20 U.S.C. § 1015d

In-State tuition rates for members of qualifying Federal service

(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 July 1, 2009 .

(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.

( Pub. L. 89–329, title I, § 135 , as added Pub. L. 110–315, title I, § 114 , Aug. 14, 2008 , 122 Stat. 3111 ; amended Pub. L. 117–81, div. F, title LXII, § 6206(a) , Dec. 27, 2021 , 135 Stat. 2392 ; Pub. L. 118–31, div. G, title III, § 7316(a) , Dec. 22, 2023 , 137 Stat. 1032 .)