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
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.
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.
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 .
Definitions
In this section, the term “member of a qualifying Federal service” means—
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);
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
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.
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. 3111Foreign 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”;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”;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”; andForeign Service Families Act of 2021
Pub. L. 117–81 § 6206(a)(4) · 135 Stat. 1541
Added · 20 U.S.C. § 1015d(d)
Pub. L. 117–81, § 6206(a)(4), added subsec. (d)
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.” .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
- 2008Pub. L. 89–329, title I, § 135, as added Pub. L. 110–315, title I, § 114, , 122 Stat. 3111
- 2021amended Pub. L. 117–81, div. F, title LXII, § 6206(a), , 135 Stat. 2392
- 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.)