[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2063 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2063

 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

                           November 18, 2005

  Mr. Vitter 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 (20 U.S.C. 1088 et seq.) is amended by 
inserting after section 484B (20 U.S.C. 1091b) the following:

``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 eligible 
institution 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 1 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 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 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 and 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 in section 
                484B(a)(2)(A), 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)).
                    ``(B) Proportionate reduction of refund for time 
                completed.--If a student requests a refund for 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.--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; and
            ``(2) includes, in the case of members of the National 
        Guard, active State duty.''.
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