[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 447 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 447

 To amend the Higher Education Act of 1965 to require institutions of 
   higher education to preserve the educational status and financial 
         resources of military personnel called to active duty.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2003

 Ms. Landrieu introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Higher Education Act of 1965 to require institutions of 
   higher education to preserve the educational status and financial 
         resources of military personnel called to active duty.

    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''.

SEC. 2. LEAVE OF ABSENCE FOR MILITARY SERVICE.

    (a) 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 active duty military service established pursuant to 
section 484C'' after ``section 484B''.
    (b) 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. 1091b) the following new section:

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

    ``(a) Leave of Absence Required.--Whenever a student who is a 
member of the National Guard or other reserve component of the Armed 
Forces of the United States, or a member of such Armed Forces in a 
retired status, is called or ordered to active duty, the institution of 
higher education in which the student is enrolled shall grant the 
student a military leave of absence from the institution while such 
student is serving on active duty, and for one year after the 
conclusion of such service.
    ``(b) Consequences of Military Leave of Absence.--
            ``(1) Preservation of status and accounts.--A student on a 
        military leave of absence from an institution of higher 
        education shall be entitled, upon release from serving on 
        active duty, 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, or, subject to paragraph (2), tuition and other fees 
        paid prior to the commencement of the active duty.
            ``(2) Refunds.--
                    ``(A) Option of refund or credit.--An institution 
                of higher education shall refund tuition or fees paid 
                or credit the tuition and fees to the next period of 
                enrollment after the student returns from a military 
                leave of absence, at the option of the student. 
                Notwithstanding the 180-day limitation referred to in 
                section 484B(a)(2)(B), 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).
                    ``(B) Proportionate reduction of refund for time 
                completed.--If a student requests a refund during a 
                period of enrollment, the percentage of the tuition and 
                fees that shall be refunded shall be equal to 100 
                percent minus--
                            ``(i) 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, provided that such date 
                        occurs on or before the completion of 60 
                        percent of the period of enrollment; or
                            ``(ii) 100 percent, if the day the student 
                        withdrew occurs after the student has completed 
                        60 percent of the period of enrollment.
    ``(c) Active Duty.--In this section, 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--
            ``(1) does not include active duty for training or 
        attendance at a service school; but
            ``(2) includes, in the case of members of the National 
        Guard, active State duty.''.
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