The Foreign Service Journal, July-August 2023

THE FOREIGN SERVICE JOURNAL | JULY-AUGUST 2023 69 AFSA NEWS Congress to have the depart- ment establish a mechanism for third parties to verify the employment of, and the valid- ity of PCS orders received by, members of the Foreign Service, in a manner that protects sensitive employee information. AFSA under- stands that the department is working to implement this mechanism. The verification is meant to ease implementation of the Foreign Service Families Act and was passed in the 2022 State Department Authorization Act as part of the FY23 NDAA. Foreign Service Clause— tenants. Whether you are or plan to be a tenant or a land- lord at a residential property, AFSA encourages members of the Foreign Service to include the “Foreign Service Clause,” which allows one to break residential leases under certain conditions, in any rental agreements. If your residential lease has already begun, AFSA encourages you to ask for an amendment to an existing agreement. While federal law now allows Foreign Service tenants to break leases with- out penalty upon production of government orders, having the Foreign Service clause in a rental agreement adds an extra layer of protection and alerts the landlord up front to this exception. For FS tenants, note that the SCRA has an enforce- ment mechanism for any “diplomatic clause”) in your tenant’s lease. In-state tuition. The Foreign Service Families Act mandates that public institu- tions of higher education must grant in-state tuition rates to Foreign Service members, their spouses, and dependents in their state of domicile. While this provision does not take full effect until the first period of college enrollment that begins after July 1, 2024, some state university systems have already adopted it for the fall 2023 semester, including in California and Nebraska. More information on the new provisions and how to prove domicile for in-state tuition purposes can be found at https://bit.ly/qualify-in-state. The University of Cali- fornia’s Board of Regents recently approved the Regent’s Policy 3105 to immediately extend full implementation of the For- eign Service Families Act. The new policy goes into effect on July 1, 2023. Students in the UC system should submit a residence petition after July 1, but before the first day of the fall 2023 term, in order to be considered for an in- state tuition rate during the upcoming school year. In 2019 the Virginia General Assembly passed into state law a provision that extends in-state tuition eligi- bility, regardless of domicile, based on physical presence for members of the Foreign Service and their dependents in Virginia. This law lowers the in-state tuition residency requirement to 90 days for those who receive official government orders that necessitates a move overseas immediately following the 90-day residency and who continue to be assigned over- seas. The law is retroactive prior to 2019, as long as the other requirements are met. Virginia residents. AFSA worked with the Virginia General Assembly during the 2023 legislative session to pass a bill into state law that would allow dependents of Foreign Service members who are Virginia residents and who are currently overseas to apply to Virginia Governor’s Schools. The new law mandates that children of federal employees serv- ing under Title 22 or Title 50 orders are now included under the current military exemption from the one-year Virginia physical residency requirement for eligibility to compete for admission to these schools. person who knowingly seizes, holds, or detains the personal effects, security deposit, or other property of a member of the Foreign Service, their spouse, or dependent who lawfully terminates a lease. The person can be fined or imprisoned for not more than one year, or both. Also note that, while early termination charges have been eliminated, fees associated with wear or other obligations and liabilities of the lessee in accordance with the terms of the lease can still be collected. Extending these provisions of the SCRA to members of the Foreign Service was a top AFSA priority, and we are pleased that they have gone into effect. However, we urge members to read 50 U.S.C. sections 3955 and 3956 to make sure the terms gov- erning the termination of resi- dential housing leases, motor vehicle leases, and telephone service contracts are under- stood for your situation. Foreign Service Clause— landlords. If you are a landlord, a Foreign Service clause in your lease for tenants protects you if you need to return to the U.S., for example, if you are evacuated and cannot return to post. There is no stand-alone legal protection in the SCRA and the Foreign Service Families Act for FS landlords, so please remember to include the Foreign Service clause (sometimes called the Federal law now allows Foreign Service tenants to break leases without penalty upon production of government orders. PCS: Know Before You Go Continued from page 62