[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Page S4462]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 452. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle D of title V, insert the following:

     SEC. __. IN-STATE TUITION RATES FOR CERTAIN MEMBERS OF THE 
                   ARMED FORCES IN ACTIVE SERVICE, SPOUSES, AND 
                   DEPENDENT CHILDREN.

       (a) In General.--Section 135 of the Higher Education Act of 
     1965 (20 U.S.C. 1015d) is amended to read as follows:

     ``SEC. 135. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED 
                   FORCES IN ACTIVE SERVICE, SPOUSES, AND 
                   DEPENDENT CHILDREN.

       ``(a) Requirement.--Each State that receives assistance 
     under this Act shall not charge a member of the armed forces 
     (or the spouse or dependent child of such member) tuition for 
     attendance at a public institution of higher education in the 
     State at a rate that is greater than the rate charged for 
     residents of the State, if the member of the armed forces--
       ``(1) is serving on active service, as defined in section 
     101 of title 10, United States Code, and has served on active 
     service for a period of not less than 10 years; and
       ``(2) has been stationed in the State--
       ``(A) for any of the 3 most recent tours of duty of the 
     member; or
       ``(B) for any of the 3 longest tours of duty of the member.
       ``(b) Continuation.--If an individual who is a member of 
     the armed forces, or the spouse or dependent child of such 
     member, pays tuition at a public institution of higher 
     education in a State at a rate determined by subsection (a), 
     the provisions of such subsection shall continue to apply to 
     such member, spouse, or dependent, with respect to any State 
     for which the member met the requirements of paragraph (a)(2) 
     and without regard to any subsequent change in the permanent 
     duty station or the retirement of the member, while such 
     member, spouse or dependent--
       ``(1) is continuously enrolled at such institution; or
       ``(2)(A) transfers to another public institution of higher 
     education during the same academic year or the immediately 
     following academic year, if the institution is located in a 
     State where the member has been stationed as described in 
     subsection (a)(2); and
       ``(B) is continuously enrolled at such institution.
       ``(c) Applicability.--This section shall take effect at 
     each public institution of higher education in a State that 
     receives assistance under this Act for each period of 
     enrollment at such institution that begins after July 1, 
     2018.
       ``(d) Definitions.--In this section:
       ``(1) Active service for a period of more than 30 days.--
     The term `active service for a period of more than 30 days' 
     means active service, as defined in section 101 of title 10, 
     United States Code, under a call or order that does not 
     specify a period of 30 days or less.
       ``(2) Armed forces.--The terms `armed forces' has the 
     meaning given the term in section 101 of title 10, United 
     States Code.''.
       (b) Effective Date.--Subsection (a), and the amendment made 
     by subsection (a), shall take effect on July 1, 2018.
                                 ______