I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Investing in States 

5 to Achieve Tuition Equality for Dreamers Act of 2014’’ 

6 or ‘‘IN STATE Act of 2014’’. 


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1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) The non-partisan Congressional Budget Of5 fice found that comprehensive immigration reform 

6 would reduce the national deficit by billions, 

7 strengthen Social Security solvency, increase the 

8 number of jobs, and raise Gross Domestic Product. 

9 (2) According to a report by the Partnership 

10 for a New American Economy, in 2010 more than 

11 40 percent of Fortune 500 companies were founded 

12 by immigrants or their children, generating a com13 bined revenue of $4,200,000,000,000. 

14 (3) Thousands of deferred action childhood ar15 rival students graduate from high schools in the 

16 United States every year but only a small fraction 

17 of those students enroll in higher education. 

18 (4) Many jobs in the 21st century economy re19 quire some form of postsecondary education. 

20 (5) Education provides an important pathway 

21 to the middle class; college graduates have higher 

22 earnings and lower unemployment rates than their 

23 less educated peers. 

24 (6) Since 2008, States are spending 28 percent 

25 less per student in higher education, and tuition and 

26 fees continue to rise. The increased costs are being 


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1 shifted to students and student loan debt continues 

2 to grow. 

3 (7) Investments in higher education provide 

4 youth a ladder to achieving the American dream. 

5 (b) PURPOSES.—The purposes of this Act are to— 

6 (1) allow States to provide immigrant students 

7 timely and affordable access to higher education; 

8 (2) incentivize States to maintain support for 

9 higher education; and 

10 (3) promote increased access and affordability 

11 to postsecondary education for students through 

12 State need-based financial aid. 

13 SEC. 3. AMERICAN DREAM GRANTS. 

14 (a) IN GENERAL.—Subpart 4 of part A of title IV 

15 of the Higher Education Act of 1965 (20 U.S.C. 1070c 

16 et seq.) is amended by adding at the end the following: 

17 ‘‘SEC. 415G. AMERICAN DREAM GRANTS. 

18 ‘‘(a) DREAMER STUDENTS.— 

19 ‘‘(1) IN GENERAL.—In this section, the term 

20 ‘Dreamer student’ means an individual who— 

21 ‘‘(A) was younger than 16 years of age on 

22 the date on which the individual initially en23 tered the United States; 

24 ‘‘(B) has provided a list of each secondary 

25 school (as that term is defined in section 9101 


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1 of the Elementary and Secondary Education 

2 Act of 1965) that the student attended in the 

3 United States; and 

4 ‘‘(C)(i) has earned a high school diploma 

5 or a commensurate alternative award from a 

6 public or private high school or secondary 

7 school, has obtained a general education devel8 opment certificate recognized under State law, 

9 has obtained a high school equivalency diploma 

10 in the United States, or is scheduled to com11 plete the requirements for such a credential be12 fore the next academic year begins; 

13 ‘‘(ii) has acquired a degree from an institu14 tion of higher education or has completed not 

15 less than 2 years, in good standing, in a pro16 gram for a bachelor’s degree or higher degree 

17 in the United States; or 

18 ‘‘(iii) has served in the uniformed services 

19 for not less than 4 years and, if discharged, re20 ceived an honorable discharge. 

21 ‘‘(2) HARDSHIP EXCEPTION.—The Secretary 

22 shall issue regulations that direct when a State shall 

23 waive the requirement of subparagraph (A) or (B), 

24 or both, of paragraph (1) to qualify as a Dreamer 

25 student under paragraph (1), if the individual— 


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1 ‘‘(A) demonstrates compelling cir2 cumstances for the inability to satisfy the re3 quirement of such subparagraph (A) or (B), or 

4 both; and 

5 ‘‘(B) satisfies the requirement under sub6 paragraph (C) of paragraph (1). 

7 ‘‘(b) GRANTS TO STATES.— 

8 ‘‘(1) RESERVATION FOR ADMINISTRATION.— 

9 From the amounts appropriated to carry out this 

10 section for each fiscal year, the Secretary may re11 serve not more than 1 percent of such amounts to 

12 administer this section. 

13 ‘‘(2) GRANTS AUTHORIZED TO ELIGIBLE

14 STATES.—From the amounts appropriated to carry 

15 out this section for each fiscal year and not reserved 

16 under paragraph (1), the Secretary shall award 

17 grants to eligible States to enable the States to carry 

18 out the activities described in this section. 

