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119th Congress

Title 38 — Veterans’ Benefits

Part III · Chapter 33 — Post–9/11 Educational Assistance

§ 3320. Edith Nourse Rogers STEM Scholarship

Statutory text

(a)

In General.—

Subject to the limitation under subsection (f), the Secretary shall provide additional benefits to eligible individuals selected by the Secretary under this section. Such benefits shall be known as the “Edith Nourse Rogers STEM Scholarship”.

(b)

Eligibility.—

For purposes of this section, an eligible individual is an individual—

(1)

who is or was entitled to educational assistance under section 3311 of this title;

(2)

who has used all of the educational assistance to which the individual is entitled under this chapter or will, based on the individual’s rate of usage, use all of such assistance within 180 days of applying for benefits under this section;

(3)

who applies for assistance under this section; and

(4)

who—

(A)

is an individual who—

(i)

is enrolled in a program of education leading to a post-secondary degree that, in accordance with the guidelines of the applicable regional or national accrediting agency, requires at least the standard 120 semester (or 180 quarter) credit hours for completion in a standard, undergraduate college degree, or a dual degree program that includes such an undergraduate college degree, in—

(I)

biological or biomedical science;

(II)

physical science;

(III)

science technologies or technicians;

(IV)

computer and information science and support services;

(V)

mathematics or statistics;

(VI)

engineering;

(VII)

engineering technologies or an engineering-related field;

(VIII)

a health profession or related program;

(IX)

an agriculture science program or a natural resources science program; or

(X)

other subjects and fields identified by the Secretary as meeting national needs;

(ii)

has completed at least 60 standard semester (or 90 quarter) credit hours in a field referred to in clause (i); or

(B)

is an individual who has earned a post-secondary degree in a field referred to in subparagraph (A)(i) and is enrolled in a covered clinical training program for health care professionals or a program of education leading to a teaching certification; or

(C)

is an individual who has earned a graduate degree in a field referred to in subparagraph (A)(i) and is enrolled in a covered clinical training program for health care professionals.

(c)

Priority.—

(1)

If the Secretary determines that there are insufficient funds available in a fiscal year to provide additional benefits under this section to all eligible individuals, the Secretary may give priority to the following eligible individuals:

(A)

Individuals who require the most credit hours described in subsection (b)(4).

(B)

Individuals who are entitled to educational assistance under this chapter by reason of paragraph (1), (2), (8), (9), (10), or (11) of section 3311(b) of this title.

(2)

The Secretary shall give priority to individuals under paragraph (1) in the following order:

(A)

Individuals who are enrolled in a program of education leading to an undergraduate degree in a field referred to in subsection (b)(4)(A)(i).

(B)

Individuals who are enrolled in a program of education leading to a teaching certificate.

(C)

Individuals who are enrolled in a dual-degree program leading to both an undergraduate and graduate degree in a field referred to in subsection (b)(4)(A)(i).

(D)

Individuals who have earned an undergraduate degree and are enrolled in a covered clinical training program for health care professionals.

(E)

Individuals who have earned a graduate degree and are enrolled in a covered clinical training program for health care professionals.

(d)

Amount of Assistance.—

(1)

The Secretary shall pay to each eligible individual who receives additional benefits under this section the monthly amount payable under section 3313 of this title for not more than 9 months of the program of education in which the individual is enrolled (adjusted with respect to the individual pursuant to section 3313(c), as appropriate), except that the aggregate amount paid to an individual under this section may not exceed $30,000.

(2)

The Secretary may not pay to such an individual an amount in addition to the amount payable under paragraph (1) by reason of section 3317 of this title.

(3)

An individual who receives additional benefits under this section may also receive amounts payable by a college or university pursuant to section 3317 of this title.

(4)

Notwithstanding any other provision of this chapter or chapter 36 of this title, any additional benefits under this section may not be counted toward the aggregate period for which section 3695 of this title limits an individual’s receipt of allowance or assistance.

(e)

Prohibition on Transfer.—

An individual who receives additional benefits under this section may not transfer any amount of such additional benefits under section 3319 of this title.

(f)

Maximum Amount of Total Assistance.—

The total amount of benefits paid to all eligible individuals under this section may not exceed—

(1)

$25,000,000 for fiscal year 2019;

(2)

$75,000,000 for each of fiscal years 2020 through 2022; and

(3)

$100,000,000 for fiscal year 2023 and each subsequent fiscal year.

