[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4548 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4548

 To enforce the restriction on in-State tuition for aliens unlawfully 
                     present in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2010

 Mr. Tiahrt (for himself, Mr. Bilbray, Mr. Hunter, and Mr. Alexander) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committee on Education and Labor, 
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 enforce the restriction on in-State tuition for aliens unlawfully 
                     present in the United States.

    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 for American Students 
Act''.

SEC. 2. ENFORCING FEDERAL RESTRICTION ON IN-STATE TUITION FOR ALIENS 
              NOT LAWFULLY PRESENT.

    (a) In General.--Section 505 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is amended--
            (1) in subsection (a)--
                    (A) by striking ``on the basis of residence within 
                a State (or a political subdivision)''; and
                    (B) by striking ``unless a citizen'' and all that 
                follows through the period and inserting ``unless every 
                citizen and national of the United States is entitled 
                to such benefit (in no less an amount, duration, and 
                scope) without regard to the citizen or national's 
                place of residence or the geographic location of any 
                school from which the citizen or national was 
                graduated.'';
            (2) by redesignating subsection (b) as subsection (c);
            (3) by inserting after subsection (a) the following:
    ``(b) Enforcement by Civil Action.--
            ``(1) In general.--Any citizen or national of the United 
        States who is attending, or is enrolled in, a postsecondary 
        educational institution may commence a civil action against any 
        official of the institution, or any official of a State agency 
        that regulates the institution, to require compliance with 
        subsection (a).
            ``(2) Relief.--An individual prevailing in any action under 
        paragraph (1) shall be entitled to all relief necessary to make 
        the individual whole, including compensation for any special 
        damages sustained as a result of the violation (such as any 
        additional tuition and fees paid by the plaintiff above the 
        tuition and fees charged to residents of the State or political 
        subdivision in question), litigation costs, expert witness 
        fees, and reasonable attorney fees.''; and
            (4) by adding at the end the following:
    ``(d) Annual Report.--The Attorney General shall report annually to 
the Congress on which, if any, postsecondary educational institutions 
are providing benefits in contravention of subsection (a).
    ``(e) Denial of Federal Financial Assistance.--No Federal agency 
shall provide any grant, reimbursement, or other financial assistance 
to any postsecondary educational institution determined under 
subsection (d) to be providing benefits in contravention of subsection 
(a). Any funds withheld under this subsection shall be reallocated 
among qualifying educational institutions that are in compliance with 
subsection (a).''.
    (b) Authority.--This section is enacted in the exercise of the 
power of the Congress under section 5 of the 14th article of amendment 
to the Constitution of the United States.
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