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Title 20 — Education

Part C · Chapter 28 — Higher Education Resources and Student Assistance

§ 1015d. In-State tuition rates for members of qualifying Federal service

Statutory text

(a)

Requirement

In the case of a member of a qualifying Federal service whose domicile or permanent duty station is in a State that receives assistance under this chapter, such State shall not charge such member (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.

(b)

Continuation

If a member of a qualifying Federal service (or the spouse or dependent child of a member) pays tuition at a public institution of higher education in a State at a rate determined by subsection (a), the provisions of subsection (a) shall continue to apply to such member, spouse, or dependent while continuously enrolled at that institution, notwithstanding a subsequent change in the permanent duty station of the member to a location outside the State.

(c)

Effective date

This section shall take effect at each public institution of higher education in a State that receives assistance under this chapter for the first period of enrollment at such institution that begins after .

(d)

Definitions

In this section, the term “member of a qualifying Federal service” means—

(1)

a member of the armed forces (as defined in section 101 of title 10) who is on active duty for a period of more than 30 days (as defined in section 101 of title 10);

(2)

a member of the Foreign Service (as defined in section 3903 of title 22) who is on active duty for a period of more than 30 days; or

(3)

an officer or employee of an element of the intelligence community (as such term is defined in section 3003 of title 50) who serves in a position of employment in such element for a period of more than 30 days.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Higher Education Act of 1965

    Pub. L. 89–329 title I § 135 · 79 Stat. 1219

    Enacted · 20 U.S.C. § 1015d

    Pub. L. 89–329, title I, § 135, as added Pub. L. 110–315, title I, § 114, Aug. 14, 2008, 122 Stat. 3111

    Source evidence

    Code source credit
    Pub. L. 89–329, title I, § 135, as added Pub. L. 110–315, title I, § 114, Aug. 14, 2008, 122 Stat. 3111

  2. Foreign Service Families Act of 2021

    Pub. L. 117–81 § 6206(a)(1) · 135 Stat. 1541

    Substituted · 20 U.S.C. § 1015d

    Pub. L. 117–81, § 6206(a)(1), substituted “qualifying Federal service” for “the armed forces on active duty, spouses, and dependent children” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 117–81, § 6206(a)(1), substituted “qualifying Federal service” for “the armed forces on active duty, spouses, and dependent children” in section catchline.

    Enacted provision · exact public law section
    (1) in the section heading, by striking “the armed forces on active duty, spouses, and dependent children” and inserting “qualifying federal service”;

  3. Foreign Service Families Act of 2021

    Pub. L. 117–81 § 6206(a)(2) · 135 Stat. 1541

    Substituted · 20 U.S.C. § 1015d(a)

    Pub. L. 117–81, § 6206(a)(2), substituted “member of a qualifying Federal service” for “member of the armed forces who is on active duty for a period of more than 30 days and”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–81, § 6206(a)(2), substituted “member of a qualifying Federal service” for “member of the armed forces who is on active duty for a period of more than 30 days and”.

    Enacted provision · exact public law section
    (2) in subsection (a), by striking “member of the armed forces who is on active duty for a period of more than 30 days and” and inserting “member of a qualifying Federal service”;

  4. Foreign Service Families Act of 2021

    Pub. L. 117–81 § 6206(a)(3) · 135 Stat. 1541

    Substituted · 20 U.S.C. § 1015d(b)

    Pub. L. 117–81, § 6206(a)(3), substituted “member of a qualifying Federal service” for “member of the armed forces”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 117–81, § 6206(a)(3), substituted “member of a qualifying Federal service” for “member of the armed forces”.

    Enacted provision · exact public law section
    (3) in subsection (b), by striking “member of the armed forces” and inserting “member of a qualifying Federal service”; and

  5. Foreign Service Families Act of 2021

    Pub. L. 117–81 § 6206(a)(4) · 135 Stat. 1541

    1. Added · 20 U.S.C. § 1015d(d)

      Pub. L. 117–81, § 6206(a)(4), added subsec. (d)

    2. Struck · 20 U.S.C. § 1015d(d)

      Pub. L. 117–81, § 6206(a)(4), struck out former subsec. (d). Prior to amendment, text read as follows: “In this section, the terms ‘armed forces’ and ‘active duty for a period of more than 30 days’ have the meanings given those terms in section 101 of title 10.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 117–81, § 6206(a)(4), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “In this section, the terms ‘armed forces’ and ‘active duty for a period of more than 30 days’ have the meanings given those terms in section 101 of title 10.”