(g)

Congressional Notice.—

If the Secretary identifies a new subject or field pursuant to subsection (b)(4)(A)(i)(XI) as meeting a national need, the Secretary shall submit to Congress notice of such identification at least 90 days before conferring eligibility on any individual for purposes of this section on the basis of such identification, including any analysis of labor market supply and demand used in identifying the new subject or field, as applicable.

(h)

Covered Clinical Training Program Defined.—

In this section, the term “covered clinical training program” means any clinical training required by a health care professional to be licensed to practice in a State or locality.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Harry W. Colmery Veterans Educational Assistance Act of 2017

    Pub. L. 115–48 title I § 111(a) · 131 Stat. 973

    Enacted · 38 U.S.C. § 3320

    Added Pub. L. 115–48, title I, § 111(a), Aug. 16, 2017, 131 Stat. 982

    Source evidence

    Code source credit
    Added Pub. L. 115–48, title I, § 111(a), Aug. 16, 2017, 131 Stat. 982

    Enacted provision · exact public law section
    (a) In General.— Subchapter II of chapter 33 is amended by adding at the end the following new section: “§ 3320. Edith Nourse Rogers STEM Scholarship “(a) In General.— Subject to the limitation under subsection (f), the Secretary shall provide additional benefits to eligible individuals selected by the Secretary under this section. Such benefits shall be known as the ‘Edith Nourse Rogers STEM Scholarship’. “(b) Eligibility.— For purposes of this section, an eligible individual is an individual— “(1) who is or was entitled to educational assistance under section 3311 of this title; “(2) who has used all of the educational assistance to which the individual is entitled under this chapter or will, based on the individual’s rate of usage, use all of such assistance within 180 days of applying for benefits under this section; “(3) who applies for assistance under this section; and “(4) who— “(A) is an individual who— “(i) is enrolled in a program of education leading to a post-secondary degree that, in accordance with the guidelines of the applicable regional or national accrediting agency, requires more than the standard 128 semester (or 192 quarter) credit hours for completion in a standard, undergraduate college degree in— “(I) biological or biomedical science; “(II) physical science; “(III) science technologies or technicians; “(IV) computer and information science and support services; “(V) mathematics or statistics; “(VI) engineering; “(VII) engineering technologies or an engineering-related field; “(VIII) a health profession or related program; “(IX) a medical residency program; “(X) an agriculture science program or a natural resources science program; or “(XI) other subjects and fields identified by the Secretary as meeting national needs; “(ii) has completed at least 60 standard semester (or 90 quarter) credit hours in a field referred to in clause (i); or “(B) is an individual who has earned a post-secondary degree in a field referred to in subparagraph (A)(i) and is enrolled in a program of education leading to a teaching certification. “(c) Priority.— In selecting eligible individuals to receive additional benefits under this section, the Secretary shall give priority to the following individuals: “(1) Individuals who require the most credit hours described in subsection (b)(4). “(2) Individuals who are entitled to educational assistance under this chapter by reason of paragraph (1), (2), (8), or (9) of section 3311(b) of this title. “(d) Amount of Assistance.— (1) The Secretary shall pay to each eligible individual who receives additional benefits under this section the monthly amount payable under section 3313 of this title for not more than 9 months of the program of education in which the individual is enrolled (adjusted with respect to the individual pursuant to section 3313(c), as appropriate), except that the aggregate amount paid to an individual under this section may not exceed $30,000. “(2) The Secretary may not pay to such an individual an amount in addition to the amount payable under paragraph (1) by reason of section 3317 of this title. “(3) An individual who receives additional benefits under this section may also receive amounts payable by a college or university pursuant to section 3317 of this title. “(e) Prohibition on Transfer.— An individual who receives additional benefits under this section may not transfer any amount of such additional benefits under section 3319 of this title. “(f) Maximum Amount of Total Assistance.— The total amount of benefits paid to all eligible individuals under this section may not exceed— “(1) $25,000,000 for fiscal year 2019; “(2) $75,000,000 for each of fiscal years 2020 through 2022; and “(3) $100,000,000 for fiscal year 2023 and each subsequent fiscal year. “(g) Congressional Notice.— If the Secretary identifies a new subject or field pursuant to subsection (b)(4)(A)(i)(XI) as meeting a national need, the Secretary shall submit to Congress notice of such identification at least 90 days before conferring eligibility on any individual for purposes of this section on the basis of such identification, including any analysis of labor market supply and demand used in identifying the new subject or field, as applicable.” .