19 ‘‘(3) ELIGIBILITY.—A State is eligible to re20 ceive a grant under this section if the State— 

21 ‘‘(A) increases access and affordability to 

22 higher education for students by— 

23 ‘‘(i) offering in-State tuition for 

24 Dreamer students; or 


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1 ‘‘(ii) expanding in-State financial aid 

2 to Dreamer students; and 

3 ‘‘(B) submits an application to the Sec4 retary that contains an assurance that— 

5 ‘‘(i) the State has made significant 

6 progress establishing a longitudinal data 

7 system that includes the elements de8 scribed in section 6201(e)(2)(D) of the 

9 America COMPETES Act (20 U.S.C. 

10 9871(e)(2)(D)); and 

11 ‘‘(ii) notwithstanding any other provi12 sion of law, the State will not discriminate, 

13 in awarding student financial assistance or 

14 determining who is eligible for in-State tui15 tion, against a Dreamer student if the stu16 dent would otherwise be eligible for in17 State financial aid. 

18 ‘‘(4) ALLOTMENTS.—The Secretary shall allot 

19 the amount appropriated to carry out this section 

20 for each fiscal year and not reserved under para21 graph (1) among the eligible States in proportion to 

22 the number of Dreamer students enrolled at least 

23 half-time in postsecondary education who reside in 

24 the State for the most recent fiscal year for which 

25 satisfactory data are available, compared to the 


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1 number of such students who reside in all eligible 

2 States for that fiscal year. 

3 ‘‘(c) SUPPLEMENT NOT SUPPLANT.—Grant funds 

4 awarded under this section shall be used to supplement, 

5 and not supplant, non-Federal funds that would otherwise 

6 be used for activities authorized under this section. 

7 ‘‘(d) AUTHORIZATION AND APPROPRIATION OF

8 FUNDS.—There are authorized to be appropriated, and 

9 there are appropriated, to carry out this section— 

10 ‘‘(1) $55,000,000 for fiscal year 2015; 

11 ‘‘(2) $55,000,000 for fiscal year 2016; 

12 ‘‘(3) $60,000,000 for fiscal year 2017; 

13 ‘‘(4) $60,000,000 for fiscal year 2018; 

14 ‘‘(5) $75,000,000 for fiscal year 2019; 

15 ‘‘(6) $75,000,000 for fiscal year 2020; 

16 ‘‘(7) $85,000,000 for fiscal year 2021; 

17 ‘‘(8) $85,000,000 for fiscal year 2022; 

18 ‘‘(9) $100,000,000 for fiscal year 2023; and 

19 ‘‘(10) $100,000,000 for fiscal year 2024.’’. 

20 (b) OFFSET.—Section 281 of the Immigration and 

21 Nationality Act (8 U.S.C. 1351) is amended— 

22 (1) by striking ‘‘The fees’’ and inserting the fol23 lowing: 

24 ‘‘(a) IN GENERAL.—The fees’’; 


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1 (2) by striking ‘‘: Provided, That nonimmigrant 

2 visas’’ and inserting the following: 

3 ‘‘(b) UNITED NATIONS VISITORS.—Nonimmigrant 

4 visas’’; 

5 (3) by striking ‘‘Subject to’’ and inserting the 

6 following: 

7 ‘‘(c) FEE WAIVERS OR REDUCTIONS.—Subject to’’; 

8 and 

9 (4) by adding at the end the following: 

10 ‘‘(d) F–1 VISA FEE.—In addition to the fees author11 ized under subsection (a), the Secretary of Homeland Se12 curity shall collect a $150 fee from each nonimmigrant 

13 admitted under section 101(a)(15)(F)(i), which fee shall 

14 be deposited in the general fund of the Treasury.’’. 

15 (c) RESTORATION OF STATE OPTION TO DETERMINE

16 RESIDENCY FOR PURPOSES OF HIGHER EDUCATION.— 

17 (1) REPEAL.—Section 505 of the Illegal Immi18 gration Reform and Immigrant Responsibility Act of 

19 1996 (8 U.S.C. 1623) is repealed. 

20 (2) EFFECTIVE DATE.—The repeal under para21 graph (1) shall take effect as if included in the origi22 nal enactment of the Illegal Immigration Reform 

23 and Immigrant Responsibility Act of 1996 (division 

24 C of Public Law 104–208). 


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1 (d) NATURALIZATION.—Section 328(a) (8 U.S.C. 

2 1439(a)) is amended by inserting ‘‘, without having been 

3 lawfully admitted to the United States for permanent resi4 dence, and’’ after ‘‘naturalized’’. 

Æ 


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