Pub. L. 110-181, div. A, tit. V, subtit. C, sec. 521
REVISIONS TO AUTHORITY TO PAY TUITION FOR OFF-DUTY TRAINING OR EDUCATION.
SEC. 521. REVISIONS TO AUTHORITY TO PAY TUITION FOR OFF-DUTY TRAINING OR EDUCATION.(a) Inclusion of Coast Guard.—Subsection (a) of section 2007 of title 10, United States Code, is amended by striking “Subject to subsection (b), the Secretary of a military department” and inserting “Subject to subsections (b) and (c), the Secretary concerned”.(b) Commissioned Officers on Active Duty.—Subsection (b) of such section is amended—(1) in paragraph (1)—(A) by inserting after “commissioned officer on active duty” the following: “(other than a member of the Ready Reserve)”;122 STAT. 101(B) by striking “the Secretary of the military department concerned” and inserting “the Secretary concerned”; and(C) by striking “or full-time National Guard duty” both places it appears; and(2) in paragraph (2)—(A) in the matter preceding subparagraph (A), by striking “the Secretary of the military department” and inserting “the Secretary concerned”;(B) in subparagraph (B), by inserting after “active duty service” the following: “for which the officer was ordered to active duty”; and(C) in subparagraph (C), by striking “Secretary” and inserting “Secretary concerned”.(c) Authority To Pay Tuition Assistance to Members of the Ready Reserve.—(1) Availability of assistance.—Subsection (c) of such section is amended to read as follows:“(c)(1) Subject to paragraphs (3) and (5), the Secretary concerned may pay the charges of an educational institution for the tuition or expenses described in subsection (a) of a member of the Selected Reserve.“(2) Subject to paragraphs (4) and (5), the Secretary concerned may pay the charges of an educational institution for the tuition or expenses described in subsection (a) of a member of the Individual Ready Reserve who has a military occupational specialty designated by the Secretary concerned for purposes of this subsection.“(3) The Secretary concerned may not pay charges under paragraph (1) for tuition or expenses of an officer of the Selected Reserve unless the officer enters into an agreement to remain a member of the Selected Reserve for at least 4 years after completion of the education or training for which the charges are paid.“(4) The Secretary concerned may not pay charges under paragraph (2) for tuition or expenses of an officer of the Individual Ready Reserve unless the officer enters into an agreement to remain in the Selected Reserve or Individual Ready Reserve for at least 4 years after completion of the education or training for which the charges are paid.“(5) The Secretary of a military department may require an enlisted member of the Selected Reserve or Individual Ready Reserve to enter into an agreement to serve for up to 4 years in the Selected Reserve or Individual Ready Reserve, as the case may be, after completion of the education or training for which tuition or expenses are paid under paragraph (1) or (2), as applicable.”.(2) Repeal of superseded provision.—Such section is further amended—(A) by striking subsection (d); and(B) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.(3) Repayment of unearned benefit.—Subsection (e) of such section, as redesignated by paragraph (2) of this subsection, is amended—(A) by inserting “(1)” after “(e)”; and(B) by adding at the end the following new paragraph:“(2) If a member of the Ready Reserve who enters into an agreement under subsection (c) does not complete the period of 122 STAT. 102 service specified in the agreement, the member shall be subject to the repayment provisions of section 303a(e) of title 37.”.(d) Regulations.—Such section is further amended by adding at the end the following new subsection:“(f) This section shall be administered under regulations prescribed by the Secretary of Defense or, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security.”.(e) Study.—(1) Study required.—The Secretary of Defense shall carry out a study on the tuition assistance program carried out under section 2007 of title 10, United States Code. The study shall—(A) identify the number of members of the Armed Forces eligible for assistance under the program, and the number who actually receive the assistance;(B) assess the extent to which the program affects retention rates; and(C) assess the extent to which State tuition assistance programs affect retention rates in those States.(2) Report.—Not later than 9 months after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the results of the study.