I 

108TH CONGRESS 

1ST SESSION H. R. 1503

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 27, 2003

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reservist Opportuni5 ties and Protection of Education Act’’. 

6 SEC. 2. LEAVE OF ABSENCE FOR MILITARY SERVICE. 

7 (a) OBLIGATION AS PART OF PROGRAM PARTICIPA8 TION REQUIREMENTS.—Section 487(a)(22) of the Higher 
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1 Education Act of 1965 (20 U.S.C. 1094(a)(22)) by insert2 ing ‘‘and with the policy on leave of absence for active 

3 duty military service established pursuant to section 

4 484C’’ after ‘‘section 484B’’. 

5 (b) LEAVE OF ABSENCE FOR MILITARY SERVICE.—

6 Part G of title IV of the Higher Education Act of 1965 

7 by inserting after section 484B (20 U.S.C. 1094) the fol8 lowing new section: 

9 ‘‘SEC. 484C. LEAVE OF ABSENCE FOR MILITARY SERVICE. 

10 ‘‘(a) LEAVE OF ABSENCE REQUIRED.—Whenever a 

11 student who is a member of the National Guard or other 

12 reserve component of the Armed Forces of the United 

13 States, or a member of such Armed Forces in a retired 

14 status, is called or ordered to active duty, the institution 

15 of higher education in which the student is enrolled shall 

16 grant the student a military leave of absence from the in17 stitution while such student is serving on active duty, and 

18 for one year after the conclusion of such service. 

19 ‘‘(b) CONSEQUENCES OF MILITARY LEAVE OF AB20 SENCE.—

21 ‘‘(1) PRESERVATION OF STATUS AND AC22 COUNTS.—A student on a military leave of absence 

23 from an institution of shall be entitled, upon release 

24 from serving on active duty, to be restored to the 

25 educational status such student had attained prior 
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1 to being ordered to such duty without loss of aca2 demic credits earned, scholarships or grants award3 ed, or, subject to paragraph (2), tuition and other 

4 fees paid prior to the commencement of the active 

5 duty. 

6 ‘‘(2) REFUNDS.—

7 ‘‘(A) OPTION OF REFUND OR CREDIT.—An 

8 institution of higher education shall refund tui9 tion or fees paid or credit the tuition and fees 

10 to the next period of enrollment after the stu11 dent returns from a military leave of absence, 

12 at the option of the student. Notwithstanding 

13 the 180-day limitation in section 

14 484B(a)(2)(B), a student on a military leave of 

15 absence under this section shall not be treated 

16 as having withdrawn for purposes of section 

17 484B unless the student fails to return at the 

18 end of the military leave of absence (as deter19 mined under subsection (a) of this section). 

20 ‘‘(B) PROPORTIONATE REDUCTION OF RE21 FUND FOR TIME COMPLETED.—If a student re22 quests a refund during a period of enrollment, 

23 the percentage of the tuition and fees that shall 

24 be refunded shall be equal 100 percent minus—
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1 ‘‘(i) the percentage of the period of 

2 enrollment (for which the tuition and fees 

3 were paid) that was completed (as deter4 mined in accordance with section 484B(d)) 

5 as of the day the student withdrew, pro6 vided that such date occurs on or before 

7 the completion of 60 percent of the period 

8 of enrollment; or 

9 ‘‘(ii) 100 percent, if the day the stu10 dent withdrew occurs after the student has 

11 completed 60 percent of the period of en12 rollment. 

13 ‘‘(c) ACTIVE DUTY.—The term ‘active duty’ has the 

14 meaning given such term in section 101(d)(1) of title 10, 

15 United States Code, except that such term—

16 ‘‘(1) does not include active duty for training or 

17 attendance at a service school; but 

18 ‘‘(2) includes, in the case of members of the 

19 National Guard, active State duty.’’.

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