I 
110TH CONGRESS 
2D SESSION 
H. R. 7107 
To require, as a condition of participation in the programs under title IV 
of the Higher Education Act of 1965, public institutions of higher edu-
cation to charge dependent children of members of the Armed Forces 
a rate of tuition equal to the rate of tuition charged to in-State residents. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 25, 2008 
Mr. SMITH of New Jersey introduced the following bill; which was referred 
to the Committee on Education and Labor 
A BILL 
To require, as a condition of participation in the programs 
under title IV of the Higher Education Act of 1965, 
public institutions of higher education to charge depend-
ent children of members of the Armed Forces a rate 
of tuition equal to the rate of tuition charged to in- 
State residents. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. IN-STATE TUITION RATE FOR DEPENDENT 
CHILDREN OF MEMBERS OF THE ARMED 
FORCES. 
(a) AMENDMENT.—Section 487(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1094(a)) is amended 
by adding at the end the following new paragraph: 
‘‘(30)(A) In the case of a public institution of 
higher education, the institution will charge a de-
pendent military child tuition at the same rate as 
the rate of tuition that the institution charges to 
residents of the State in which the institution is lo-
cated. 
‘‘(B) For the purposes of this paragraph— 
‘‘(i) the term ‘dependent military child’ 
means an individual who— 
‘‘(I) is an unmarried child of a mem-
ber of the Armed Forces (including an un-
married dependent stepchild or adopted 
child); and 
‘‘(II) is under 26 years of age at the 
beginning of the first academic year for 
which the individual is charged tuition in 
accordance with this paragraph; and 
‘‘(ii) the term ‘member of the Armed 
Forces’— 
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‘‘(I) includes a member of a reserve 
component of the Armed Forces named in 
section 10101 of title 10, United States 
Code; and 
‘‘(II) does not include a former mem-
ber of the Armed Forces. 
‘‘(C) Notwithstanding subparagraph (B)(ii)(II), 
any individual who— 
‘‘(i) is charged tuition as a dependent mili-
tary child in accordance with this paragraph for 
an academic year; and 
‘‘(ii) in the subsequent year fails to meet 
the requirements of subparagraph (B)(i) be-
cause the individual’s parent who was a mem-
ber of the Armed Forces has become a former 
member of the Armed Forces, 
shall continue to be charged tuition as a dependent 
military child in accordance with this paragraph for 
the period required to complete the program of 
study in which the individual is enrolled (as deter-
mined by the institution at which the individual is 
enrolled).’’. 
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(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall be effective for academic years begin-
ning after the date of the enactment of this Act. 
Æ 
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