    Effective date note
    Amendment by section 1002(b)(4) of Pub. L. 116–315 effective immediately after the amendments made by section 105 of Pub. L. 115–48 [amendments effective Aug. 1, 2020] and applicable with respect to a quarter, semester, or term, commencing on or after Aug. 1, 2021, see section 1002(c) of Pub. L. 116–315, set out as a note under section 3311 of this title.

  2. Pub. L. 116–36 § 1 · 133 Stat. 1048

    Substituted · 38 U.S.C. § 3320(b)(4)(A)(i)

    Pub. L. 116–36 substituted “at least the standard 120 semester (or 180 quarter) credit hours” for “more than the standard 128 semester (or 192 quarter) credit hours” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(4)(A)(i). Pub. L. 116–36 substituted “at least the standard 120 semester (or 180 quarter) credit hours” for “more than the standard 128 semester (or 192 quarter) credit hours” in introductory provisions.

    Enacted provision · exact public law section
    SECTION 1. REDUCTION IN CREDIT HOUR REQUIREMENT FOR EDITH NOURSE ROGERS STEM SCHOLARSHIP.   Section 3320(b)(4)(A)(i) of title 38, United States Code, is amended by striking “more than the standard 128 semester (or 192 quarter) credit hours” and inserting “at least the standard 120 semester (or 180 quarter) credit hours”.

  3. Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 1001(a)(1) · 134 Stat. 4932

    1. Inserted · 38 U.S.C. § 3320(b)(4)(A)(i)

      Pub. L. 116–315, § 1001(a)(1), inserted “, or a dual degree program that includes such an undergraduate college degree,” after “standard, undergraduate college degree” in introductory provisions

    2. Redesignated · 38 U.S.C. § 3320(b)(4)(A)(i)

      Pub. L. 116–315, § 1001(a)(1), redesignated subcls. (X) and (XI) as (IX) and (X), respectively

    3. Struck · 38 U.S.C. § 3320(b)(4)(A)(i)

      Pub. L. 116–315, § 1001(a)(1), struck out former subcl. (IX) which read as follows: “a medical residency program;”

    Source evidence

    Code amendment note
    Subsec. (b)(4)(A)(i). Pub. L. 116–315, § 1001(a)(1), inserted “, or a dual degree program that includes such an undergraduate college degree,” after “standard, undergraduate college degree” in introductory provisions, redesignated subcls. (X) and (XI) as (IX) and (X), respectively, and struck out former subcl. (IX) which read as follows: “a medical residency program;”.

    Enacted provision · exact public law section
    (1) in subparagraph (A)(i)— (A) in the matter preceding subclause (I), by inserting “, or a dual degree program that includes such an undergraduate college degree,” after “undergraduate college degree”; (B) by striking subclause (IX); and (C) by redesignating subclauses (X) and (XI) as subclauses (IX) and (X), respectively;

    Effective date note
    Amendment by section 1002(b)(4) of Pub. L. 116–315 effective immediately after the amendments made by section 105 of Pub. L. 115–48 [amendments effective Aug. 1, 2020] and applicable with respect to a quarter, semester, or term, commencing on or after Aug. 1, 2021, see section 1002(c) of Pub. L. 116–315, set out as a note under section 3311 of this title.

  4. Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 1001(a)(2) · 134 Stat. 4932

    1. Inserted · 38 U.S.C. § 3320(b)(4)(B)

      Pub. L. 116–315, § 1001(a)(2), inserted “covered clinical training program for health care professionals or a” before “program of education”

    2. Substituted · 38 U.S.C. § 3320(b)(4)(B)

      Pub. L. 116–315, § 1001(a)(2), substituted “; or” for period at end

    Source evidence

    Code amendment note
    Subsec. (b)(4)(B). Pub. L. 116–315, § 1001(a)(2), inserted “covered clinical training program for health care professionals or a” before “program of education” and substituted “; or” for period at end.

    Enacted provision · exact public law section
    (2) in subparagraph (B)— (A) by inserting “covered clinical training program for health care professionals or a” before “program of education”; and (B) by striking the period at the end and inserting “; or”; and

    Effective date note
    Amendment by section 1002(b)(4) of Pub. L. 116–315 effective immediately after the amendments made by section 105 of Pub. L. 115–48 [amendments effective Aug. 1, 2020] and applicable with respect to a quarter, semester, or term, commencing on or after Aug. 1, 2021, see section 1002(c) of Pub. L. 116–315, set out as a note under section 3311 of this title.

