SUBCHAPTER VI—NURSE EDUCATION
Amendments
1985—Pub. L. 99–92, §9(b)(3), Aug. 16, 1985, 99 Stat. 400, substituted "NURSE EDUCATION" for "NURSE TRAINING" in subchapter VI heading.
Subchapter Referred to in Other Sections
This subchapter is referred to in sections 235, 295o, 300l–2, 12604 of this title; title 38 section 8201.
Part A—Special Projects
Amendments
1985—Pub. L. 99–92, §9(b)(1), (2), Aug. 16, 1985, 99 Stat. 400, substituted "Special Projects" for "Assistance for Expansion and Improvement of Nurse Training" as part A heading, and struck out headings for subparts I, II, III, and IV of part A which read as follows: "Subpart I—Construction Assistance", "Subpart II—Capitation Grants", "Subpart III—Financial Distress Grants", and "Subpart IV—Special Projects".
Section 296, act July 1, 1944, ch. 373, title VIII, §801 as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 908; amended Nov. 3, 1966, Pub. L. 89–751, §8(a), 80 Stat. 1236; Aug. 16, 1968, Pub. L. 90–490, title II, §201(a), 82 Stat. 780; Nov. 18, 1971, Pub. L. 92–158, §2(a), 85 Stat. 465; July 29, 1975, Pub. L. 94–63, title IX, §§902(a), 910(a)(1), 89 Stat. 354, 355; Sept. 29, 1979, Pub. L. 96–76, title I, §102, 93 Stat. 579, authorized appropriations for construction grants.
Section 296a, act July 1, 1944, ch. 373, title VIII, §802, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 909; amended Aug. 16, 1968, Pub. L. 90–490, title II, §201(b), 82 Stat. 780; Nov. 18, 1971, Pub. L. 92–158, §§2(d)(3), (e), (f), 13, 85 Stat. 468, 480; July 29, 1975, Pub. L. 94–63, title IX, §§910(a)(2), 941(a), 89 Stat. 355, 363, related to time of submission, determinations, etc., respecting applications for construction grants.
Section 296b, act July 1, 1944, ch. 373, title VIII, §803, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 911; amended Aug. 16, 1968, Pub. L. 90–490, title II, §202, 82 Stat. 780; Nov. 18, 1971, Pub. L. 92–158, §§2(b), 13, 85 Stat. 465, 480; July 29, 1975, Pub. L. 94–63, title IX, §941(b), 89 Stat. 364, set forth provisions relating to amount of construction grant.
Effective Date of Repeal
Repeal effective Oct. 1, 1985, see section 10(a) of Pub. L. 99–92, set out as an Effective Date of 1985 Amendment note under section 296k of this title.
Effective Date of 1975 Amendment
Section 905 of Pub. L. 94–63 provided that: "Except as may otherwise be specifically provided, the amendments made by this part [part B (§§905–937) of title IX of Pub. L. 94–63, enacting sections 296j to 296m of this title, amending sections 296, 296a, 296d, 296e, 297 to 297c, 297e, and 297j of this title, repealing sections 296d, 296g, 296i, 297f, and 298c–7 of this title, and enacting provisions set out as notes under sections 296, 296a, 296d, 296e, 296m, 297, 297b, and 297f of this title] shall take effect July 1, 1975. The amendments made by this part to provisions of title VIII of the Public Health Service Act [this subchapter] (hereinafter in this part referred to as the 'Act') are made to such provisions as amended by part A of this title [amending sections 296, 296d, 296e, 296g, 296i, 297j, and 298c–7 of this title]."
Section 942 of Pub. L. 94–63 provided that: "The amendments made by section 941 [enacting section 298b–3 of this title, amending sections 296a to 296d, 296f, 297a to 297e, 297g to 297k, 298, and 298b of this title, and repealing section 298c–8 of this title] shall take effect July 1, 1975. Except as otherwise specifically provided, the amendments made by section 941 to provisions of title VIII of the Act [this subchapter] are made to such provisions as in effect July 1, 1975, and as amended by part B of this title [see note set out above]."
Short Title
For short title of Pub. L. 88–581, which enacted this subchapter, as the "Nurse Training Act of 1964", see section 1 of Pub. L. 88–581, set out as a Short Title of 1964 Amendments note under section 201 of this title.
Study Respecting Determinations of Need for Continued Support of Specific Nursing Education Programs, Practice of Nursing in Medically Underserved Areas, and Maintenance or Re-Entry of Nurses Into Profession; Conduct of Study; Report to Congressional Committees on Recommendations
Section 113 of Pub. L. 96–76, as amended by S. Res. 30, Mar. 7, 1979; H. Res. 549, Mar. 25, 1980; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695, directed Secretary of Health and Human Services to arrange for a study to determine (1) the need to continue a specific program of Federal financial support for nursing education, (2) the reasons nurses do not practice in medically underserved areas and to develop recommendations for actions which could be taken to encourage nurses to practice in such areas, and (3) the rate at which and the reasons for which nurses leave the nursing profession and to develop recommendations for actions which could be taken to encourage nurses to remain or re-enter the nursing profession, including actions involving practice settings conducive to the retention of nurses, and further directed Secretary to request the National Academy of Sciences to conduct such study, and if the Academy refused such request, to make arrangements with another appropriate public or nonprofit private entity to conduct such study, and further provided for submission to Congress of preliminary and final recommendations of such study within two years after the date of arrangement of such study.
Information Respecting Supply and Distribution of and Requirements for Nurses; Determination Procedures; Surveys and Collection of Dates; Annual Report to Congress on Determinations, Etc.; Review by Office of Management and Budget of Report Prior to Submission
Section 951 of Pub. L. 94–63, as amended by Pub. L. 95–623, §12(h), Nov. 9, 1978, 92 Stat. 3457, provided that:
"(a)(1) Using procedures developed in accordance with paragraph (3), the Secretary of Health, Education, and Welfare [now Health and Human Services] (hereinafter in this section referred to as the 'Secretary') shall determine on a continuing basis—
"(A) the supply (both current and projected and within the United States and within each State) of registered nurses, licensed practical and vocational nurses, nurse's aides, registered nurses with advanced training or graduate degrees, and nurse practitioners;
"(B) the distribution within the United States and within each State, of such nurses so as to determine (i) those areas of the United States which are oversupplied or undersupplied, or which have an adequate supply of such nurses in relation to the population of the area, and (ii) the demand for the services which such nurses provide; and
"(C) the current and future requirements for such nurses, nationally and within each State.
