[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2036 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2036
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 SENATE OF THE UNITED STATES
June 11, 2025
Mr. Banks introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
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 ``Putting 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(a)(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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