II 

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. 

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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•S 2063 IS

1 Education Act of 1965 (20 U.S.C. 1094(a)(22)) is amend2 ed by inserting ‘‘and with the policy on leave of absence 

3 for active duty military service established pursuant to 

4 section 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 (20 U.S.C. 1088 et seq.) is amended by inserting after 

8 section 484B (20 U.S.C. 1091b) the following: 

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 eligible insti15 tution in which the student is enrolled shall grant the stu16 dent a military leave of absence from the institution while 

17 such student is serving on active duty, and for 1 year after 

18 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 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 fees 

4 paid prior to the commencement of the active duty. 

5 ‘‘(2) REFUNDS.— 

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

7 institution of higher education shall refund tui8 tion and fees paid or credit the tuition and fees 

9 to the next period of enrollment after the stu10 dent returns from a military leave of absence, 

11 at the option of the student. Notwithstanding 

12 the 180-day limitation in section 

13 484B(a)(2)(A), a student on a military leave of 

14 absence under this section shall not be treated 

15 as having withdrawn for purposes of section 

16 484B unless the student fails to return at the 

17 end of the military leave of absence (as deter18 mined under subsection (a)). 

19 ‘‘(B) PROPORTIONATE REDUCTION OF RE20 FUND FOR TIME COMPLETED.—If a student re21 quests a refund for a period of enrollment, the 

22 percentage of the tuition and fees that shall be 

23 refunded shall be equal to 100 percent minus— 

24 ‘‘(i) the percentage of the period of 

25 enrollment (for which the tuition and fees 
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1 were paid) that was completed (as deter2 mined in accordance with section 484B(d)) 

3 as of the day the student withdrew, pro4 vided that such date occurs on or before 

5 the completion of 60 percent of the period 

6 of enrollment; or 

7 ‘‘(ii) 100 percent, if the day the stu8 dent withdrew occurs after the student has 

9 completed 60 percent of the period of en10 rollment. 

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

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

13 United States Code, except that such term— 

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

15 attendance at a service school; and 

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

17 National Guard, active State duty.’’. 

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