"(2) The Secretary shall survey and gather data, on a continuing basis, on—
"(A) the number and distribution of nurses, by type of employment and location of practice;
"(B) the number of nurses who are practicing full time and those who are employed part time, within the United States and within each State;
"(C) the average rates of compensation for nurses, by type of practice and location of practice;
"(D) the activity status of the total number of registered nurses within the United States and within each State;
"(E) the number of nurses with advanced training or graduate degrees in nursing, by specialty, including nurse practitioners, nurse clinicians, nurse researchers, nurse educators, and nurse supervisors and administrators; and
"(F) the number of registered nurses entering the United States annually from other nations, by country of nurse training and by immigrant status.
"(3) Within six months of the date of the enactment of this Act [July 29, 1975], the Secretary shall develop procedures for determining (on both a current and projected basis) the supply and distribution of and requirements for nurses within the United States and within each State.
"(b) Not later than October 1, 1979, and October 1 of each odd-numbered year thereafter, the Secretary shall report to the Congress—
"(1) his determinations under subsection (a)(1) and the data gathered under subsection (a)(2);
"(2) an analysis of such determination and data; and
"(3) recommendations for such legislation as the Secretary determines, based on such determinations and data, will achieve (A) an equitable distribution of nurses within the United States and within each State, and (B) adequate supplies of nurses within the United States and within each State.
"(c) The Office of Management and Budget may review the Secretary's report under subsection (b) before its submission to the Congress, but the Office may not revise the report or delay its submission, and it may submit to the Congress its comments (and those of other departments or agencies of the Government) respecting such report."
§296c. Transferred
Codification
Section, act July 1, 1944, ch. 373, title VIII, §804, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 911; amended Nov. 18, 1971, Pub. L. 92–158, §§2(d)(3), 13, 85 Stat. 468, 480; July 29, 1975, Pub. L. 94–63, title IX, §941(c), 89 Stat. 364, which related to recovery of payments of funds by United States for construction of facilities, was renumbered section 858 of act July 1, 1944, by Pub. L. 99–92 and transferred to section 298b–5 of this title.
Section 296d, act July 1, 1944, ch. 373, title VIII, §805, formerly §809, as added Nov. 18, 1971, Pub. L. 92–158, §2(c), 85 Stat. 465; renumbered §805 and amended July 29, 1975, Pub. L. 94–63, title IX, §§902(d), 910(b)(1)(A), (B)(i), (2), (c), 911(b), 941(d), 89 Stat. 355, 356, 364; Sept. 29, 1979, Pub. L. 96–76, title I, §103, 93 Stat. 579, related to applications, amounts, etc., for loan guarantees and interest subsidies for construction of training facilities by nonprofit nursing schools.
A prior section 296d, act July 1, 1944, ch. 373, title VIII, §805, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 912; amended Aug. 16, 1968, Pub. L. 90–490, title II, §§211, 215, 82 Stat. 780, 783; Nov. 18, 1971, Pub. L. 92–158, §3(b), 85 Stat. 469, relating to special project grants and contracts for nurse training programs, was repealed by Pub. L. 94–63, title IX, §922, July 29, 1975, 89 Stat. 359, eff. July 1, 1975.
Section 296e, act July 1, 1944, ch. 373, title VIII, §810, formerly §806, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 912; amended Dec. 5, 1967, Pub. L. 90–174, §12(a), 81 Stat. 541; Aug. 16, 1968, Pub. L. 90–490, title II, §211, 82 Stat. 781; Nov. 18, 1971, Pub. L. 92–158, §4(a), 85 Stat. 470; renumbered §810 and amended July 29, 1975, Pub. L. 94–63, title IX, §§902(b), 915(a)–(c), 916(a), (b), 941(e), 89 Stat. 354, 356, 358, 365; Aug. 1, 1977, Pub. L. 95–83, title III, §307(o)(1)–(4), 91 Stat. 393; Sept. 29, 1979, Pub. L. 96–76, title I, §104, 93 Stat. 579, set forth provisions relating to computation, requirements, etc., respecting grants for institutional support.
Section 296f, act July 1, 1944, ch. 373, title VIII, §811, formerly §807, as added Aug. 16, 1968, Pub. L. 90–490, title II, §212, 82 Stat. 782; amended Nov. 18, 1971, Pub. L. 92–158, §4(c), 85 Stat. 475; renumbered §811 and amended July 29, 1975, Pub. L. 94–63, title IX, §941(f), 89 Stat. 365, related to filing dates, etc., for applications for grants.
Effective Date of Repeal
Repeal effective Oct. 1, 1985, see section 10(a) of Pub. L. 99–92, set out as an Effective Date of 1985 Amendment note under section 296k of this title.
Section, act July 1, 1944, ch. 373, title VIII, §808, as added Aug. 16, 1968, Pub. L. 90–490, title II §212, 82 Stat. 783; amended Nov. 18, 1971, Pub. L. 92–158, §3(a), 85 Stat. 469; July 29, 1975, Pub. L. 94–63, title IX, §902(c), 89 Stat. 354, authorized appropriations for special project grants and contracts and financial distress grants from the fiscal year ending June 30, 1972 through the fiscal year ending June 30, 1975.
Effective Date of Repeal
Repeal effective July 1, 1975, see section 905 of Pub. L. 94–63, set out as an Effective Date of 1975 Amendment note under section 296 of this title.
§296h. Transferred
Codification
Section, act July 1, 1944, ch. 373, title VIII, §809, as added Nov. 18, 1971, Pub. L. 92–158, §2(c), 85 Stat. 465, which related to loan guarantees and interest subsidies for construction of training facilities by nonprofit nursing schools, was renumbered section 805 of act July 1, 1944, by Pub. L. 94–63 and transferred to section 296d of this title.
