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Code · BILL · 116th Congress · H.R. 4674 (Introduced in House) — To amend and strengthen the Higher Education Act of 1965 to lower the cost of college for students and families, to h... · Sec. 4604

Sec. 4604. Student eligibility

954 words·~4 min read·/bill/116/hr/4674/ih/section-4604·

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Section 484(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(a) ) is amended to read as follows: In order to receive any grant, loan, or work assistance under this title, a student must— be enrolled or accepted for enrollment in a degree, certificate, or other program (including a program of study abroad approved for credit by the eligible institution at which such student is enrolled) leading to a recognized educational credential at an institution of higher education that is an eligible institution in accordance with the provisions of section 487, except as provided in subsections (b)(3) and (b)(4), and not be enrolled in an elementary or secondary school; if the student is presently enrolled at an institution, be maintaining satisfactory progress in the course of study the student is pursuing in accordance with the provisions of subsection (c); not owe a refund on grants previously received at any institution under this title, or be in default on any loan from a student loan fund at any institution provided for in part E, or a loan made, insured, or guaranteed by the Secretary under this title for attendance at any institution; file with the Secretary, as part of the original financial aid application process, a certification, which need not be notarized, but which shall include— a statement of educational purpose stating that the money attributable to such grant, loan, or loan guarantee will be used solely for expenses related to attendance or continued attendance at such institution; and such student's social security number; and if the student has been convicted of, or has pled nolo contendere or guilty to, a crime involving fraud in obtaining funds under this title, have completed the repayment of such funds to the Secretary, or to the holder in the case of a loan under this title obtained by fraud.
In order to receive any grant, loan, or work assistance under this title, or any service provided pursuant to a program or project funded under this title, a student must— be a citizen, national, or permanent resident of the United States; be able to provide evidence from the Department of Homeland Security that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident; have temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ); or be a Dreamer student, as defined in subsection (q).
Subparagraph
(A)shall not be construed to affect eligibility for participation in projects funded under chapter 2 of subpart 2 of part A or section 418A(b). . Section 484 of the Higher Education Act of 1965 ( 20 U.S.C. 1091 ) is further amended— by repealing subsection (n); and by redesignating subsections
(o)through
(q)as subsections
(n)through (p), respectively. Section 484 of the Higher Education Act of 1965 ( 20 U.S.C. 1091 ), as amended by subsection (b), is further amended by adding at the end the following: In this section, the term Dreamer student means an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(3) ) who— was younger than 16 years of age on the date on which the alien initially entered the United States and— has earned a high school diploma, the recognized equivalent of such diploma from a secondary school, or a high school equivalency diploma in the United States, or is scheduled to complete the requirements for such a diploma or equivalent before the next academic year begins; is enrolled in an institution of higher education pursuant to subsection (d); or has served in the uniformed services, as defined in section 101 of title 10, United States Code, for not less than 4 years and, if discharged, received an honorable discharge; or would have been eligible, if the memorandum were fully in effect since the date issued, for a grant of deferred action pursuant to the directive in the November 20, 2014, memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents to establish a process for exercising prosecutorial discretion through the use of deferred action for individuals who, among other qualifications, had a son or daughter who was a United States citizen or lawful permanent resident on such date. The Secretary shall issue regulations that direct when the Department shall waive the age requirement of paragraph (1)(A) for an individual to qualify as a Dreamer student under such paragraph, if the individual demonstrates, through documentation presented to the Secretary of substantial economic or personal hardship, that deprivation of the requested benefit under this title would represent a substantial hardship. . Subsection
(r)of section 484 of the Higher Education Act of 1965 ( 20 U.S.C. 1091(r) ) is repealed. The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.) is amended— in section 102(a)(2)(A)(i)(I), by striking 484(a)(5) and inserting 484(a)(2) ; in section 419N(b)(7)(B)(ii), by striking 484(a)(5) and inserting 484(a)(2) ; in section 484(c), by striking subsection (a)(2) each place it appears and inserting subsection (a)(1)(B) ; in section 484(g)— by striking subsection (a)(5) and inserting subsection (a)(2) ; and by striking Immigration and Naturalization Service each place it appears in paragraph (4)(B)(i) and inserting Department of Homeland Security ; in section 484(h), by striking Immigration and Naturalization Service each place it appears and inserting Department of Homeland Security ; in section 484(o), as so redesignated, by striking subsection (a)(4) and inserting subsection (a)(1)(D) ; and in section 485(a)(1)(K), by striking 484(a)(2) and inserting 484(a)(1)(B) .
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