[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8039 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8039

To amend the Higher Education Act of 1965 to establish immigration and 
residency requirements for individuals served by Federal TRIO programs, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 2024

  Mr. Banks (for himself and Ms. Foxx) introduced the following bill; 
   which was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Higher Education Act of 1965 to establish immigration and 
residency requirements for individuals served by Federal TRIO programs, 
                        and for other purposes.

    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 ``American Students First Act''.

SEC. 2. ELIGIBILITY FOR PARTICIPATION IN FEDERAL TRIO PROGRAMS.

    (a) Eligibility.--Section 402A of the Higher Education Act of 1965 
(20 U.S.C. 1070a-11) is amended--
            (1) by redesignating subsections (f) through (h) as 
        subsections (g) through (i), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f) Citizenship and Residency Requirements.--
            ``(1) In general.--To be eligible to participate in a 
        program that receives assistance under this chapter, an 
        individual shall be--
                    ``(A) a national of the United States (as defined 
                in paragraph (22) of section 101(a) of the Immigration 
                and Nationality Act (8 U.S.C. 1101(a)));
                    ``(B) an alien (as defined in paragraph (3) of such 
                section) lawfully admitted for permanent residence (as 
                defined in paragraph (20) of such section);
                    ``(C) an alien (as defined in paragraph (3) of such 
                section) who is physically present in the United States 
                (as defined in paragraph (38) of such section) for 
                other than a temporary purpose and who is able to 
                provide evidence from the Secretary of Homeland 
                Security of the alien's intent to become lawfully 
                admitted for permanent residence (as defined in 
                paragraph (20) of such section);
                    ``(D) a citizen of one of the Freely Associated 
                States lawfully residing in the United States in 
                accordance with the Compact of Free Association set 
                forth in section 201 of the Compact of Free Association 
                Act of 1985 (48 U.S.C. 1901 note; Public Law 99-239) or 
                the Compact of Free Association set forth in section 
                201 of Public Law 99-658 (48 U.S.C. 1931 note);
                    ``(E) an alien having CNMI Resident status under 
                section 6(e)(6) of the Joint Resolution entitled `A 
                Joint Resolution to approve the Covenant To Establish a 
                Commonwealth of the Northern Mariana Islands in 
                Political Union with the United States of America, and 
                for other purposes', approved March 24, 1976 (48 U.S.C. 
                1806); or
                    ``(F) a lawful resident of one of the Freely 
                Associated States.
            ``(2) Waiver prohibited.--The requirement under paragraph 
        (1) may not be waived under--
                    ``(A) any provision of section 523 of Departments 
                of Labor, Health and Human Services, and Education, and 
                Related Agencies Appropriations Act, 2024 (Public Law 
                118-47);
                    ``(B) any of the authorities provided by any of the 
                laws referred to in subsection (b) of such section 523; 
                or
                    ``(C) any other authority provided in any law--
                            ``(i) to carry out, or participate in, a 
                        Performance Partnership Pilot (as defined in 
                        section 526(1) of the Departments of Labor, 
                        Health and Human Services, and Education, and 
                        Related Agencies Appropriations Act, 2014 (42 
                        U.S.C. 12301 note)); or
                            ``(ii) that allows additional time to 
                        operate, or participate in, a Performance 
                        Partnership Pilot site selected on or before 
                        the date of the enactment of such law.''.
    (b) Conforming Amendments.--The Higher Education Act of 1965 (20 
U.S.C. 1011 et seq.) is further amended--
            (1) in section 318(b) (20 U.S.C. 1059e(b)), by striking 
        ``section 402A(h)'' each place it appears and inserting 
        ``section 402A(i)'';
            (2) in section 371(c) (20 U.S.C. 1067q(c)), by striking 
        ``section 402A(h)'' each place it appears and inserting 
        ``section 402A(i)'';
            (3) in section 402E(g) (20 U.S.C. 1070a-15(g)), by striking 
        ``section 402A(g)'' and inserting ``section 402A(h)''; and
            (4) in section 402H (20 U.S.C. 1070a-18), by striking 
        ``section 402A(f)(4)'' each place it appears and inserting 
        ``section 402A(g)(4)''.
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