Section, act July 1, 1944, ch. 373, title VIII, §810, as added Nov. 18, 1971, Pub. L. 92–158, §4(b), 85 Stat. 474; amended July 29, 1975, Pub. L. 94–63, title IX, §902(e), 89 Stat. 355, authorized grants for start-up programs for new nurse training programs, and set out prerequisites, etc.
Effective Date of Repeal
Repeal effective July 1, 1975, see section 905 of Pub. L. 94–63, set out as an Effective Date of 1975 Amendment note under section 296 of this title.
Section, act July 1, 1944, ch. 373, title VIII, §815, as added July 29, 1975, Pub. L. 94–63, title IX, §921, 89 Stat. 358; amended Aug. 13, 1981, Pub. L. 97–35, title XXVII, §2752, 95 Stat. 929, set forth provisions relating to authorization, terms and conditions, etc., respecting grants for operational costs or meeting accreditation requirements.
Effective Date of Repeal
Repeal effective Oct. 1, 1985, see section 10(a) of Pub. L. 99–92, set out as an Effective Date of 1985 Amendment note under section 296k of this title.
subpart i—special projects in general
Prior Provisions
A prior Subpart I related to construction assistance and consisted of sections 296 to 296d of this title, prior to repeal or transfer by Pub. L. 99–92.
§296k. Special project grants and contracts
(a) Expansion of enrollment in professional nursing programs
(1) In general
The Secretary may make grants to and enter into contracts with public and nonprofit private schools of nursing with programs of education in professional nursing for the purpose of assisting the schools in increasing the number of students enrolled in such programs. Such a grant or contract may be made only with respect to such programs that are in operation on October 13, 1992.
(2) Preference
In making awards of grants and contracts under paragraph (1), the Secretary shall give preference to any qualified school that provides students of the school with clinical training in the provision of primary health care in publicly-funded—
(A) urban or rural outpatient facilities, home health agencies, or public health agencies; or
(B) rural hospitals.
(3) Matching funds
(A) With respect to the costs of the program to be carried out by a school pursuant to paragraph (1), the Secretary may provide an award of a grant or contract under such paragraph only if the school agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that—
(i) for the first fiscal year for which the school receives such an award, is not less than $1 for each $9 of Federal funds provided through the award (10 percent of such costs);
(ii) for any second such fiscal year, is not less than $1 for each $3 of Federal funds provided through the award (25 percent of such costs);
(iii) for any third such fiscal year, is not less than $1 for each $1 of Federal funds provided through the award (50 percent of such costs); and
(iv) for any fourth or fifth such fiscal year, is not less than $3 for each $1 of Federal funds provided through the award (75 percent of such costs).
(B) Non-Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.
(b) Primary health care in noninstitutional settings
(1) In general
The Secretary may make grants to and enter into contracts with public and nonprofit private schools of nursing for the establishment or expansion of nursing practice arrangements in noninstitutional settings to demonstrate methods to improve access to primary health care in medically underserved communities.
(2) Operation and staffing of programs
The Secretary may make an award of a grant or contract under paragraph (1) only if the school involved agrees that the program carried out with the award will be operated and staffed by the faculty and students of the school.
(3) Design
The Secretary may make an award of a grant or contract under paragraph (1) only if the program to be carried out under such paragraph by the school involved is designed to provide at least 25 percent of the students of the school with a structured clinical experience in primary health care.
(c) Continuing education for nurses in medically underserved communities
The Secretary may make grants to and enter into contracts with public and nonprofit private entities for the purpose of providing continuing education for nurses serving in medically underserved communities.
(d) Long-term care fellowships for certain paraprofessionals
(1) In general
The Secretary may make grants to and enter into contracts with public and nonprofit private entities that operate accredited programs of education in professional nursing, or State-board approved programs of practical or vocational nursing, for the purpose of providing fellowships to individuals described in paragraph (2) for attendance in such programs.
(2) Eligible individuals
The individuals referred to in paragraph (1) are individuals who are employed by nursing facilities or home health agencies as nursing paraprofessionals.
(3) Preference for schools with rapid transition programs
In making awards of grants and contracts under paragraph (1), the Secretary shall give preference to any qualified applicant operating an accredited program of education in professional nursing that provides for the rapid transition to status as a professional nurse from status as a nursing paraprofessional.
(4) Preference in award of fellowships
The Secretary may make an award of a grant or contract under paragraph (1) only if the applicant involved agrees that, in providing fellowships under the award, the applicant will give preference to individuals described in paragraph (2) who—
(A) are economically disadvantaged individuals, particularly such individuals who are members of a minority group that is underrepresented among registered nurses; or
(B) are employed by a nursing facility that will assist in paying the costs or expenses described in paragraph (5)(A) with respect to the individuals.
(5) Use of award
The Secretary may make an award of a grant or contract under paragraph (1) only if the applicant involved agrees that fellowships provided with the award will pay all or part of the costs of—
(A) the tuition, books, and fees of the program of nursing with respect to which the fellowship is provided; and
(B) reasonable living expenses of the individual during the period for which the fellowship is provided.
(6) Definitions
For purposes of this section:
(A) The term "home health agency" has the meaning given such term in section 1395x of this title.
(B) The term "nursing facility" has the meaning given such term in section 1396r of this title.
(e) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $10,500,000 for each of the fiscal years 1993 and 1994.
(July 1, 1944, ch. 373, title VIII, §820, as added July 29, 1975, Pub. L. 94–63, title IX, §931(a), 89 Stat. 359; amended Sept. 29, 1979, Pub. L. 96–76, title I, §105, 93 Stat. 579; Aug. 13, 1981, Pub. L. 97–35, title XXVII, §2753(a)(1), (b), 95 Stat. 929; Aug. 16, 1985, Pub. L. 99–92, §3, 99 Stat. 393; Oct. 22, 1985, Pub. L. 99–129, title II, §227(a), 99 Stat. 547; Nov. 4, 1988, Pub. L. 100–607, title VII, §§701(a)(2), (b)–(i), 721(b)(1), 102 Stat. 3153–3156, 3165; Oct. 13, 1992, Pub. L. 102–408, title II, §202(a), 106 Stat. 2069; Oct. 27, 1992, Pub. L. 102–531, title III, §313(a)(9), 106 Stat. 3507.)
