Investing in States to Achieve Tuition Equality for Dreamers Act of 2014 or the IN STATE Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to allot grants to states to offer Dreamer students in-state tuition and expand their access to in-state financial aid.
Defines a "Dreamer student" as an individual who:
Directs the Secretary to provide for a hardship exception to either or both of the first two of such requirements.
Requires grant applicants to assure the Secretary that they: (1) have made significant progress in establishing a preschool through postsecondary education (P-16) longitudinal data system; and (2) will not discriminate against Dreamer students in awarding student aid or determining who is eligible for in-state tuition, if the student would otherwise be eligible for in-state financial aid as a state resident.
Allots grants to each state based on its proportion of resident Dreamer students who are enrolled at least half-time in postsecondary education.
Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to collect a specified fee from recipients of F-1 visas, provided to nonimmigrant full-time students.
Eliminates the prohibition on states offering unlawful aliens postsecondary benefits on the basis of their residence in the state that are more generous than those offered citizens or naturals of this country, without regard to their state residence.
Allows individuals who have served honorably in the U.S. Armed Forces to be naturalized without having been lawfully admitted to this country for permanent residence.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3921 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 3921
To incentivize State support for postsecondary education and to promote
increased access and affordability for higher education for students,
including Dreamer students.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2014
Mr. Polis (for himself, Mr. Castro of Texas, and Ms. DelBene)
introduced the following bill; which was referred to the Committee on
Education and the Workforce, and in addition to the Committee on the
Judiciary, 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 incentivize State support for postsecondary education and to promote
increased access and affordability for higher education for students,
including Dreamer students.
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 ``Investing in States to Achieve
Tuition Equality for Dreamers Act of 2014'' or ``IN STATE Act of
2014''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The non-partisan Congressional Budget Office found that
comprehensive immigration reform would reduce the national
deficit by billions, strengthen Social Security solvency,
increase the number of jobs, and raise Gross Domestic Product.
(2) According to a report by the Partnership for a New
American Economy, in 2010 more than 40 percent of Fortune 500
companies were founded by immigrants or their children,
generating a combined revenue of $4,200,000,000,000.
(3) Thousands of deferred action childhood arrival students
graduate from high schools in the United States every year but
only a small fraction of those students enroll in higher
education.
(4) Many jobs in the 21st century economy require some form
of postsecondary education.
(5) Education provides an important pathway to the middle
class; college graduates have higher earnings and lower
unemployment rates than their less educated peers.
(6) Since 2008, States are spending 28 percent less per
student in higher education, and tuition and fees continue to
rise. The increased costs are being shifted to students and
student loan debt continues to grow.
(7) Investments in higher education provide youth a ladder
to achieving the American dream.
(b) Purposes.--The purposes of this Act are to--
(1) allow States to provide immigrant students timely and
affordable access to higher education;
(2) incentivize States to maintain support for higher
education; and
(3) promote increased access and affordability to
postsecondary education for students through State need-based
financial aid.
SEC. 3. AMERICAN DREAM GRANTS.
(a) In General.--Subpart 4 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070c et seq.) is amended by adding at
the end the following:
``SEC. 415G. AMERICAN DREAM GRANTS.
``(a) Dreamer Students.--
``(1) In general.--In this section, the term `Dreamer
student' means an individual who--
``(A) was younger than 16 years of age on the date
on which the individual initially entered the United
States;
``(B) has provided a list of each secondary school
(as that term is defined in section 9101 of the
Elementary and Secondary Education Act of 1965) that
the student attended in the United States; and
``(C)(i) has earned a high school diploma or a
commensurate alternative award from a public or private
high school or secondary school, has obtained a general
education development certificate recognized under
State law, has obtained a high school equivalency
diploma in the United States, or is scheduled to
complete the requirements for such a credential before
the next academic year begins;
``(ii) has acquired a degree from an institution of
higher education or has completed not less than 2
years, in good standing, in a program for a bachelor's
degree or higher degree in the United States; or
``(iii) has served in the uniformed services for
not less than 4 years and, if discharged, received an
honorable discharge.
