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[DOCID: f:h3755ih.txt]






107th CONGRESS
  2d Session
                                H. R. 3755

 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

                           February 13, 2002

  Mr. Vitter 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 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)) 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 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 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 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 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; but
            ``(2) includes, in the case of members of the National 
        Guard, active State duty.''.
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