§298b. Definitions

For purposes of this subchapter-

(1) The term "State" means a State, the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the Virgin Islands, or the Trust Territory of the Pacific Islands.

(2) The term "school of nursing" means a collegiate, associate degree, or diploma school of nursing in a State.

(3) The term "collegiate school of nursing" means a department, division, or other administrative unit in a college or university which provides primarily or exclusively a program of education in professional nursing and allied subjects leading to the degree of bachelor of arts, bachelor of science, bachelor of nursing, or to an equivalent degree, or to a graduate degree in nursing, and including advanced training related to such program of education provided by such school, but only if such program, or such unit, college, or university is accredited.

(4) The term "associate degree school of nursing" means a department, division, or other administrative unit in a junior college, community college, college, or university which provides primarily or exclusively a two-year program of education in professional nursing and allied subjects leading to an associate degree in nursing or to an equivalent degree, but only if such program, or such unit, college, or university is accredited.

(5) The term "diploma school of nursing" means a school affiliated with a hospital or university, or an independent school, which provides primarily or exclusively a program of education in professional nursing and allied subjects leading to a diploma or to equivalent indicia that such program has been satisfactorily completed, but only if such program, or such affiliated school or such hospital or university or such independent school is accredited.

(6) The term "accredited" when applied to any program of nurse education means a program accredited by a recognized body or bodies, or by a State agency, approved for such purpose by the Secretary of Education and when applied to a hospital, school, college, or university (or a unit thereof) means a hospital, school, college, or university (or a unit thereof) which is accredited by a recognized body or bodies, or by a State agency, approved for such purpose by the Secretary of Education, except that a school of nursing seeking an agreement under subpart II of part B of this subchapter for the establishment of a student loan fund, which is not, at the time of the application under such subpart, eligible for accreditation by such a recognized body or bodies or State agency, shall be deemed accredited for purposes of such subpart if the Secretary of Education finds, after consultation with the appropriate accreditation body or bodies, that there is reasonable assurance that the school will meet the accreditation standards of such body or bodies prior to the beginning of the academic year following the normal graduation date of students who are in their first year of instruction at such school during the fiscal year in which the agreement with such school is made under such subpart; except that the provisions of this clause shall not apply for purposes of section 297d of this title. For the purpose of this paragraph, the Secretary of Education shall publish a list of recognized accrediting bodies, and of State agencies, which the Secretary of Education determines to be reliable authority as to the quality of education offered.

(7) The term "nonprofit" as applied to any school, agency, organization, or institution means one which is a corporation or association, or is owned and operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(8) The term "secondary school" means a school which provides secondary education, as determined under State law except that it does not include any education provided beyond grade 12.

(9) The terms "construction" and "cost of construction" include (A) the construction of new buildings, and the acquisition, expansion, remodeling, replacement, and alteration of existing buildings, including architects' fees, but not including the cost of acquisition of land (except in the case of acquisition of an existing building), off-site improvements, living quarters, or patient-care facilities, and (B) equipping new buildings and existing buildings, whether or not acquired, expanded, remodeled, or altered. For purposes of this paragraph, the term "buildings" includes interim facilities.

(10) The term "interim facilities" means teaching facilities designed to provide teaching space on a short-term (less than ten years) basis while facilities of a more permanent nature are being planned and constructed.

(11) The term "medically underserved community" has the meaning given such term in section 295p of this title.

(July 1, 1944, ch. 373, title VIII, §853, formerly §843, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 918 ; amended Oct. 22, 1965, Pub. L. 89–290, §5(b), 79 Stat. 1058 ; Aug. 16, 1968, Pub. L. 90–490, title II, §§203, 204, 213, 231, 82 Stat. 780 , 783, 787; Nov. 18, 1971, Pub. L. 92–158, §2(d)(1), (2), 85 Stat. 467 , 468; renumbered §853 and amended July 29, 1975, Pub. L. 94–63, title IX, §941(k)(1), (3), 89 Stat. 366 , 367; July 10, 1979, Pub. L. 96–32, §7(k), 93 Stat. 84 ; Aug. 13, 1981, Pub. L. 97–35, title XXVII, §2759(b), 95 Stat. 932 ; Aug. 16, 1985, Pub. L. 99–92, §9(e), (f), 99 Stat. 402 ; Oct. 13, 1992, Pub. L. 102–408, title II, §202(b), 106 Stat. 2071 .)

Amendments

1992-Par. (11). Pub. L. 102–408 added par. (11).

1985-Par. (1). Pub. L. 99–92, §9(e), substituted "Commonwealth of the Northern Mariana Islands" for "Canal Zone".

Par. (6). Pub. L. 99–92, §9(f), amended par. (6) generally, substituting provisions relating to accreditation of a school of nursing seeking an agreement under subpart II of part B for the establishment of a student loan fund not eligible for accreditation under such subpart for provisions relating to accreditation of a program, or a hospital, school, college, or university (or a unit thereof) for purposes of this subchapter not eligible for accreditation at the time of application under this subchapter.