Amendments
1992—Pub. L. 102–531, which directed the substitution of "nursing with respect to" for "nursing respect to" in subsec. (d)(5)(A), could not be executed because the phrase "nursing respect to" did not appear in text.
Pub. L. 102–408 amended section generally, substituting present provisions for provisions relating to grants and contracts for special projects including geriatric health education centers, innovative hospital nursing practice models, and long-term nursing practice demonstrations, and further providing for utilization of medical facilities by Federal departments and agencies for nurse training programs, submission and approval of application for grants and contracts, and authorization of appropriations.
1988—Subsec. (a)(1). Pub. L. 100–607, §701(a)(2), (b)(2), redesignated par. (2) as (1) and struck out former par. (1) which related to nursing education opportunities for individuals from disadvantaged backgrounds.
Subsec. (a)(2). Pub. L. 100–607, §701(b)(2), (c), redesignated par. (4) as (2) and amended it generally. Prior to amendment, such par. read as follows: "demonstrate improved geriatric training in preventive care, acute care, and long-term care (including home health care and institutional care);". Former par. (2) redesignated (1).
Subsec. (a)(3). Pub. L. 100–607, §701(b)(2), (d)(1), redesignated par. (5) as (3) and amended it generally. Prior to amendment, such par. read as follows: "help to increase the supply or improve the distribution by geographic area or by specialty group of adequately trained nursing personnel (including nursing personnel who are bilingual) needed to meet the health needs of the Nation, including the need to increase the availability of personal health services and the need to promote preventive health care;".
Pub. L. 100–607, §701(b)(1), struck out former par. (3) which related to appropriate retraining opportunities for nurses who (after periods of professional inactivity) desire again actively to engage in the nursing profession.
Subsec. (a)(4). Pub. L. 100–607, §701(b)(2), (d)(2), redesignated par. (6) as (4) and amended it generally. Prior to amendment, such par. read as follows: "provide training and education to upgrade the skills of licensed vocational or practical nurses, nursing assistants, and other paraprofessional nursing personnel;". Former par. (4) redesignated (2).
Subsec. (a)(5). Pub. L. 100–607, §701(b)(2), redesignated par. (8) as (5). Former par. (5) redesignated (3).
Subsec. (a)(6). Pub. L. 100–607, §701(b)(2), (e), added par. (6) and redesignated former par. (6) as (4).
Subsec. (a)(7). Pub. L. 100–607, §701(b)(1), struck out par. (7) which related to demonstrating clinical nurse education programs which combine educational curricula and clinical practice in health care delivery organizations, including acute care facilities, long-term care facilities, and ambulatory care facilities.
Subsec. (a)(8). Pub. L. 100–607, §701(b)(2), redesignated par. (8) as (5).
Subsec. (a)(9). Pub. L. 100–607, §701(b)(2), struck out par. (9) which related to demonstrating methods to encourage nursing graduates to practice in health manpower shortage areas (designated under section 254e of this title) in order to improve the specialty and geographical distribution of nurses in the United States.
Subsecs. (b) to (d). Pub. L. 100–607, §701(f)–(h), added subsecs. (b) to (d) and redesignated former subsecs. (b) to (d) as (e) to (g), respectively.
Subsec. (e). Pub. L. 100–607, §721(b)(1)(A), substituted "Advisory Council on Nurses Education" for "National Advisory Council on Nurse Training".
Pub. L. 100–607, §701(f)(1), redesignated former subsec. (b) as (e).
Subsec. (f). Pub. L. 100–607, §721(b)(1)(B), substituted "Advisory Council on Nurses Education" for "National Advisory Council on Nurse Training".
Pub. L. 100–607, §701(f)(1), redesignated former subsec. (c) as (f).
Subsec. (g). Pub. L. 100–607, §701(i), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows:
"(1) For payments under grants and contracts under paragraphs (1) through (6) of subsection (a) of this section, there are authorized to be appropriated $9,500,000 for the fiscal year ending September 30, 1986, $9,500,000 for the fiscal year ending September 30, 1987, and $9,500,000 for the fiscal year ending September 30, 1988. Of the funds appropriated under this paragraph for any fiscal year beginning after September 30, 1985, not less than 20 percent of the funds shall be obligated for payments under grants and contracts for special projects described in subsection (a)(1) of this section, not less than 20 percent of the funds shall be obligated for payments under grants and contracts for special projects described in subsection (a)(4) of this section, and not less than 10 percent of the funds shall be obligated for payments under grants and contracts for special projects described in subsection (a)(5) of this section.
"(2) For payments under grants and contracts under paragraphs (7), (8), and (9) of subsection (a) of this section, there are authorized to be appropriated $2,700,000 for the fiscal year ending September 30, 1986, $2,700,000 for the fiscal year ending September 30, 1987, and $2,700,000 for the fiscal year ending September 30, 1988. In making grants and entering into contracts with amounts appropriated under this paragraph, the Secretary shall give priority to applications for grants and contracts under paragraph (8) of subsection (a) of this section."
Pub. L. 100–607, §701(f)(1), redesignated former subsec. (d) as (g).
1985—Subsec. (a)(4), (5). Pub. L. 99–129, §227(a)(1), added par. (4) and redesignated former par. (4) as (5).
Subsec. (a)(6) to (9). Pub. L. 99–129, §227(a)(1), redesignated pars. (6) to (8) as pars. (7) to (9), respectively.
Pub. L. 99–92, §3(a), added pars. (6) to (8).
Subsec. (d)(1). Pub. L. 99–129, §227(a)(2)(A), substituted "paragraphs (1) through (6)" for "paragraphs (1) through (5)".
Pub. L. 99–92, §3(b)(1)–(3), redesignated former subsec. (d) as par. (1) and, as so designated, substituted provisions authorizing appropriations under subsec. (a)(1) to (5) for fiscal years ending Sept. 30, 1986, 1987, and 1988, for provisions authorizing appropriations under this section for fiscal year 1976 through fiscal year ending Sept. 30, 1984, and substituted "1985" for "1981", and "this paragraph" for "this subsection".