    Enacted provision · exact public law section
    (4) by striking subsection (d) and inserting the following: “(d) Definitions.— In this section, the term ‘member of a qualifying Federal service’ means— “(1) a member of the armed forces (as defined in section 101 of title 10, United States Code) who is on active duty for a period of more than 30 days (as defined in section 101 of title 10, United States Code); or “(2) a member of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) who is on active duty for a period of more than 30 days.” .

  6. Intelligence Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 div. G title III § 7316(a) · 137 Stat. 136

    Added · 20 U.S.C. § 1015d(d)(3)

    Pub. L. 118–31 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 118–31 added par. (3).

    Enacted provision · exact public law section
    (a) In General.— Section 135(d) of the Higher Education Act of 1965 (20 U.S.C. 1015d(d)), as amended by section 6206(a)(4) of the Foreign Service Families Act of 2021 (Public Law 117–81), 135 Stat. 2392. is further amended— (1) in paragraph (1), by striking “or” after the semicolon; (2) in paragraph (2), by striking the period at the end and inserting “; or”; and (3) by adding at the end the following new paragraph: “(3) an officer or employee of an element of the intelligence community (as such term is defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) who serves in a position of employment in such element for a period of more than 30 days.” .

    Effective date note
    Pub. L. 118–31, div. G, title III, § 7316(b), Dec. 22, 2023, 137 Stat. 1033, provided that: “The amendments made by subsection (a) [amending this section] shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the first period of enrollment at such institution that begins after July 1, 2024.”

6 of 7 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 1015d, Pub. L. 89–329, title I, § 135, as added Pub. L. 102–325, title I, § 101, , 106 Stat. 466, required grant recipients to submit reports, prior to the general amendment of this subchapter by Pub. L. 105–244.

Amendments2021–2023 · 2 rounds

2023

Subsec. (d)(3). Pub. L. 118–31 added par. (3).

2021

Pub. L. 117–81, § 6206(a)(1), substituted “qualifying Federal service” for “the armed forces on active duty, spouses, and dependent children” in section catchline.

Subsec. (a). Pub. L. 117–81, § 6206(a)(2), substituted “member of a qualifying Federal service” for “member of the armed forces who is on active duty for a period of more than 30 days and”.

Subsec. (b). Pub. L. 117–81, § 6206(a)(3), substituted “member of a qualifying Federal service” for “member of the armed forces”.

Subsec. (d). Pub. L. 117–81, § 6206(a)(4), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “In this section, the terms ‘armed forces’ and ‘active duty for a period of more than 30 days’ have the meanings given those terms in section 101 of title 10.”

Statutory Notes and Related Subsidiaries

Effective Date of 2023 Amendment

Pub. L. 118–31, div. G, title III, § 7316(b), , 137 Stat. 1033, provided that: “The amendments made by subsection (a) [amending this section] shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the first period of enrollment at such institution that begins after .”

Effective Date of 2021 Amendment

Pub. L. 117–81, div. F, title LXII, § 6206(b), , 135 Stat. 2392, provided that: “The amendments made by subsection (a) [amending this section] shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the first period of enrollment at such institution that begins after .”

Credits

2008–2023 · 3 acts
  1. 2008Pub. L. 89–329, title I, § 135, as added Pub. L. 110–315, title I, § 114, , 122 Stat. 3111
  2. 2021amended Pub. L. 117–81, div. F, title LXII, § 6206(a), , 135 Stat. 2392
  3. 2023Pub. L. 118–31, div. G, title III, § 7316(a), , 137 Stat. 1032.
Show as published

(Pub. L. 89–329, title I, § 135, as added Pub. L. 110–315, title I, § 114, , 122 Stat. 3111; amended Pub. L. 117–81, div. F, title LXII, § 6206(a), , 135 Stat. 2392; Pub. L. 118–31, div. G, title III, § 7316(a), , 137 Stat. 1032.)

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