[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 416 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 416

  To amend the Higher Education Act of 1965 to prohibit assistance to 
  institutions of higher education located in States that provide in-
State tuition or other forms of student financial assistance to illegal 
                                aliens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 11, 2007

 Mr. Gallegly introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
  To amend the Higher Education Act of 1965 to prohibit assistance to 
  institutions of higher education located in States that provide in-
State tuition or other forms of student financial assistance to illegal 
                                aliens.

    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 ``Fairness in Higher Education Act of 
2007''.

SEC. 2. LIMITATION ON ASSISTANCE TO INSTITUTIONS.

    Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 
1011 et seq.) is amended by adding at the end the following new 
section:

``SEC. 123. LIMITATION ON ASSISTANCE TO INSTITUTIONS.

    ``(a) Limitation.--Notwithstanding any other provision of this Act, 
none of the funds made available under this Act may be provided, under 
a grant to or contract with an institution of higher education, to an 
institution that is located in a State that by law expressly authorizes 
the provision of State student financial assistance to students who are 
aliens who are not lawfully present in the United States.
    ``(b) Inapplicability to Federal Student Financial Assistance.--The 
limitation contained in subsection (a) shall not be construed to 
prohibit, limit, or otherwise affect the payment of Federal student 
financial assistance to any student at an institution that is located 
in a State described in such subsection.
    ``(c) Definitions.--
            ``(1) State student financial assistance.--The term `State 
        student financial assistance' means any grant, loan, work-
        study, or other form of financial assistance provided by a 
        State (or agency or instrumentality thereof) to reduce the cost 
        of attendance for a student at an institution of higher 
        education, and includes a reduction in the tuition or fees (or 
        both) for students who reside within that State (as compared to 
        the tuition or fees charged to non-residents of that State).
            ``(2) Federal student financial assistance.--The term 
        `Federal student financial assistance' means any grant, loan, 
        work-study, or other form of financial assistance provided 
        under this Act to reduce the cost of attendance for a student 
        at an institution of higher education.''.
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