Subsec. (d)(2). Pub. L. 99–129, §227(a)(2)(B), (C), substituted "paragraphs (7), (8), and (9)" for "paragraphs (6), (7), and (8)", and "paragraph (8)" for "paragraph (7)".
Pub. L. 99–92, §3(b)(4), added par. (2).
1981—Subsec. (a). Pub. L. 97–35, §2753(a)(1), redesignated pars. (3) to (7) as (1) to (5), respectively. Former pars. (1), (2), and (8), which related to assistance leading to establishment of nurse training programs, modification or creation of new nursing programs, and assistance for costs of developing short-term in-service training programs, respectively, were struck out.
Subsec. (d). Pub. L. 97–35, §2753(b)(1), inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1982, 1983, and 1984.
Pub. L. 97–35, §2753(b)(2), substituted provisions respecting obligation of funds for fiscal years beginning after Sept. 30, 1981 for provisions respecting obligation of funds for any fiscal year.
1979—Subsec. (d). Pub. L. 96–76 authorized appropriations of $17,000,000 for fiscal year ending Sept. 30, 1980.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–531 effective immediately after enactment of Pub. L. 102–408, see section 313(c) of Pub. L. 102–531, set out as a note under section 292y of this title.
Effective Date of 1985 Amendment
Section 10 of Pub. L. 99–92 provided that:
"(a) Except as provided in subsection (b), this Act [enacting section 297i of this title, transferring section 296c to section 298b–5 of this title, amending this section, sections 296l, 296m, 297, 297–1, 297a, 297b, 297d, 297e, 298, 298b, and 298b–5 of this title, sections 1332, 1333, 1336, and 1341 of Title 15, Commerce and Trade, and section 6103 of Title 26, Internal Revenue Code, repealing sections 296 to 296b, 296d to 296f, 296j, 297h, and 297j of this title, and enacting provisions set out as notes under sections 201 and 298b–5 of this title and section 1333 of Title 15] and the amendments and repeals made by this Act shall take effect on October 1, 1985.
"(b)(1) The provisions of section 9(c) of this Act [transferring section 296c of this title to section 298b–5 of this title, amending section 298b–5 of this title, and enacting provisions set out as notes under section 298b–5 of this title] and the amendment made by paragraph (1) of such section shall take effect on the date of enactment of this Act [Aug. 16, 1985].
"(2) The amendment made by section 8(a) of this Act [amending section 297a of this title] shall take effect June 30, 1984."
Savings Provision for Current Projects
Section 202(c) of Pub. L. 102–408 provided that: "In the case of any authority for making awards of grants or contracts that is terminated by the amendment made by subsection (a) [amending this section], the Secretary of Health and Human Services may, notwithstanding the termination of the authority, continue in effect any grant or contract made under the authority that is in effect on the day before the date of the enactment of this Act [Oct. 13, 1992], subject to the duration of any such grant or contract not exceeding the period determined by the Secretary in first approving such financial assistance, or in approving the most recent request made (before the date of such enactment) for continuation of such assistance, as the case may be."
Required Assurances Regarding Bloodborne Diseases
Secretary of Health and Human Services may make an award of a grant or contract under this subchapter for provision of traineeships only if applicant provides assurances satisfactory to Secretary that all trainees will, as appropriate, receive instruction in utilization of universal precautions and infection control procedures for prevention of transmission of bloodborne diseases, see section 308 of Pub. L. 102–408, set out as a note under section 295j of this title.
Eligibility To Receive Additional Grants
Section 2753(a)(2) of Pub. L. 97–35 provided that: "Notwithstanding the amendment made by paragraph (1) of this subsection and paragraph (2) of subsection (b) [amending this section], an entity which received a grant or contract under section 820(a) of the Public Health Service Act [subsec. (a) of this section] for the fiscal year ending September 30, 1981, for a project described in paragraph (1), (2), or (8) of such section (as in effect when it received the grant or contract) may receive one additional grant or contract under such section for such project."
§296l. Advanced nurse education
(a) In general
The Secretary may make grants to and enter into contracts with public and nonprofit private collegiate schools of nursing to meet the costs of projects that, in the case of programs described in susbsection 1 (b) of this section—
(1) plan, develop, and operate new such programs; or
(2) significantly expand existing such programs.
(b) Authorized programs
The programs referred to in subsection (a) of this section are programs leading to advanced degrees that prepare nurses to serve as nurse educators or public health nurses, or in other clinical nurse specialties determined by the Secretary to require advanced education.
(c) Funding
(1) Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated $12,000,000 for each of the fiscal years 1993 and 1994.
(2) Limitation
Of the amounts appropriated under paragraph (1), the Secretary may not obligate more than 10 percent for providing grants or contracts under subsection (a) of this section for programs leading to doctoral degrees.
(July 1, 1944, ch. 373, title VIII, §821, as added July 29, 1975, Pub. L. 94–63, title IX, §931(a), 89 Stat. 361; amended Sept. 29, 1979, Pub. L. 96–76, title I, §106, 93 Stat. 579; Aug. 13, 1981, Pub. L. 97–35, title XXVII, §2754, 95 Stat. 930; Aug. 16, 1985, Pub. L. 99–92, §4, 99 Stat. 394; Oct. 22, 1985, Pub. L. 99–129, title II, §227(b), 99 Stat. 548; Nov. 4, 1988, Pub. L. 100–607, title VII, §702, 102 Stat. 3157; Oct. 13, 1992, Pub. L. 102–408, title II, §203, 106 Stat. 2072.)
Amendments
1992—Pub. L. 102–408 amended section generally, substituting present provisions for provisions which authorized grants and contracts for programs to prepare nurses to serve as nurse educators, administrators, or researchers or to serve in clinical nurse specialties, and which further established a priority for projects in geriatric and gerentological nursing, and provided for appropriations through fiscal year 1991.
1988—Subsec. (b). Pub. L. 100–607 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "For payments under grants and contracts under this section, there are authorized to be appropriated $16,500,000 for the fiscal year ending September 30, 1986, $17,000,000 for the fiscal year ending September 30, 1987, and $17,500,000 for the fiscal year ending September 30, 1988."
