To amend title 10, United States Code, to require a State to charge in-State tuition rates to active-duty members of the Armed Forces domiciled or stationed on active duty in that State and to the dependents of such members.

January 4, 2005

Mr. SCOTT of Georgia introduced the following bill; which was referred to the Committee on Armed Services

To amend title 10, United States Code, to require a State to charge in-State tuition rates to active-duty members of the Armed Forces domiciled or stationed on active duty in that State and to the dependents of such members.

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 `Military In-State Tuition Act of 2005'.

SEC. 2. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY AND DEPENDENTS.

(a) In General- (1) Chapter 49 of title 10, United States Code, is amended by inserting after section 982 the following new section

`Sec. 982a. In-State tuition rates

`(a) Requirement- A member of the armed forces on active duty for a period of more than 30 days whose domicile or permanent duty station is in a State, and the dependents of such a member, may not be charged tuition for attendance at a public institution of higher education in that State at a rate that is greater than the rate charged for residents of that State.

`(b) Continuation- If a member of the armed forces, or a dependent of a member, pays tuition at a public institution of higher education in a State at a rate determined by reason of subsection (a), the provisions of subsection (a) shall continue to apply to such member or dependent while continuously enrolled at that institution, notwithstanding a subsequent change in permanent duty station of the member to a location outside the State.

`(c) State Defined- In this section, the term `State' has the meaning given that term in section 982 of this title.'.

(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 982 the following new item:

`982a. In-State tuition rates.'.

(b) Effective Date- Section 982a of title 10, United States Code, as added by subsection (a)(1), shall take effect with respect to tuition payments required to be paid for periods beginning on or after August 1, 2006.

END