[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1323 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1323
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
March 18, 2003
Mr. Frost 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 be 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on 21st Century Competitiveness.
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