  5. Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 1001(a)(3) · 134 Stat. 4932

    Added · 38 U.S.C. § 3320(b)(4)(C)

    Pub. L. 116–315, § 1001(a)(3), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(4)(C). Pub. L. 116–315, § 1001(a)(3), added subpar. (C).

    Enacted provision · exact public law section
    (3) by adding at the end the following new subparagraph: “(C) is an individual who has earned a graduate degree in a field referred to in subparagraph (A)(i) and is enrolled in a covered clinical training program for health care professionals.” .

    Effective date note
    Amendment by section 1002(b)(4) of Pub. L. 116–315 effective immediately after the amendments made by section 105 of Pub. L. 115–48 [amendments effective Aug. 1, 2020] and applicable with respect to a quarter, semester, or term, commencing on or after Aug. 1, 2021, see section 1002(c) of Pub. L. 116–315, set out as a note under section 3311 of this title.

  6. Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 1001(b) · 134 Stat. 4932

    Amended · 38 U.S.C. § 3320(c)

    Pub. L. 116–315, § 1001(b), amended subsec. (c) generally. Prior to amendment, text read as follows: “In selecting eligible individuals to receive additional benefits under this section, the Secretary shall give priority to the following individuals:

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–315, § 1001(b), amended subsec. (c) generally. Prior to amendment, text read as follows: “In selecting eligible individuals to receive additional benefits under this section, the Secretary shall give priority to the following individuals:

    “(1) Individuals who require the most credit hours described in subsection (b)(4). “(2) Individuals who are entitled to educational assistance under this chapter by reason of paragraph (1), (2), (8), or (9) of section 3311(b) of this title.”

    Enacted provision · exact public law section
    (b) Priority.— Subsection (c) of such section is amended to read as follows: “(c) Priority.— (1) If the Secretary determines that there are insufficient funds available in a fiscal year to provide additional benefits under this section to all eligible individuals, the Secretary may give priority to the following eligible individuals: “(A) Individuals who require the most credit hours described in subsection (b)(4). “(B) Individuals who are entitled to educational assistance under this chapter by reason of paragraph (1), (2), (8), or (9) of section 3311(b) of this title. “(2) The Secretary shall give priority to individuals under paragraph (1) in the following order: “(A) Individuals who are enrolled in a program of education leading to an undergraduate degree in a field referred to in subsection (b)(4)(A)(i). “(B) Individuals who are enrolled in a program of education leading to a teaching certificate. “(C) Individuals who are enrolled in a dual-degree program leading to both an undergraduate and graduate degree in a field referred to in subsection (b)(4)(A)(i). “(D) Individuals who have earned an undergraduate degree and are enrolled in a covered clinical training program for health care professionals. “(E) Individuals who have earned a graduate degree and are enrolled in a covered clinical training program for health care professionals.” .

    Effective date note
    Amendment by section 1002(b)(4) of Pub. L. 116–315 effective immediately after the amendments made by section 105 of Pub. L. 115–48 [amendments effective Aug. 1, 2020] and applicable with respect to a quarter, semester, or term, commencing on or after Aug. 1, 2021, see section 1002(c) of Pub. L. 116–315, set out as a note under section 3311 of this title.

  7. Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 1002(b)(4) · 134 Stat. 4932

    Substituted · 38 U.S.C. § 3320(c)(1)(B)

    Pub. L. 116–315, § 1002(b)(4), substituted “(8), (9), (10), or (11)” for “(8), or (9)”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B). Pub. L. 116–315, § 1002(b)(4), substituted “(8), (9), (10), or (11)” for “(8), or (9)”.

    Enacted provision · exact public law section
    (4) In section 3320, as amended by section 1001 of this title, in subsection (c)(1)(B), by striking “(8), or (9)” and inserting “(8), (9), (10), or (11)”.

    Effective date note
    Amendment by section 1002(b)(4) of Pub. L. 116–315 effective immediately after the amendments made by section 105 of Pub. L. 115–48 [amendments effective Aug. 1, 2020] and applicable with respect to a quarter, semester, or term, commencing on or after Aug. 1, 2021, see section 1002(c) of Pub. L. 116–315, set out as a note under section 3311 of this title.

  8. Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 1001(c) · 134 Stat. 4932

    Added · 38 U.S.C. § 3320(d)(4)

    Pub. L. 116–315, § 1001(c), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 116–315, § 1001(c), added par. (4).

