number of such members entitled to receive, educational 
assistance under this subchapter during each fiscal year 
covered by such report. 
‘‘(b) MODIFICATION OF REPORT FREQUENCY AND 
REPORT COVERAGE.—The Secretary may submit the re-
port otherwise required by subsection (a) more frequently 
than is otherwise required by that subsection and adjust 
the period covered by the report accordingly. 
‘‘SUBCHAPTER II—RESERVE COMPONENT MEM-
BERS SUPPORTING CONTINGENCY OPER-
ATIONS AND CERTAIN OTHER OPERATIONS 
‘‘§ 3321. Purpose 
‘‘The purpose of this subchapter is to provide edu-
cational assistance to members of the reserve components 
called or ordered to active service in response to a war 
or national emergency declared by the President or Con-
gress, in recognition of the sacrifices that those members 
make in answering the call to duty. 
‘‘§ 3322. Educational assistance program 
‘‘The Secretary of Veterans Affairs, in consultation 
with the Secretary of Defense and the Secretary of Home-
land Security with respect to the Coast Guard when it is 
not operating as a service in the Navy, shall carry out 
under this subchapter a program to provide educational 
assistance to members of the Ready Reserve of the Armed 
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Forces for the purpose specified in section 3321 of this 
title. 
‘‘§ 3323. Eligibility 
‘‘(a) IN GENERAL.—On or after October 1, 2008, a 
member of a reserve component is entitled to educational 
assistance under this subchapter if the member— 
‘‘(1) serves on active duty in support of a con-
tingency operation for 90 consecutive days or more; 
or 
‘‘(2) in the case of a member of the Army Na-
tional Guard of the United States or Air National 
Guard of the United States, performs full time Na-
tional Guard duty under section 502(f) of title 32 
for 90 consecutive days or more when authorized by 
the President or Secretary of Defense for the pur-
pose of responding to a national emergency declared 
by the President and supported by Federal funds. 
‘‘(b) NOTICE ON ENTITLEMENT.—(1) Each member 
who becomes entitled to educational assistance under sub-
section (a) shall be given a statement in writing prior to 
release from active service that summarizes the provisions 
of this subchapter and states clearly and prominently the 
substance of sections 3325 and 3326 of this title as such 
sections may apply to the member. 
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‘‘(2) In accordance with a memorandum of under-
standing entered into between the Secretary of Veterans 
Affairs and the Secretary of Defense, the Secretary of De-
fense shall transmit a notice of entitlement under sub-
section (a) for each member so entitled to the Secretary 
of Veterans Affairs. 
‘‘(c) APPLICABILITY OF CERTAIN SERVICE TOWARD 
ELIGIBILITY.—A member who qualifies for educational 
assistance under this subchapter may not receive credit 
for service under both the program established by chapter 
30 of this title and the program established by this sub-
chapter, but shall make an irrevocable election (in such 
form and manner as the Secretary may prescribe) as to 
the program to which such service is to be credited. 
‘‘(d) BAR TO DUPLICATION OF EDUCATIONAL AS-
SISTANCE.—(1) Except as provided in paragraph (2), the 
provisions of section 3033(a) of this title, relating to a 
bar on duplication of receipt of certain educational assist-
ance benefits, apply with respect to the receipt of edu-
cational assistance under this subchapter. 
‘‘(2) Paragraph (1) does not apply with respect to 
the entitlement of a member to educational assistance 
under section 3303(i) of this title. 
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