I
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 re-
sources 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 edu-
cational status and financial resources of military per-
sonnel called to active duty.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Reservist Opportuni-
ties and Protection of Education Act’’.
SEC. 2. LEAVE OF ABSENCE FOR MILITARY SERVICE.
(a) OBLIGATION AS PART OF PROGRAM PARTICIPA-
TION REQUIREMENTS.—Section 487(a)(22) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)(22)) by insert-
ing ‘‘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 fol-
lowing 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 in-
stitution while such student is serving on active duty, and
for one year after the conclusion of such service.
‘‘(b) CONSEQUENCES OF MILITARY LEAVE OF AB-
SENCE.—
‘‘(1) PRESERVATION
OF
STATUS
AND
AC-
COUNTS.—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 aca-
demic credits earned, scholarships or grants award-
ed, 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 tui-
tion or fees paid or credit the tuition and fees
to the next period of enrollment after the stu-
dent 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 deter-
mined under subsection (a) of this section).
‘‘(B) PROPORTIONATE REDUCTION OF RE-
FUND FOR TIME COMPLETED.—If a student re-
quests 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 deter-
mined in accordance with section 484B(d))
as of the day the student withdrew, pro-
vided 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 stu-
dent withdrew occurs after the student has
completed 60 percent of the period of en-
rollment.
‘‘(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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