119th Congress (2025-2026)

S 2036

Putting American Students First Act

Introduced

Jurisdiction

US Congress

Session

119th Congress (2025-2026)

Official source

Chamber

Senate

Session

119th Congress (2025-2026)

Jurisdiction

US Congress

Bill overview

The Putting American Students First Act amends the Higher Education Act of 1965 to establish stricter requirements for participation in Federal TRIO programs. Specifically, it mandates that individuals receiving TRIO assistance must be U.S. citizens, lawful permanent residents, or certain Freely Associated States citizens and residents. Waivers for these requirements are largely prohibited, except in limited circumstances. The bill also makes technical changes to related sections of the Higher Education Act.

Key provisions

Requires individuals participating in Federal TRIO programs to be U.S. citizens, lawful permanent residents, or certain Freely Associated States citizens and residents.
Excludes waivers for these requirements, with limited exceptions.
Redesigns and amends existing subsections within Section 402A of the Higher Education Act.
Makes conforming amendments to sections 318, 371, 402E, and 402H of the Higher Education Act.
Specifically addresses eligibility for citizens of Freely Associated States and residents of the Commonwealth of the Northern Mariana Islands.
Prohibits waivers related to Performance Partnership Pilot programs.

Who is affected

Students participating in Federal TRIO programs
Federal TRIO programs
U.S. Citizens
Lawful Permanent Residents
Freely Associated States citizens and residents

Notable changes

Introduces residency and citizenship requirements for TRIO participants.

Positions across the country

No public positions recorded for this legislation.

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Arguments opposed

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Legislative history

2025-06-11Senate

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

2025-06-11

Introduced in Senate

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Jun 11, 2025XMLView source

119th CONGRESS — 1st Session

S. 2036

IN THE SENATE OF THE UNITED STATES

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.

1.Short title

This Act may be cited as the

Putting American Students First Act

2.Eligibility for participation in Federal TRIO programs

(a)EligibilitySection 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 prohibitedThe 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 amendmentsThe 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).

S 2036

Bill overview

Key provisions

Who is affected

Notable changes

Sponsors

Primary sponsor

Positions across the country

Arguments in favor

Arguments opposed

Bill text

Positions across the country