1985—Subsec. (a). Pub. L. 99–129 inserted at end "In making grants and entering into contracts under this section, the Secretary shall give priority to applications for grants and contracts for education projects in geriatric and gerentological nursing."
Pub. L. 99–92 amended subsec. (a) generally, substituting provisions relating to covered advanced nurse education programs, for provisions relating to covered advanced nurse training programs.
Subsec. (b). Pub. L. 99–92 amended subsec. (b) generally, substituting provisions relating to authorizing appropriations for fiscal years ending Sept. 30, 1986, 1987, and 1988, for provisions relating to authorizing appropriations for fiscal year 1975 through fiscal year ending Sept. 30, 1984.
1981—Subsec. (a). Pub. L. 97–35, §2754(a), (c), substituted "to teach" for "to each", which for purposes of codification had already been substituted, and "(1)", "(2)", and "(3)" for "(A)", "(B)", and "(C)", respectively, and struck out "(1)" after "(a)".
Subsec. (b). Pub. L. 97–35, §2754(b), inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1982, 1983, and 1984.
1979—Subsec. (b). Pub. L. 96–76 authorized appropriations of $13,500,000 for fiscal year ending Sept. 30, 1980.
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.
Section Referred to in Other Sections
This section is referred to in section 298b–7 of this title.
§296m. Nurse practitioner and nurse midwife programs
(a) In general
The Secretary may make grants to and enter into contracts with public and nonprofit private schools of nursing or other public and nonprofit private entities to meet the costs of projects that, with respect to programs described in subsection (b) of this section—
(1) plan, develop, and operate new such programs; or
(2) maintain or significantly expand existing such programs.
(b) Authorized programs
(1) In general
The programs referred to in subsection (a) of this section are educational programs for registered nurses (irrespective of the type of school of nursing in which the nurses received their training) that—
(A) meet guidelines prescribed by the Secretary in accordance with paragraph (2); and
(B) have as their objective the education of nurses who will, upon completion of their studies in such programs, be qualified to effectively provide primary health care, including primary health care in homes and in ambulatory care facilities, long-term care facilities and other health care institutions.
(2) Guidelines
After consultation with appropriate educational organizations and professional nursing and medical organizations, the Secretary shall prescribe guidelines for programs described in paragraph (1). Such guidelines shall, as a minimum, require that such a program—
(A) extend for at least one academic year and consist of—
(i) supervised clinical practice directed toward preparing nurses to deliver primary health care; and
(ii) at least four months (in the aggregate) of classroom instruction that is so directed; and
(B) have an enrollment of not less than six full-time equivalent students.
(c) Certain considerations in making awards
(1) Preference
In making awards of grants and contracts under subsection (a) of this section, the Secretary shall give preference to any qualified applicant that, with respect to programs described in subsection (b) of this section, agrees to expend the award to plan, develop, and operate new such programs or to significantly expand existing such programs.
(2) Special consideration
In making awards of grants and contracts under subsection (a) of this section, the Secretary shall give special consideration to qualified applicants that agree to expend the award to train individuals as nurse practitioners and nurse midwives who will practice in health professional shortage areas designated under section 254e of this title.
(d) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $20,000,000 for each of the fiscal years 1993 and 1994.
(July 1, 1944, ch. 373, title VIII, §822, as added July 29, 1975, Pub. L. 94–63, title IX, §931(a), 89 Stat. 361; amended Aug. 1, 1977, Pub. L. 95–83, title III, §307(o)(5)(A), 91 Stat. 393; Sept. 29, 1979, Pub. L. 96–76, title I, §107, 93 Stat. 579; Aug. 13, 1981, Pub. L. 97–35, title XXVII, §2755, 95 Stat. 930; Aug. 16, 1985, Pub. L. 99–92, §5, 99 Stat. 394; Oct. 22, 1985, Pub. L. 99–129, title II, §227(c), 99 Stat. 548; Nov. 4, 1988, Pub. L. 100–607, title VII, §703, 102 Stat. 3157; Aug. 16, 1989, Pub. L. 101–93, §5(q), 103 Stat. 614; Nov. 16, 1990, Pub. L. 101–597, title IV, §401(b)[(a)], 104 Stat. 3035; Oct. 13, 1992, Pub. L. 102–408, title II, §204, 106 Stat. 2072.)
Amendments
1992—Pub. L. 102–408 amended section generally, substituting present provisions for provisions outlining covered costs in nurse practitioner and midwife programs, providing for traineeship programs for nurse practitioners and midwives, setting out required assurances in applications for grants or contracts for the practitioner and midwife programs, and authorizing of appropriations.
1990—Subsecs. (a)(1), (b)(1), (3). Pub. L. 101–597 substituted reference to health professional shortage area for reference to health manpower shortage area.
1989—Subsec. (b)(3). Pub. L. 101–93 inserted period at end.
1988—Subsec. (a)(2)(B)(ii). Pub. L. 100–607, §703(a), substituted "six full-time equivalent students" for "eight students".
Subsec. (b)(3). Pub. L. 100–607, §703(b), substituted "254e of this title), in an Indian Health Service health center, in a Native Hawaiian health center, in a public health care facility, in a migrant health center (as defined in section 254b(a)(1) of this title), in a rural health clinic (as defined in section 1395x(aa)(2) of this title), or in a community health center (as defined in section 254c(a) of this title)" for "254e of this title) or in a public health care facility for a period equal to one month for each month for which the recipient receives such a traineeship."
Subsec. (c). Pub. L. 100–607, §703(c)(1), inserted "under subsection (a) or (b) of this section" after "operate a program".
Pub. L. 100–607, §703(c)(2), which directed the substitution of "midwives unless the application" for "midwives unless this application", could not be executed, because the phrase already appears as "midwives unless the application" in text.
Subsec. (d). Pub. L. 100–607, §703(d), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "For payments under grants and contracts under this section, there are authorized to be appropriated $12,000,000 for the fiscal year ending September 30, 1986, $12,000,000 for the fiscal year ending September 30, 1987, and $12,000,000 for the fiscal year ending September 30, 1988."
1985—Pub. L. 99–92, §5(f), inserted reference to nurse midwife programs in section catchline.