1981-Par. (2). Pub. L. 97–35, §2759(b)(1), inserted "in a State" after "nursing".

Par. (6). Pub. L. 97–35, §2759(b)(2), substituted "Secretary" for "Commissioner" wherever appearing.

1979-Par. (6). Pub. L. 96–32 substituted "this clause" for "this clause (3)".

1975-Pars. (1) to (5). Pub. L. 94–63, §941(k)(3)(E), redesignated subsecs. (a) to (e) as pars. (1) to (5), respectively.

Par. (6). Pub. L. 94–63, §941(k)(3)(A)–(G), redesignated subsec. (f) as par. (6), inserted "subpart I of" after "the case of an applicant under", redesignated cls. (1) to (3) as (A) to (C) and subcls. (A) and (B) as (i) and (ii), substituted "section 297a of this title" for "part B of this subchapter" wherever appearing, and substituted references to sections 810 and 838 of the Act for references to sections 806 and 825, which had previously been translated as sections 296e and 297d of this title, respectively, requiring no further translations in text as a result of the renumbering of the Public Health Service Act.

Pars. (7), (8). Pub. L. 94–63, §941(k)(3)(E), redesignated subsecs. (g) and (h) as pars. (7) and (8), respectively.

Par. (9). Pub. L. 94–63, §941(k)(3)(E), (H), redesignated subsec. (i) as par. (9) and substituted "(A)" for "(1)" and "(B)" for "(2)".

Par. (10). Pub. L. 94–63, §941(k)(3)(E), redesignated subsec. (j) as par. (10).

1971-Subsec. (i). Pub. L. 92–158, §2(d)(1), defined "buildings" as including interim facilities.

Subsec. (j). Pub. L. 92–158, §2(d)(2), added subsec. (j).

1968-Subsec. (a). Pub. L. 90–490, §203, included Trust Territory of the Pacific Islands in term "State".

Subsec. (c). Pub. L. 90–490, §§204, 231(a), (c), defined "collegiate school of nursing" as one also providing advanced training related to the program of education provided by such school, substituted "a program" for "an accredited program", and required that the program, unit, college, or university be accredited, respectively.

Subsec. (d). Pub. L. 90–490, §231(b), (d), substituted "a two-year program" for "an accredited two-year program" and required that the program, unit, college, or university be accredited, respectively.

Subsec. (e). Pub. L. 90–490, §231(a), (e), substituted "a program" for "an accredited program" and required that the program, affiliated school, hospital, university, or independent school be accredited, respectively.

Subsec. (f). Pub. L. 90–490, §231(f), (g), amended text preceding cl. (1) to authorize program accreditation by a State agency, to define "accredited" when applied to a hospital, school, college, or university, struck out "or a program accredited for the purpose of this subchapter by the Commissioner of Education" before ", except that a program" and "by the school which provides or will provide such programs" before ", eligible for accreditation", and inserted ", or a hospital, school, college, or university (or a unit thereof)," after "except that a program" and ", or the hospital, school, college, or university (or a unit thereof)," after "reasonable assurance that the program"; and inserted last sentence requiring Commissioner to publish a list of recognized accrediting bodies, and of State agencies, which he determines to be reliable authority as to quality of training offered, respectively.

Subsec. (f)(2). Pub. L. 90–490, §213, substituted "section 296e of this title for any fiscal year, prior to the beginning of the first academic year following the normal graduation date of the class which is the entering class for such fiscal year (or is the first such class in such year if there is more than one)" for "section 296d of this title for a project to strengthen, improve, or expand its programs to teach and train nurses, prior to or upon completion of the project with respect to which the application is filed".

1965-Subsec. (f). Pub. L. 89–290 inserted "or a program accredited for the purpose of this subchapter by the Commissioner of Education", and substituted "new school (which shall include a school that has not had a sufficient period of operation to be eligible for accreditation), (A) upon completion of such project and other construction projects (if any) then under construction or planned and to be commenced within a reasonable time, or (B) if later, then prior to the beginning of the first academic year following the normal graduation date of the first entering class in such school" for "new school, prior to or upon completion of the facility with respect to which the application is filed".

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–92 effective Oct. 1, 1985, see section 10(a) of Pub. L. 99–92, set out as a note under section 296k of this title.

Effective Date of 1975 Amendment

Amendment by Pub. L. 94–63 effective July 1, 1975, see section 942 of Pub. L. 94–63, set out as a note under section 296a of this title.

Effective Date of 1968 Amendment

Section 205 of Pub. L. 90–490 provided that: "The amendments made by sections 201 and 204 [amending this section and sections 296 and 296a of this title] shall apply with respect to appropriations for fiscal years ending after June 30, 1969."

Section 214 of Pub. L. 90–490 provided that: "The amendments made by the preceding provisions of this part [enacting sections 296f and 296g of this title and amending this section and sections 296d and 296e of this title] shall apply with respect to appropriations for fiscal years ending after June 30, 1969."

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Section Referred to in Other Sections

This section is referred to in sections 293a, 293b, 294o of this title; title 20 section 1132i–1.