[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1724 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1724

  To require institutions of higher education to make full refunds of 
  tuitions and fees paid by members of the Armed Forces and National 
Guard called to active duty or active service during a war or national 
                               emergency.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2003

   Mr. Alexander (for himself, Mr. Frost, Mr. Baker, Mr. Platts, Mr. 
    Evans, Mr. Ryan of Ohio, Mr. Ballance, Mr. Ross, and Mr. John) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To require institutions of higher education to make full refunds of 
  tuitions and fees paid by members of the Armed Forces and National 
Guard called to active duty or active service during a war or national 
                               emergency.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reservist Opportunities and 
Protection of Education Act of 2003''.

SEC. 2. REFUNDS AND LEAVE OF ABSENCE FOR MILITARY SERVICE.

    (a) Leave of Absence for Military Service.--Part G of title IV of 
the Higher Education Act of 1965 is amended by inserting after section 
484B (20 U.S.C. 1094) the following new section:

``SEC. 484C. REFUNDS AND LEAVE OF ABSENCE FOR MILITARY SERVICE.

    ``(a) Leave of Absence Required.--Whenever a student who is an 
affected individual is unable to complete a period of instruction or to 
receive academic credit because he or she was called up for active duty 
or active service, the institution of higher education in which the 
student is enrolled shall--
            ``(1) grant the student a military leave of absence from 
        the institution while such student is serving on active duty or 
        active service, and for one year after the conclusion of such 
        duty or service, in accordance with subsection (b); and
            ``(2) provide the student with a refund or credit in 
        accordance with subsection (c).
    ``(b) Consequences of Military Leave of Absence.--A student who is 
an affected individual and who is on a military leave of absence from 
an institution of higher education shall be entitled, upon release from 
serving on active duty or active service, to be restored to the 
educational status such student had attained prior to being ordered to 
such duty without loss of academic credits earned, scholarships or 
grants awarded by the institution, or, subject to subsection (c), 
tuition and other fees paid prior to the commencement of the active 
duty or active service.
    ``(c) Refunds.--An institution of higher education shall refund 
tuition or fees paid prior to the commencement of the active duty or 
active service of an affected individual. If a student taking a 
military leave of absence for active duty or active service requests a 
refund during a period of enrollment, the percentage of the tuition and 
fees that shall be refunded shall be equal 100 percent minus the 
percentage of the period of enrollment (for which the tuition and fees 
were paid) that was completed (as determined in accordance with section 
484B(d)) as of the day the student withdrew.
    ``(d) Leave of Absence Not Treated as Withdrawal.--Notwithstanding 
the 180-day limitation in section 484B(a)(2), a student on a military 
leave of absence under this section shall not be treated as having 
withdrawn for purposes of section 484B unless the student fails to 
return at the end of the military leave of absence (as determined under 
subsection (a) of this section).
    ``(e) Definitions.--As used in this section:
            ``(1) Active duty.--The term `active duty' has the meaning 
        given such term in section 101(d)(1) of title 10, United States 
        Code, except that such term does not include active duty for 
        training or attendance at a service school.
            ``(2) Affected individual.--The term `affected individual' 
        means an individual who--
                    ``(A) is serving on active duty during a war or 
                other military operation or national emergency; or
                    ``(B) is performing qualifying National Guard duty 
                during a war or other military operation or national 
                emergency.
            ``(3) Military operation.--The term `military operation' 
        means a contingency operation as such term is defined in 
        section 101(a)(13) of title 10, United States Code.
            ``(4) National emergency.--The term `national emergency' 
        means a national emergency declared by the President of the 
        United States.
            ``(5) Serving on active duty.--The term `serving on active 
        duty during a war or other military operation or national 
        emergency' means service by an individual who is--
                    ``(A) a Reserve of an Armed Force ordered to active 
                duty under section 12301(a), 12301(g), 12302, 12304, or 
                12306 of title 10, United States Code, or any retired 
                member of an Armed Force ordered to active duty under 
                section 688 of such title, for service in connection 
                with a war or other military operation or national 
                emergency, regardless of the location at which such 
                active duty service is performed; and
                    ``(B) any other member of an Armed Force on active 
                duty in connection with such war, operation, or 
                emergency or subsequent actions or conditions who has 
                been assigned to a duty station at a location other 
                than the location at which such member is normally 
                assigned.
            ``(6) Qualifying national guard duty.--The term `qualifying 
        National Guard duty during a war or other military operation or 
        national emergency' means service as a member of the National 
        Guard on full-time National Guard duty (as defined in section 
        101(d)(5) of title 10, United States Code) under a call to 
        active service authorized by the President or the Secretary of 
        Defense for a period of more than 30 consecutive days under 
        section 502(f) of title 32, United States Code, in connection 
        with a war, another military operation, or a national emergency 
        declared by the President and supported by Federal funds.''.
    (b) Obligation as Part of Program Participation Requirements.--
Section 487(a)(22) of the Higher Education Act of 1965 (20 U.S.C. 
1094(a)(22)) is amended by inserting ``and with the policy on leave of 
absence for military service established pursuant to section 484C'' 
after ``section 484B''.
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