    Enacted provision · exact public law section
    (c) Amounts Not Subject to Certain Limitation.— Subsection (d) of such section is amended by adding at the end the following new paragraph: “(4) Notwithstanding any other provision of this chapter or chapter 36 of this title, any additional benefits under this section may not be counted toward the aggregate period for which section 3695 of this title limits an individual’s receipt of allowance or assistance.” .

    Effective date note
    Amendment by section 1002(b)(4) of Pub. L. 116–315 effective immediately after the amendments made by section 105 of Pub. L. 115–48 [amendments effective Aug. 1, 2020] and applicable with respect to a quarter, semester, or term, commencing on or after Aug. 1, 2021, see section 1002(c) of Pub. L. 116–315, set out as a note under section 3311 of this title.

  9. Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 1001(d) · 134 Stat. 4932

    Added · 38 U.S.C. § 3320(h)

    Pub. L. 116–315, § 1001(d), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 116–315, § 1001(d), added subsec. (h).

    Enacted provision · exact public law section
    (d) Covered Clinical Training Program Defined.— Such section is further amended by adding at the end the following new subsection: “(h) Covered Clinical Training Program Defined.— In this section, the term ‘covered clinical training program’ means any clinical training required by a health care professional to be licensed to practice in a State or locality.” .

    Effective date note
    Amendment by section 1002(b)(4) of Pub. L. 116–315 effective immediately after the amendments made by section 105 of Pub. L. 115–48 [amendments effective Aug. 1, 2020] and applicable with respect to a quarter, semester, or term, commencing on or after Aug. 1, 2021, see section 1002(c) of Pub. L. 116–315, set out as a note under section 3311 of this title.

12 of 12 references resolved to an enrolled provision

Editorial Notes

Amendments2019–2021 · 2 rounds

2021

Subsec. (b)(4)(A)(i). Pub. L. 116–315, § 1001(a)(1), inserted “, or a dual degree program that includes such an undergraduate college degree,” after “standard, undergraduate college degree” in introductory provisions, redesignated subcls. (X) and (XI) as (IX) and (X), respectively, and struck out former subcl. (IX) which read as follows: “a medical residency program;”.

Subsec. (b)(4)(B). Pub. L. 116–315, § 1001(a)(2), inserted “covered clinical training program for health care professionals or a” before “program of education” and substituted “; or” for period at end.

Subsec. (b)(4)(C). Pub. L. 116–315, § 1001(a)(3), added subpar. (C).

Subsec. (c). Pub. L. 116–315, § 1001(b), amended subsec. (c) generally. Prior to amendment, text read as follows: “In selecting eligible individuals to receive additional benefits under this section, the Secretary shall give priority to the following individuals:

“(1) Individuals who require the most credit hours described in subsection (b)(4).

“(2) Individuals who are entitled to educational assistance under this chapter by reason of paragraph (1), (2), (8), or (9) of section 3311(b) of this title.”

Subsec. (c)(1)(B). Pub. L. 116–315, § 1002(b)(4), substituted “(8), (9), (10), or (11)” for “(8), or (9)”.

Subsec. (d)(4). Pub. L. 116–315, § 1001(c), added par. (4).

Subsec. (h). Pub. L. 116–315, § 1001(d), added subsec. (h).

2019

Subsec. (b)(4)(A)(i). Pub. L. 116–36 substituted “at least the standard 120 semester (or 180 quarter) credit hours” for “more than the standard 128 semester (or 192 quarter) credit hours” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 1002(b)(4) of Pub. L. 116–315 effective immediately after the amendments made by section 105 of Pub. L. 115–48 [amendments effective ] and applicable with respect to a quarter, semester, or term, commencing on or after , see section 1002(c) of Pub. L. 116–315, set out as a note under section 3311 of this title.

Effective Date

Pub. L. 115–48, title I, § 111(c), , 131 Stat. 983, provided that: “Section 3320 of title 38, United States Code, shall take effect on .”

Credits

2017–2021 · 3 acts
  1. 2017Added Pub. L. 115–48, title I, § 111(a), , 131 Stat. 982
  2. 2019amended Pub. L. 116–36, § 1, , 133 Stat. 1048
  3. 2021Pub. L. 116–315, title I, §§ 1001, 1002(b)(4), , 134 Stat. 4937, 4938.
Show as published

(Added Pub. L. 115–48, title I, § 111(a), , 131 Stat. 982; amended Pub. L. 116–36, § 1, , 133 Stat. 1048; Pub. L. 116–315, title I, §§ 1001, 1002(b)(4), , 134 Stat. 4937, 4938.)

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