I 111th CONGRESS 2d Session H. R. 4548 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.

1.

Short title

This Act may be cited as the Fairness for American Students Act.

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.