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 com-
mittee 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. 
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 ‘‘Investing in States 
to Achieve Tuition Equality for Dreamers Act of 2014’’ 
or ‘‘IN STATE Act of 2014’’. 
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SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The non-partisan Congressional Budget Of-
fice found that comprehensive immigration reform 
would reduce the national deficit by billions, 
strengthen Social Security solvency, increase the 
number of jobs, and raise Gross Domestic Product. 
(2) According to a report by the Partnership 
for a New American Economy, in 2010 more than 
40 percent of Fortune 500 companies were founded 
by immigrants or their children, generating a com-
bined revenue of $4,200,000,000,000. 
(3) Thousands of deferred action childhood ar-
rival students graduate from high schools in the 
United States every year but only a small fraction 
of those students enroll in higher education. 
(4) Many jobs in the 21st century economy re-
quire some form of postsecondary education. 
(5) Education provides an important pathway 
to the middle class; college graduates have higher 
earnings and lower unemployment rates than their 
less educated peers. 
(6) Since 2008, States are spending 28 percent 
less per student in higher education, and tuition and 
fees continue to rise. The increased costs are being 
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shifted to students and student loan debt continues 
to grow. 
(7) Investments in higher education provide 
youth a ladder to achieving the American dream. 
(b) PURPOSES.—The purposes of this Act are to— 
(1) allow States to provide immigrant students 
timely and affordable access to higher education; 
(2) incentivize States to maintain support for 
higher education; and 
(3) promote increased access and affordability 
to postsecondary education for students through 
State need-based financial aid. 
SEC. 3. AMERICAN DREAM GRANTS. 
(a) IN GENERAL.—Subpart 4 of part A of title IV 
of the Higher Education Act of 1965 (20 U.S.C. 1070c 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 415G. AMERICAN DREAM GRANTS. 
‘‘(a) DREAMER STUDENTS.— 
‘‘(1) IN GENERAL.—In this section, the term 
‘Dreamer student’ means an individual who— 
‘‘(A) was younger than 16 years of age on 
the date on which the individual initially en-
tered the United States; 
‘‘(B) has provided a list of each secondary 
school (as that term is defined in section 9101 
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of the Elementary and Secondary Education 
Act of 1965) that the student attended in the 
United States; and 
‘‘(C)(i) has earned a high school diploma 
or a commensurate alternative award from a 
public or private high school or secondary 
school, has obtained a general education devel-
opment certificate recognized under State law, 
has obtained a high school equivalency diploma 
in the United States, or is scheduled to com-
plete the requirements for such a credential be-
fore the next academic year begins; 
‘‘(ii) has acquired a degree from an institu-
tion of higher education or has completed not 
less than 2 years, in good standing, in a pro-
gram for a bachelor’s degree or higher degree 
in the United States; or 
‘‘(iii) has served in the uniformed services 
for not less than 4 years and, if discharged, re-
ceived an honorable discharge. 
‘‘(2) HARDSHIP
EXCEPTION.—The Secretary 
shall issue regulations that direct when a State shall 
waive the requirement of subparagraph (A) or (B), 
or both, of paragraph (1) to qualify as a Dreamer 
student under paragraph (1), if the individual— 
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‘‘(A) 
demonstrates 
compelling 
cir-
cumstances for the inability to satisfy the re-
quirement of such subparagraph (A) or (B), or 
both; and 
‘‘(B) satisfies the requirement under sub-
paragraph (C) of paragraph (1). 
‘‘(b) GRANTS TO STATES.— 
‘‘(1) RESERVATION
FOR
ADMINISTRATION.— 
From the amounts appropriated to carry out this 
section for each fiscal year, the Secretary may re-
serve not more than 1 percent of such amounts to 
administer this section. 
‘‘(2) 
GRANTS
AUTHORIZED
TO
ELIGIBLE 
STATES.—From the amounts appropriated to carry 
out this section for each fiscal year and not reserved 
under paragraph (1), the Secretary shall award 
grants to eligible States to enable the States to carry 
out the activities described in this section. 
