S.Amdt. 1460

1. Inserts new text at the end of section 2103

   Inserts

   In S. 744 · Reported to Senate

   (3) Services under such title IV (20 U.S.C. 1070 et seq.), subject to the requirements for such services.

   Inserted: (g) DREAMER Access Grants.--

   Inserted: (1) 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:

   Inserted: "SEC. 415G. DREAMER ACCESS GRANTS.

   Inserted: "(a) Purpose.--The purpose of this section is to provide grants to eligible States for the following:

   Inserted: "(1) To promote increased access and affordability for DREAM Act students.

   Inserted: "(2) To discourage legal discrimination against DREAM Act students.

   Inserted: "(b) DREAM Act Students.--In this section, the term 'DREAM Act student' means an individual who is a registered provisional immigrant who meets the requirements of clauses (ii) and (iii) of section 245D(b)(1)(A) of the Immigration and Nationality Act.

   Inserted: "(c) Grants to States.--

   Inserted: "(1) Reservation for administration.--From the amounts appropriated to carry out this section for each fiscal year, the Secretary may reserve not more than 1 percent of such amounts to administer this section.

   Inserted: "(2) Grants authorized.--

   Inserted: "(A) In general.--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 for DREAM Act students.

   Inserted: "(B) Submission and contents of applications.--A State that desires to obtain a grant payment under this section for any fiscal year shall submit annually an application that shall contain such information as may be required by, or pursuant to, regulation for the purpose of enabling the Secretary to make the determinations required under this section.

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   Inserted: "(C) Payment of federal share of grants made by qualified program.--From a State's allotment under this section for any fiscal year the Secretary is authorized to make payments to such State for paying up to 50 percent of the amount of student grants pursuant to a State program which--

   Inserted: "(i) is administered by a single State agency;

   Inserted: "(ii) provides that such grants will be in amounts not to exceed the lesser of $12,500 or the student's cost of attendance per academic year--

   Inserted: "(I) for attendance on a full-time basis at an institution of higher education; and

   Inserted: "(II) for campus-based community service work learning study jobs;

   Inserted: "(iii) provides that--

   Inserted: "(I) not more than 20 percent of the allotment to the State for each fiscal year may be used for the purpose described in clause (ii)(II);

   Inserted: "(II) grants for the campus-based community work learning study jobs may be made only to students who are otherwise eligible for assistance under this section; and

   Inserted: "(III) grants for such jobs be made in accordance with the provisions of section 443(b)(1);

   Inserted: "(iv) provides for the selection of recipients of such grants or of such State work-study jobs on the basis of substantial financial need determined annually on the basis of criteria established by the State and approved by the Secretary, except that for the purpose of collecting data to make such determination of financial need, no student or parent shall be charged a fee that is payable to an entity other than such State;

   Inserted: "(v) provides that all nonprofit institutions of higher education in the State are eligible to participate in the State program, except in any State in which participation of nonprofit institutions of higher education is in violation of the constitution of the State or in any State in which participation of nonprofit institutions of higher education is in violation of a statute of the State which was enacted prior to October 1, 1978;

   Inserted: "(vi) provides for the payment of the non-Federal portion of such grants or of such work-study jobs from funds supplied by such State which represent an additional expenditure for such year by such State for grants or work-study jobs for students attending institutions of higher education over the amount expended by such State for such grants or work-study jobs, if any, during the second fiscal year preceding the fiscal year in which such State initially received funds under this section;

   Inserted: "(vii) provides that if the State's allocation under this section is based in part on the financial need demonstrated by students who are independent students or attending the institution less than full time, a reasonable proportion of the State's allocation shall be made available to such students;

   Inserted: "(viii) provides for State expenditures under such program of an amount not less than the average annual aggregate expenditures for the preceding three fiscal years or the average annual expenditure per full-time equivalent student for such years;

   Inserted: "(ix) provides--

   Inserted: "(I) for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the State agency under this section; and

   Inserted: "(II) for the making of such reports, in such form and containing such information, as may be reasonably necessary to enable the Secretary to perform the Secretary's functions under this section;

   Inserted: "(x) provides the non-Federal share of the amount of student grants or work-study jobs under this section through State funds for the program under this section; and

   Inserted: "(xi) provides notification to eligible students that such grants are funded by the Federal Government, the State, and, where applicable, other contributing partners.

   Inserted: "(D) Reservation and disbursement of allotments and reallotments.--Upon the Secretary's approval of any application for a payment under this section, the Secretary shall reserve from the applicable allotment (including any applicable reallotment) available therefor, the amount of such payment, which (subject to the limits of such allotment or reallotment) shall be equal to the Federal share of the cost of the students' incentive grants or work-study jobs covered by such application. The Secretary shall pay such reserved amount, in advance or by way of reimbursement, and in such installments as the Secretary may determine. The Secretary may amend the reservation of any amount under this section, either upon approval of an amendment of the application or upon revision of the estimated cost of the student grants or work-study jobs with respect to which such reservation was made. If the Secretary approves an upward revision of such estimated cost, the Secretary may reserve the Federal share of the added cost only from the applicable allotment (or reallotment) available at the time of such approval.

   Inserted: "(3) Eligible states.--A State is eligible to receive a grant under this section if the State--

   Inserted: "(A) increases access and affordability to higher education for DREAM Act students by--

   Inserted: "(i) offering in-state tuition for DREAM Act students; or

   Inserted: "(ii) expanding in-state financial aid to DREAM Act students; and

   Inserted: "(B) submits an application to the Secretary that contains an assurance that the State has made significant progress establishing a longitudinal data system that includes the elements described in section 6201(e)(2)(D) of the America COMPETES Act (20 U.S.C. 9871(e)(2)(D)).

   Inserted: "(4) Allotments.--The Secretary shall allot the amount appropriated to carry out this section for each fiscal year and not reserved under paragraph (1) among the eligible States in proportion to the number of DREAM Act 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 number of such students who reside in all eligible States for that fiscal year.

   Inserted: "(d) 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.

   Inserted: "(e) Authorization and Appropriation of Funds.--There are authorized to be appropriated, and there are appropriated, to carry out this section--

   Inserted: "(1) $55,000,000 for fiscal year 2014;

   Inserted: "(2) $55,000,000 for fiscal year 2015;

   Inserted: "(3) $60,000,000 for fiscal year 2016;

   Inserted: "(4) $60,000,000 for fiscal years 2017;

   Inserted: "(5) $75,000,000 for fiscal years 2018;

   Inserted: "(6) $75,000,000 for fiscal years 2019;

   Inserted: "(7) $85,000,000 for fiscal years 2020;

   Inserted: "(8) $85,000,000 for fiscal years 2021;

   Inserted: "(9) $100,000,000 for fiscal years 2022; and

   Inserted: "(10) $100,000,000 for fiscal years 2023.".

   Inserted: (2) Offset.--Section 281(f)(1) (8 U.S.C. 1351(f)(1)), as added by section 4409, is further amended by adding at the end the following: "In addition to the fees authorized under subsection (a) and the preceding sentence, the Secretary of Homeland Security 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.".

   Original wording

   Section 2103 is amended by adding at the end the following:

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As printed