Subsec. (a)(1). Pub. L. 99–129 inserted "(particularly problems in the delivery of preventive care, acute care, and long-term care (including home health care and institutional care) to such patients)" after "geriatric patients".
Pub. L. 99–92, §5(a)(1), amended par. (1) generally, substituting provisions relating to programs for the education of nurse practitioners and nurse midwives for provisions relating to programs for the training of nurse practitioners.
Subsec. (a)(2)(A). Pub. L. 99–92, §5(a)(2)(A), amended subpar. (A) generally, substituting provisions defining "programs for the education of nurse practitioners and nurse midwives" for provisions defining "programs for the training of nurse practitioners".
Subsec. (a)(2)(B). Pub. L. 99–92, §5(a)(2)(B), (C), substituted "education of nurse practitioners and nurse midwives" for "training of nurse practitioners".
Subsec. (b)(1). Pub. L. 99–92, §5(b)(1), (2), inserted requirement that schools of medicine receive grants or contracts prior to Oct. 1, 1985, and applicability to nurse midwives.
Subsec. (b)(3). Pub. L. 99–92, §5(b)(3), (4), inserted applicability to a nurse midwife, and to practice in a public health care facility.
Subsec. (c). Pub. L. 99–92, §5(c), substituted "education of nurse practitioners and nurse midwives" for "training of nurse practitioners".
Subsecs. (d), (e). Pub. L. 99–92, §5(d), (e), redesignated subsec. (e) as (d) and amended it generally, substituting authorization of appropriations for fiscal years 1986 through 1988 for authorization of appropriations for fiscal years 1976 through 1984. Former subsec. (d), relating to additional covered costs, was struck out.
1981—Subsec. (b). Pub. L. 97–35, §2755(a), (b), in par. (1) inserted provisions respecting consideration of applications for a grant or contract, in par. (3) inserted provisions respecting one month service, and added par. (4).
Subsec. (e). Pub. L. 97–35, §2755(c), inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1982, 1983, and 1984.
1979—Subsec. (e). Pub. L. 96–76 authorized appropriations of $15,000,000 for fiscal year ending Sept. 30, 1980.
1977—Subsec. (a)(1). Pub. L. 95–83, §307(o)(5)(A)(i), inserted "for the training of nurse practitioners who will practice in health manpower shortage areas (designated under section 254e of this title) and" after "contracts for programs".
Subsecs. (b) to (e). Pub. L. 95–83, §307(o)(5)(A)(ii), added subsec. (b) and redesignated former subsecs. (b) to (d) as (c) to (e), respectively.
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 1977 Amendment
Section 307(o)(5)(C) of Pub. L. 95–83 provided that: "The amendments made by this paragraph [amending this section and section 297 of this title] shall be effective as of October 12, 1976."
Guidelines for Nurse Practitioner Training Programs
Section 932 of Pub. L. 94–63 required the Secretary of Health, Education, and Welfare to prescribe guidelines for nurse practitioner programs specified in subsec. (a) of this section, within ninety days after July 29, 1975.
Section Referred to in Other Sections
This section is referred to in sections 293j, 297, 298b–7 of this title.
subpart ii—nursing education opportunities for individuals from disadvantaged backgrounds
Prior Provisions
A prior subpart II related to capitation grants and consisted of sections 296e to 296i of this title, prior to repeal by Pub. L. 99–92.
§296r. Special projects
(a) Covered costs
The Secretary may make grants to public and nonprofit private schools of nursing and other public or nonprofit private entities, and enter into contracts with any public or private entity, to meet the costs of special projects to increase nursing education opportunities for individuals from disadvantaged backgrounds, as determined in accordance with criteria prescribed by the Secretary—
(1) by identifying, recruiting, and selecting such individuals,
(2) by facilitating the entry of such individuals into schools of nursing,
(3) by providing counseling or other services designed to assist such individuals to complete successfully their nursing education,
(4) by providing, for a period prior to the entry of such individuals into the regular course of education at a school of nursing, preliminary education designed to assist them to complete successfully such regular course of education,
(5) by paying such stipends (including allowances for travel and dependents) as the Secretary may determine for such individuals for any period of nursing education,
(6) by publicizing, especially to licensed vocational or practical nurses, existing sources of financial aid available to persons enrolled in schools of nursing or who are undertaking training necessary to qualify them to enroll in such schools, and
(7) by providing training, information, or advice to the faculty of such schools with respect to encouraging such individuals to complete the programs of nursing education in which the individuals are enrolled.
(b) Application; contents
No grant or contract may be made under this section unless an application therefor has been submitted to and approved by the Secretary. The Secretary may not approve or disapprove such an application except after consultation with the National Advisory Council on Nurse Education. Such an application shall provide for such fiscal control and accounting procedures and reports, and access to the records of the applicant, as the Secretary may require to assure proper disbursement of and accounting for Federal funds paid to the applicant under this section.
(c) Authorization of appropriations
For payments under grants and contracts under subsection (a) of this section, there are authorized to be appropriated $3,000,000 for fiscal year 1989, $4,000,000 for fiscal year 1990, $5,000,000 for fiscal year 1991, $5,000,000 for fiscal year 1993, and $6,000,000 for fiscal year 1994.
(July 1, 1944, ch. 373, title VIII, §827, as added Nov. 4, 1988, Pub. L. 100–607, title VII, §701(a)(3), 102 Stat. 3153; amended Oct. 13, 1992, Pub. L. 102–408, title II, §205, 106 Stat. 2073.)
Amendments
1992—Subsec. (c). Pub. L. 102–408 struck out "and" after "1990," and inserted before period ", $5,000,000 for fiscal year 1993, and $6,000,000 for fiscal year 1994".
Section Referred to in Other Sections
This section is referred to in section 298b–7 of this title.
Part B—Assistance to Nursing Students
Part Referred to in Other Sections
This part is referred to in title 5 section 5379; title 10 section 16302.
subpart i—traineeships
§297. Traineeships for advanced education of professional nurses
(a) In general
The Secretary may make grants to public and nonprofit private entities to meet the costs of—
(1) traineeships for individuals in advanced-degree programs in order to educate the individuals to serve in and prepare for practice as nurse practitioners, nurse midwives, nurse educators, public health nurses, or in other clinical nursing specialties determined by the Secretary to require advanced education; and
(2) traineeships for participation in certificate nurse midwifery programs that conform to guidelines established by the Secretary under section 296m(b) of this title.
