renewed4 7h7 ,supplement of ,non-,federal ,funds ,any ,federal funds received under this section shall be used to supplement1 not supplant1 ,federal or non-,federal funds that would otherwise be available for activities funded under this section4 #d4 ,authority and duties of the administering agency 7a7 ,duties of the ,director ,the ,director of the ,office for ,access to ,justice may promulgate such rules1 policies1 and procedures as may be necessary and appropriate to carry out the grant program under this ,act1 including the following3 7#a7 ,establishing competitive grantmaking procedures to identify grant recipients4 7#b7 ,targeting grants in a manner that best accomplishes the following objectives and priorities3 7,a7 ,advancing a legal services workforce trained and equipped to implement an independent legal defense for individuals facing removal that ensures high-quality1 independent legal representation1 regardless of ability to pay1 prior contact with the criminal legal system1 or the nature or perceived strength of their legal defense4 7,b7 ,a national legal services infrastructure scaled to meet the representation needs of all individuals facing removal4 7,c7 ,long-term growth of organizational or programmatic capacity to provide high-quality1 holistic1 and linguistically appropriate legal services to individuals facing removal4 7,d7 ,providing support to ,state and local governments that have taken leadership and developed expertise in providing public funding for the legal defense of individuals facing removal4 7,e7 ,addressing the crisis of lack of representation in parts of the country where such publicly funded programs have not been established4 7b7 ,independent implementation ,except as otherwise provided in this ,act1 the ,attorney ,general1 acting through the ,director of the ,office for ,access to ,justice1 shall exercise the authority under this ,act in an independent manner in order to advance the primary objective of increasing access to representation for individuals facing removal1 and without regard to other priorities of the ,federal ,government related to immigration enforcement4 #e4 ,reports and accountability 7a7 ,reports and evaluations ,for each fiscal year1 each grantee under this section during that fiscal year shall submit to the ,attorney ,general a report on the effectiveness of activities carried out using such grant4 ,each report shall include an evaluation in such form and containing such information as the ,attorney ,general may reasonably require4 ,the ,attorney ,general shall specify the dates on which such reports shall be submitted4 7b7 ,accountability ,grants awarded under this ,act shall be subject to the following accountability provisions3 7#a7 ,audit requirement 7,a7 ,defined term ,in this paragraph1 the term unresolved audit finding means a finding in the final audit report of the ,inspector ,general of the ,department of ,justice under subparagraph 7,c7 that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within #a year after the date on which #a final audit report is issued4 7,b7 ,audits ,beginning in the first fiscal year beginning after ,december #ac1 #bjaf1 and in each fiscal year thereafter1 the ,inspector ,general of the ,department of ,justice shall conduct audits of grantees under this section to prevent waste1 fraud1 and abuse of funds by grantees4 ,the ,inspector ,general shall determine the appropriate number of grantees to be audited each year4 7,c7 ,final audit report ,the ,inspector ,general of the ,department of ,justice shall submit to the ,attorney ,general a final report on each audit conducted under subparagraph 7,b74 7,d7 ,technical assistance ,a recipient of a grant under this section that is found to have an unresolved audit finding shall be eligible to receive prompt1 individualized technical assistance to resolve the audit finding and to prevent future findings1 for a period not to exceed the following #b fiscal years4 7,e7 ,priority ,in making grants under this section1 the ,attorney ,general shall give priority to applicants that did not have an unresolved audit finding during the #c fiscal years before submitting an application for a grant under this section4 7#b7 ,nonprofit agency requirements 7,a7 ,defined term ,for purposes of this paragraph and the grant program authorized under this section1 the term nonprofit agency means an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and is exempt from taxation under section #eja7;a7 of the ,internal ,revenue ,code of #aihf4 7,b7 ,prohibition ,the ,attorney ,general may not award a grant under this section to a nonprofit agency that holds money in an offshore account for the purpose of avoiding paying the tax described in section #eaa7;a7 of the ,internal ,revenue ,code of #aihf4 7,c7 ,disclosure ,each nonprofit agency that is awarded a grant under this section and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers1 directors1 trustees1 and key employees1 shall disclose to the ,attorney ,general1 in the application for the grant1 the process for determining such compensation1 including the independent persons involved in reviewing and approving such compensation1 the comparability data used1 and contemporaneous substantiation of the deliberation and decision4 ,upon request1 the ,attorney ,general shall make the information disclosed under this subparagraph available for public inspection4 7#c7 ,conference expenditures 7,a7 ,limitation ,not more than #ajj1jjj of the amounts made available to the ,department of ,justice to carry out this section may be used by the ,attorney ,general1 or by any individual or entity awarded a grant under this section to host1 or make any expenditures relating to1 a conference unless the ,deputy ,attorney ,general provides prior written authorization that the funds may be expended to host the conference or make such expenditure4 7,b7 ,written approval ,written approval under subparagraph 7,a7 shall include a written estimate of all costs associated with the conference1 including the cost of all food1 beverages1 audio-visual equipment1 honoraria for speakers1 and entertainment4 7,c7 ,report ,the ,deputy ,attorney ,general shall submit an annual report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives on all conference expenditures approved under this paragraph4 7#d7 ,annual certification ,beginning in the first fiscal year beginning after the date of the enactment of this ,act1 the ,attorney ,general shall submit an annual certification to the ,committee on the ,judiciary of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives that indicates whether all final audit reports issued by the ,office of the ,inspector ,general under paragraph 7#a7 have been completed and reviewed by the appropriate ,assistant ,attorney ,general or the ,director of the ,office for ,access to ,justice4 #f4 ,authorization of appropriations ,there is authorized to be appropriated to the ,department of ,justice to carry out this ,act #ajj1jjj1jjj for each of the fiscal years #bjbf through #bjbg4 #g4 ,rules of construction ,nothing in this ,act may be construed to preclude the ability for a respondent to obtain counsel at no expense to the ,government pursuant to sections #bdj7;b77#d7 and #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7b77#d7 and #h ,u4,s4,c4 #acfb74