[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9542 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9542

  To amend the Higher Education Act of 1965 to ensure fairness in the 
 award of in-State tuition at public institutions of higher education 
for members of qualifying Federal services changing duty locations and 
     their spouses and dependent children, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                           December 14, 2022

 Mr. Crow (for himself and Mrs. Miller-Meeks) introduced the following 
    bill; which was referred to the Committee on Education and Labor

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                                 A BILL


 
  To amend the Higher Education Act of 1965 to ensure fairness in the 
 award of in-State tuition at public institutions of higher education 
for members of qualifying Federal services changing duty locations and 
     their spouses and dependent children, 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 ``Higher Education Access for Military 
Dependents Act''.

SEC. 2. IN-STATE TUITION RATES FOR MEMBERS OF QUALIFYING FEDERAL 
              SERVICES, SPOUSES, AND DEPENDENT CHILDREN.

    (a) In General.--Section 135 of the Higher Education Act of 1965 
(20 U.S.C. 1015d), as amended by section 6206 of the National Defense 
Authorization Act for Fiscal Year 2022 (Public Law 117-81), is 
amended--
            (1) in subsection (b)--
                    (A) by striking ``while continuously enrolled at 
                that institution'' inserting ``while continuously 
                enrolled at that institution in the same course of 
                study for which such rate was determined''; and
                    (B) by adding at the end the following: ``Each 
                institution of higher education subject to this section 
                shall ensure that the terms and conditions of 
                continuation under this subsection are made available 
                on a publicly accessible website of the institution in 
                a clear and conspicuous format.'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (3) by inserting after subsection (b) the following:
    ``(c) Effect of Transfer Prior to Attendance.--
            ``(1) In general.--In the case of a member of a qualifying 
        Federal service (or the spouse or dependent child of such a 
        member) who is accepted for enrollment at a public institution 
        of higher education in a State and who meets the requirements 
        of paragraph (2), the provisions of subsections (a) and (b) 
        shall apply to such member, spouse, or dependent (as the case 
        may be) notwithstanding a change in the permanent duty station 
        of the member to a location outside such State prior to the 
        member's, spouse's, or dependent's initial date of attendance 
        at such institution.
            ``(2) Requirements.--
                    ``(A) Member requirements.--A member of a 
                qualifying Federal service meets the requirements of 
                this subsection if--
                            ``(i) the member is accepted for enrollment 
                        at a public institution of higher education in 
                        a State (regardless of the location at which 
                        such member is domiciled or stationed at the 
                        time of application to such institution); and
                            ``(ii) the domicile or permanent duty 
                        station of such member was in such State for a 
                        period of more than 30 days at any time during 
                        the period of one year preceding that member's 
                        initial date of attendance at such institution.
                    ``(B) Spouse and dependent requirements.--A spouse 
                or dependent child of a member of a qualifying Federal 
                service meets the requirements of this subsection if--
                            ``(i) the spouse or dependent child is 
                        accepted for enrollment at a public institution 
                        of higher education in a State (regardless of 
                        the location at which such member is domiciled 
                        or stationed at the time of the spouse's or 
                        dependent child's application to such 
                        institution); and
                            ``(ii) the domicile or permanent duty 
                        station of the member of a qualifying Federal 
                        service who is the spouse or parent of the 
                        individual described in clause (i) was in such 
                        State for a period of more than 30 days at any 
                        time during the period of one year preceding 
                        that individual's initial date of attendance at 
                        such institution.
            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed to limit the authority of a State or public 
        institution of higher education to a provide a tuition benefit 
        to a member of a qualifying Federal service (or the spouse or 
        dependent child of such a member) on terms that are less 
        restrictive than the terms specified in this subsection.''.
    (b) Effective Date and Applicability.--The amendments made by 
subsection (a) shall take effect immediately after the coming into 
effect of the amendments made by section 6206 of the National Defense 
Authorization Act for Fiscal Year 2022 (Public Law 117-81) and shall 
apply as provided by subsection (b) of that section.
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