I 
108TH CONGRESS 
1ST SESSION H. R. 1724
To require institutions of higher education to make full refunds of tuitions 
and fees paid by members of the Armed Forces and National Guard 
called to active duty or active service during a war or national emergency. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 10, 2003
Mr. ALEXANDER (for himself, Mr. FROST, Mr. BAKER, Mr. PLATTS, Mr. 
EVANS, Mr. RYAN of Ohio, Mr. BALLANCE, Mr. ROSS, and Mr. JOHN) 
introduced the following bill; which was referred to the Committee on 
Education and the Workforce 
A BILL 
To require institutions of higher education to make full re-
funds of tuitions and fees paid by members of the Armed 
Forces and National Guard called to active duty or active 
service during a war or national emergency.
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 of 2003’’.
SEC. 2. REFUNDS AND LEAVE OF ABSENCE FOR MILITARY 
SERVICE. 
(a) 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. REFUNDS AND LEAVE OF ABSENCE FOR MILI-
TARY SERVICE. 
‘‘(a) LEAVE OF ABSENCE REQUIRED.—Whenever a 
student who is an affected individual is unable to complete 
a period of instruction or to receive academic credit be-
cause he or she was called up for active duty or active 
service, the institution of higher education in which the 
student is enrolled shall—
‘‘(1) grant the student a military leave of ab-
sence from the institution while such student is serv-
ing on active duty or active service, and for one year 
after the conclusion of such duty or service, in ac-
cordance with subsection (b); and 
‘‘(2) provide the student with a refund or credit 
in accordance with subsection (c). 
‘‘(b) CONSEQUENCES OF MILITARY LEAVE OF AB-
SENCE.—A student who is an affected individual and who 
is on a military leave of absence from an institution of 
higher education shall be entitled, upon release from serv-
ing on active duty or active service, to be restored to the
educational status such student had attained prior to 
being ordered to such duty without loss of academic cred-
its earned, scholarships or grants awarded by the institu-
tion, or, subject to subsection (c), tuition and other fees 
paid prior to the commencement of the active duty or ac-
tive service. 
‘‘(c) REFUNDS.—An institution of higher education 
shall refund tuition or fees paid prior to the commence-
ment of the active duty or active service of an affected 
individual. If a student taking a military leave of absence 
for active duty or active service 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 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. 
‘‘(d) LEAVE OF ABSENCE NOT TREATED AS WITH-
DRAWAL.—Notwithstanding the 180-day limitation in sec-
tion 484B(a)(2), a student on a military leave of absence 
under this section shall not be treated as having with-
drawn 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). 
‘‘(e) DEFINITIONS.—As used in this section:
‘‘(1) 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 
does not include active duty for training or attend-
ance at a service school. 
‘‘(2) AFFECTED
INDIVIDUAL.—The term ‘af-
fected individual’ means an individual who—
‘‘(A) is serving on active duty during a war 
or other military operation or national emer-
gency; or 
‘‘(B) is performing qualifying National 
Guard duty during a war or other military op-
eration or national emergency. 
‘‘(3) MILITARY
OPERATION.—The term ‘mili-
tary operation’ means a contingency operation as 
such term is defined in section 101(a)(13) of title 
10, United States Code. 
‘‘(4) NATIONAL
EMERGENCY.—The term ‘na-
tional emergency’ means a national emergency de-
clared by the President of the United States. 
‘‘(5) SERVING
ON
ACTIVE
DUTY.—The term 
‘serving on active duty during a war or other mili-
tary operation or national emergency’ means service 
by an individual who is—
‘‘(A) a Reserve of an Armed Force ordered 
to 
active 
duty 
under 
section 
12301(a), 
12301(g), 12302, 12304, or 12306 of title 10, 
United States Code, or any retired member of 
an Armed Force ordered to active duty under 
section 688 of such title, for service in connec-
tion with a war or other military operation or 
national emergency, regardless of the location 
at which such active duty service is performed; 
and 
‘‘(B) any other member of an Armed Force 
on active duty in connection with such war, op-
eration, or emergency or subsequent actions or 
conditions who has been assigned to a duty sta-
tion at a location other than the location at 
which such member is normally assigned. 
‘‘(6) QUALIFYING
NATIONAL
GUARD
DUTY.—
The term ‘qualifying National Guard duty during a 
war or other military operation or national emer-
gency’ means service as a member of the National 
Guard on full-time National Guard duty (as defined 
in section 101(d)(5) of title 10, United States Code) 
under a call to active service authorized by the 
President or the Secretary of Defense for a period 
of more than 30 consecutive days under section
502(f) of title 32, United States Code, in connection 
with a war, another military operation, or a national 
emergency declared by the President and supported 
by Federal funds.’’. 
(b) 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)) is amend-
ed by inserting ‘‘and with the policy on leave of absence 
for military service established pursuant to section 484C’’ 
after ‘‘section 484B’’.
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