[Congressional Record Volume 149, Number 30 (Tuesday, February 25, 2003)]
[Senate]
[Pages S2711-S2712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. LANDRIEU:
  S. 447. 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; to the 
Committee on Health, Education, Labor, and Pensions.
  Ms. LANDRIEU. Mr. President, When the President give the order to 
activate reservists and National Guardsmen, the lives of those men and 
women are put on hold. Businesses, careers, and families are left 
behind so that America's interests may be served. Students make up a 
substantial part of our National Guard and Reserve forces. When these 
students are activated, it jeopardizes their academic standing, as well 
as their scholarships and grants. This bill would preserve their 
academic standing for the duration of their service as well as a one 
year period that follows that service. It would also preserve their 
scholarships and grants, as well as entitle them to a refund of unused 
tuition and fees. Federal law already safeguards the employment status 
of activated reservists and Guardsmen. It is time that we extend the 
same guarantee to students.
  This legislation would require colleges, universities, and community 
colleges to grant National Guardsmen and reservists a leave of military 
absence when they are called to active duty. This leave of absence 
would last while the student is serving on active duty and a one year 
period at the conclusion of active service. This bill would preserve 
the academic credits that the student had earned before being 
activated. It would also preserve the scholarships and grants awarded 
to the student before being activated. Under this legislation, students 
would be entitled to receive a refund of tuition and fees or credit the 
tuition and fees to the next period of enrollment after the student 
returns from military leave. If a student elects to receive a refund, 
it would allow them to receive a full refund, minus the percentage of 
time the student spent enrolled in classes.
  The protections that are already afforded our reservists and 
Guardsmen are appropriate considering the hardships they endure on the 
nation's behalf. We need to acknowledge the many college students who 
are in the ranks of the Guard and Reserve and extend to them the 
protections they deserve. In this day of uncertainty on the world 
stage, our reservists must be prepared to be called up at a moments 
notice. Thousands have already been activated for Operations Enduring 
Freedom, and many thousands more are either in Kuwait or on their way 
there. Once they get to their duty station, they need to focus all of 
their attention on the mission. This legislation provides our student 
reservists with the proper safeguards on their academic career which 
will allow them to accomplish their mission.
  Mr. President, I ask unanimous consent that the text of this bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 447

       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

[[Page S2712]]

     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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