[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 199 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 199

 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 HOUSE OF REPRESENTATIVES

                            January 4, 2005

Mr. Scott of Georgia introduced the following bill; which was referred 
            to the Committee on Education and the Workforce

_______________________________________________________________________

                                 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 and National Guard 
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. 1094) 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 by the institution, or, subject to paragraph (2), 
        tuition and other fees paid prior to the commencement of the 
        active duty.
            ``(2) Refunds.--
                    ``(A) Obligation to refund; withdrawal not 
                automatic.--An institution of higher education shall 
                refund tuition or fees paid prior to the commencement 
                of the active duty. Notwithstanding the 180-day 
                limitation 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 taking a military leave of 
                absence for active duty requests a refund during a 
                period of enrollment, the percentage of the tuition and 
                fees that shall be refunded shall equal 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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