``(2) Hardship exception.--The Secretary shall issue
regulations that direct when a State shall waive the
requirement of subparagraph (A) or (B), or both, of paragraph
(1) to qualify as a Dreamer student under paragraph (1), if the
individual--
``(A) demonstrates compelling circumstances for the
inability to satisfy the requirement of such
subparagraph (A) or (B), or both; and
``(B) satisfies the requirement under subparagraph
(C) of paragraph (1).
``(b) Grants to States.--
``(1) Reservation for administration.--From the amounts
appropriated to carry out this section for each fiscal year,
the Secretary may reserve not more than 1 percent of such
amounts to administer this section.
``(2) Grants authorized to eligible states.--From the
amounts appropriated to carry out this section for each fiscal
year and not reserved under paragraph (1), the Secretary shall
award grants to eligible States to enable the States to carry
out the activities described in this section.
``(3) Eligibility.--A State is eligible to receive a grant
under this section if the State--
``(A) increases access and affordability to higher
education for students by--
``(i) offering in-State tuition for Dreamer
students; or
``(ii) expanding in-State financial aid to
Dreamer students; and
``(B) submits an application to the Secretary that
contains an assurance that--
``(i) the State has made significant
progress establishing a longitudinal data
system that includes the elements described in
section 6201(e)(2)(D) of the America COMPETES
Act (20 U.S.C. 9871(e)(2)(D)); and
``(ii) notwithstanding any other provision
of law, the State will not discriminate, in
awarding student financial assistance or
determining who is eligible for in-State
tuition, against a Dreamer student if the
student would otherwise be eligible for in-
State financial aid.
``(4) Allotments.--The Secretary shall allot the amount
appropriated to carry out this section for each fiscal year and
not reserved under paragraph (1) among the eligible States in
proportion to the number of Dreamer students enrolled at least
half-time in postsecondary education who reside in the State
for the most recent fiscal year for which satisfactory data are
available, compared to the number of such students who reside
in all eligible States for that fiscal year.
``(c) Supplement Not Supplant.--Grant funds awarded under this
section shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be used for activities authorized under this
section.
``(d) Authorization and Appropriation of Funds.--There are
authorized to be appropriated, and there are appropriated, to carry out
this section--
``(1) $55,000,000 for fiscal year 2015;
``(2) $55,000,000 for fiscal year 2016;
``(3) $60,000,000 for fiscal year 2017;
``(4) $60,000,000 for fiscal year 2018;
``(5) $75,000,000 for fiscal year 2019;
``(6) $75,000,000 for fiscal year 2020;
``(7) $85,000,000 for fiscal year 2021;
``(8) $85,000,000 for fiscal year 2022;
``(9) $100,000,000 for fiscal year 2023; and
``(10) $100,000,000 for fiscal year 2024.''.
(b) Offset.--Section 281 of the Immigration and Nationality Act (8
U.S.C. 1351) is amended--
(1) by striking ``The fees'' and inserting the following:
``(a) In General.--The fees'';
(2) by striking ``: Provided, That nonimmigrant visas'' and
inserting the following:
``(b) United Nations Visitors.--Nonimmigrant visas'';
(3) by striking ``Subject to'' and inserting the following:
``(c) Fee Waivers or Reductions.--Subject to''; and
(4) by adding at the end the following:
``(d) F-1 Visa Fee.--In addition to the fees authorized under
subsection (a), the Secretary of Homeland Security shall collect a $150
fee from each nonimmigrant admitted under section 101(a)(15)(F)(i),
which fee shall be deposited in the general fund of the Treasury.''.
(c) Restoration of State Option To Determine Residency for Purposes
of Higher Education.--
(1) Repeal.--Section 505 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is
repealed.
(2) Effective date.--The repeal under paragraph (1) shall
take effect as if included in the original enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (division C of Public Law 104-208).
(d) Naturalization.--Section 328(a) (8 U.S.C. 1439(a)) is amended
by inserting ``, without having been lawfully admitted to the United
States for permanent residence, and'' after ``naturalized''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, 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 Education and the Workforce, and in addition to the Committee on the Judiciary, 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 Crime, Terrorism, Homeland Security, and Investigations.
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