12 2 STA T .3 111 PUBLIC LA W 11 0– 31 5— AU G .1 4, 200 8‘ ‘ (b)EXCEPTION.—Theprovis io n so f s u bse ct ion ( a ) sha l l not appl y to a syste m (or a successor system) that— ‘‘( 1 ) is necessary for the operation of pro g rams authori z e d by title I I , I V ,orVII
and ‘‘( 2 ) w asinusebythe S ecretary, directly or through a contractor, as of the day before the date of enactment of the H igher Education O pportunity A ct. ‘‘(c) ST A TE D ATA B A S ES.— N othing in this Act shall prohibit a State or a consortium of States from developing, implementing, or maintaining State - developed databases that trac k individuals over time, including student unit record systems that contain information related to enrollment, attendance, graduation and retention rates, student financial assistance, and graduate employ- ment outcomes. ’ ’. SEC.1 1 4 . IN- S TA TET U ITI O N R ATES F OR AR M E D FORCES MEM B ERS , S P OUSES, AND DEPENDENT C H I L DREN. P art C of title I (2 0U .S.C. 101 5 ) is further amended by adding after section 1 34 (as added by section 113 of this Act) the following
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‘SEC. 1 35 . IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED FORCES ON ACTI V E DUT Y , SPOUSES, AND DEPENDENT CHILDREN. ‘‘(a) R E QU I R E M ENT.—In the case of a member of the armed forces who is on active duty for a period of more than 30 days and whose domicile or permanent duty station is in a State that receives assistance under this Act, 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 the armed forces (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 subse q uent change in the permanent duty station of the member to a location outside the State. ‘‘(c) E F FECTI V E DATE.—This section shall take effect at each public institution of higher education in a State that receives assist- ance under this Act for the first period of enrollment at such institution that begins after J uly 1, 200 9 . ‘‘(d) DEFINITIONS.—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, United States Code.’’. SEC. 115. STATE HI G HER EDUCATION INFORMATION SYSTEM PILOT PROGRAM. Part C of title I of the Higher Education Act of 19 6 5 (20 U.S.C. 1015) is further amended by adding after section 135 (as added by section 114 of this Act) the following: 20USC1 01 5d.
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