[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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