I 
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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Students 
First Act’’. 
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SEC. 2. ELIGIBILITY FOR PARTICIPATION IN FEDERAL TRIO 
PROGRAMS. 
(a) ELIGIBILITY.—Section 402A of the Higher Edu-
cation 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 fol-
lowing: 
‘‘(f) 
CITIZENSHIP
AND
RESIDENCY
REQUIRE-
MENTS.— 
‘‘(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 perma-
nent 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 pur-
pose and who is able to provide evidence from 
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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 Associ-
ated States lawfully residing in the United 
States in accordance with the Compact of Free 
Association set forth in section 201 of the Com-
pact 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 sec-
tion 201 of Public Law 99–658 (48 U.S.C. 
1931 note); 
‘‘(E) an alien having CNMI Resident sta-
tus under section 6(e)(6) of the Joint Resolu-
tion 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— 
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‘‘(A) any provision of section 523 of De-
partments of Labor, Health and Human Serv-
ices, and Education, and Related Agencies Ap-
propriations 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 Appro-
priations Act, 2014 (42 U.S.C. 12301 
note)); or 
‘‘(ii) that allows additional time to op-
erate, 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 Edu-
cation Act of 1965 (20 U.S.C. 1011 et seq.) is further 
amended— 
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(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)’’. 
Æ 
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