S.Amdt. 744

1. Adds SEC. 652. EDUCATION-RELATED REFUNDS AND LEAVE OF ABSENCE FOR MILITARY SERVICE at the end of subtitle E of title VI

   Adds a section

   In S. 1050 · Placed on Calendar Senate

   (c) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2003.

   Inserted: SEC. 652. EDUCATION-RELATED REFUNDS AND LEAVE OF ABSENCE FOR MILITARY SERVICE.

   Inserted: (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. 1091b) the following new section:

   Inserted: "SEC. 484C. REFUNDS AND LEAVE OF ABSENCE FOR MILITARY SERVICE.

   Inserted: "(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 because he or she was called up for active duty or active service, the institution of higher education in which the student is enrolled shall--

   Inserted: "(1) grant the student a military leave of absence from the institution while such student is serving on active duty or active service, and for one year after the conclusion of such duty or service, in accordance with subsection (b); and

   Inserted: "(2) provide the student with a refund or credit in accordance with subsection (c).

   Inserted: "(b) Consequences of Military Leave of Absence.--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 serving 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 credits earned, scholarships or grants awarded by the institution, or, subject to subsection (c), tuition and other fees paid prior to the commencement of the active duty or active service.

   Inserted: "(c) Refunds.--An institution of higher education shall refund tuition or fees paid prior to the commencement 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 institution of higher education shall refund 100 percent of the tuition and fees paid for the period of enrollment.

   Inserted: "(d) Leave of Absence Not Treated as Withdrawal.--Notwithstanding the 180-day limitation in section 484B(a)(2), 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).

   Inserted: "(e) Definitions.--As used in this section:

   Inserted: "(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 attendance at a service school.

   Inserted: "(2) Affected individual.--The term 'affected individual' means an individual who--

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   Inserted: "(A) is serving on active duty during a war or other military operation or national emergency; or

   Inserted: "(B) is performing qualifying National Guard duty during a war or other military operation or national emergency.

   Inserted: "(3) Military operation.--The term 'military operation' means a contingency operation as such term is defined in section 101(a)(13) of title 10, United States Code.

   Inserted: "(4) National emergency.--The term 'national emergency' means a national emergency declared by the President of the United States.

   Inserted: "(5) Serving on active duty.--The term 'serving on active duty during a war or other military operation or national emergency' means service by an individual who is--

   Inserted: "(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 connection with a war or other military operation or national emergency, regardless of the location at which such active duty service is performed; and

   Inserted: "(B) any other member of an Armed Force on active duty in connection with such war, operation, or emergency or subsequent actions or conditions who has been assigned to a duty station at a location other than the location at which such member is normally assigned.

   Inserted: "(6) Qualifying national guard duty.--The term 'qualifying National Guard duty during a war or other military operation or national emergency' 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.".

   Inserted: (b) 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)) is amended by inserting "and with the policy on leave of absence for military service established pursuant to section 484C" after "section 484B".

   Original wording

   At the end of subtitle E of title VI, add the following:

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As printed