‘‘(3) ELIGIBILITY.—A State is eligible to re-
ceive a grant under this section if the State— 
‘‘(A) increases access and affordability to 
higher education for students by— 
‘‘(i) offering in-State tuition for 
Dreamer students; or 
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‘‘(ii) expanding in-State financial aid 
to Dreamer students; and 
‘‘(B) submits an application to the Sec-
retary that contains an assurance that— 
‘‘(i) the State has made significant 
progress establishing a longitudinal data 
system that includes the elements de-
scribed in section 6201(e)(2)(D) of the 
America COMPETES Act (20 U.S.C. 
9871(e)(2)(D)); and 
‘‘(ii) notwithstanding any other provi-
sion of law, the State will not discriminate, 
in awarding student financial assistance or 
determining who is eligible for in-State tui-
tion, against a Dreamer student if the stu-
dent would otherwise be eligible for in- 
State financial aid. 
‘‘(4) ALLOTMENTS.—The Secretary shall allot 
the amount appropriated to carry out this section 
for each fiscal year and not reserved under para-
graph (1) among the eligible States in proportion to 
the number of Dreamer students enrolled at least 
half-time in postsecondary education who reside in 
the State for the most recent fiscal year for which 
satisfactory data are available, compared to the 
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number of such students who reside in all eligible 
States for that fiscal year. 
‘‘(c) SUPPLEMENT NOT SUPPLANT.—Grant funds 
awarded under this section shall be used to supplement, 
and not supplant, non-Federal funds that would otherwise 
be used for activities authorized under this section. 
‘‘(d) AUTHORIZATION
AND
APPROPRIATION
OF 
FUNDS.—There are authorized to be appropriated, and 
there are appropriated, to carry out this section— 
‘‘(1) $55,000,000 for fiscal year 2015; 
‘‘(2) $55,000,000 for fiscal year 2016; 
‘‘(3) $60,000,000 for fiscal year 2017; 
‘‘(4) $60,000,000 for fiscal year 2018; 
‘‘(5) $75,000,000 for fiscal year 2019; 
‘‘(6) $75,000,000 for fiscal year 2020; 
‘‘(7) $85,000,000 for fiscal year 2021; 
‘‘(8) $85,000,000 for fiscal year 2022; 
‘‘(9) $100,000,000 for fiscal year 2023; and 
‘‘(10) $100,000,000 for fiscal year 2024.’’. 
(b) OFFSET.—Section 281 of the Immigration and 
Nationality Act (8 U.S.C. 1351) is amended— 
(1) by striking ‘‘The fees’’ and inserting the fol-
lowing: 
‘‘(a) IN GENERAL.—The fees’’; 
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(2) by striking ‘‘: Provided, That nonimmigrant 
visas’’ and inserting the following: 
‘‘(b) UNITED NATIONS VISITORS.—Nonimmigrant 
visas’’; 
(3) by striking ‘‘Subject to’’ and inserting the 
following: 
‘‘(c) FEE WAIVERS OR REDUCTIONS.—Subject to’’; 
and 
(4) by adding at the end the following: 
‘‘(d) F–1 VISA FEE.—In addition to the fees author-
ized under subsection (a), the Secretary of Homeland Se-
curity shall collect a $150 fee from each nonimmigrant 
admitted under section 101(a)(15)(F)(i), which fee shall 
be deposited in the general fund of the Treasury.’’. 
(c) RESTORATION OF STATE OPTION TO DETERMINE 
RESIDENCY FOR PURPOSES OF HIGHER EDUCATION.— 
(1) REPEAL.—Section 505 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1623) is repealed. 
(2) EFFECTIVE DATE.—The repeal under para-
graph (1) shall take effect as if included in the origi-
nal enactment of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (division 
C of Public Law 104–208). 
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(d) NATURALIZATION.—Section 328(a) (8 U.S.C. 
1439(a)) is amended by inserting ‘‘, without having been 
lawfully admitted to the United States for permanent resi-
dence, and’’ after ‘‘naturalized’’. 
Æ 
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