(b) Special consideration in making grants
In making grants for traineeships under subsection (a) of this section, the Secretary shall give special consideration to applications for traineeship programs that conform to guidelines established by the Secretary under section 296m(b)(2) of this title.
(c) Preference in provision of traineeships
The Secretary may make a grant under subsection (a) of this section only if the applicant involved agrees that, in providing traineeships under such subsection, the applicant will give preference to individuals who are residents of health professional shortage areas designated under section 254e of this title.
(d) Eligibility of individuals in master's degree programs
The Secretary may make a grant under subsection (a) of this section only if the applicant involved agrees that the applicant will not provide a traineeship under such subsection to an individual enrolled in a masters of nursing program unless the individual has completed basic nursing preparation, as determined by the applicant.
(e) Use of grant
The Secretary may make a grant under subsection (a) of this section only if the applicant involved agrees that traineeships provided with the grant will pay all or part of the costs of—
(A) the tuition, books, and fees of the program of nursing with respect to which the traineeship is provided; and
(B) reasonable living expenses of the individual during the period for which the traineeship is provided.
(f) Funding
(1) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $20,000,000 for each of the fiscal years 1993 and 1994.
(2) Limitation regarding certain traineeships
Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary may not obligate more than 10 percent for providing traineeships under subsection (a) of this section for individuals in doctoral degree programs.
(July 1, 1944, ch. 373, title VIII, §830, formerly §821, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 913; amended Aug. 16, 1968, Pub. L. 90–490, title II, §221, 82 Stat. 783; July 9, 1971, Pub. L. 92–52, §5, 85 Stat. 145; Nov. 18, 1971, Pub. L. 92–158, §§5, 13, 85 Stat. 475, 480; renumbered §830 and amended July 29, 1975, Pub. L. 94–63, title IX, §§935, 941(g)(2), 89 Stat. 362, 365; Oct. 12, 1976, Pub. L. 94–484, title IX, §901, 90 Stat. 2323; Aug. 1, 1977, Pub. L. 95–83, title III, §307(o)(5)(B), 91 Stat. 394; Sept. 29, 1979, Pub. L. 96–76, title I, §108, 93 Stat. 579; Aug. 13, 1981, Pub. L. 97–35, title XXVII, §2756, 95 Stat. 931; Aug. 16, 1985, Pub. L. 99–92, §6, 99 Stat. 395; Nov. 4, 1988, Pub. L. 100–607, title VII, §711, 102 Stat. 3159; Oct. 13, 1992, Pub. L. 102–408, title II, §206, 106 Stat. 2073; June 10, 1993, Pub. L. 103–43, title XX, §2014(f), 107 Stat. 217.)
Amendments
1993—Subsec. (a). Pub. L. 103–43 substituted "meet the costs of—" for "meet the cost of", inserted "(1), and added par. (2).
1992—Pub. L. 102–408 amended section generally, substituting present provisions for provisions authorizing grants to cover costs of traineeships for education of professional nurses, including post-baccalaureate fellowships for faculty of schools of nursing and traineeships for certain part-time students in advanced nursing programs, and authorizing appropriations.
1988—Subsec. (c). Pub. L. 100–607, §711(a), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 100–607, §711, redesignated former subsec. (c) as (d) and amended it generally. Prior to amendment, such subsec. read as follows:
"(1) There are authorized to be appropriated for the purposes of subsection (a) of this section $11,500,000 for the fiscal year ending September 30, 1986, $12,250,000 for the fiscal year ending September 30, 1987, and $13,000,000 for the fiscal year ending September 30, 1988. Priority in the award of traineeships under subsection (a)(1)(A)(i) of this section shall go to nurse midwife trainees.
"(2) There are authorized to be appropriated for the purposes of subsection (b) of this section $1,100,000 for the fiscal year ending September 30, 1986, $1,100,000 for the fiscal year ending September 30, 1987, and $1,100,000 for the fiscal year ending September 30, 1988."
1985—Pub. L. 99–92, §6(b)(7), substituted "education" for "training" in section catchline.
Subsec. (a)(1). Pub. L. 99–92, §6(a), amended par. (1) generally, substituting provisions relating to costs of traineeships for nurses in masters' degree and doctoral degree programs and traineeships to educate nurses for practice as nurse midwives for provisions relating to costs of traineeships for the training of professional nurses for teaching and service.
Subsec. (b). Pub. L. 99–92, §6(b)(1), (6), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 99–92, §6(b)(1)–(5), redesignated former subsec. (b) as par. (1) and substituted provisions authorizing appropriations for fiscal years ending Sept. 30, 1986, 1987, and 1988, for provisions authorizing appropriations for fiscal year ending June 30, 1976, through fiscal year ending Sept. 30, 1984, and minimum amounts required to be obligated for traineeships, struck out provision relating to obligation of not less than 25 percent of the funds appropriated under subsec. (c) for traineeships described in subsec. (a)(1)(A), and added par. (2).
1981—Subsec. (b). Pub. L. 97–35 inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1982, 1983, and 1984, and relating to priorities for obligation of funds.
1979—Subsec. (b). Pub. L. 96–76 authorized appropriations of $15,000,000 for fiscal year ending Sept. 30, 1980.
1977—Subsec. (a)(2). Pub. L. 95–83, §307(o)(5)(B)(1), struck out "(A) for the training of nurse practitioners who will practice in health manpower shortage areas (designated under section 254e of this title), and (B) for traineeship programs" after "traineeship programs".
Subsec. (b). Pub. L. 95–83, §307(o)(5)(B)(2), (3), struck out subsec. (b) relating to grants and contracts for establishment and operation of traineeship programs for residents of health manpower shortage areas, amount of award, and service commitment in health manpower shortage areas and redesignated subsec. (c) as (b).
1976—Subsec. (a)(1). Pub. L. 94–484, §901(1), (2), designated existing provisions as par. (1), incorporated first sentence provisions of former subsec. (b) in introductory text reading "The Secretary may make grants to public or private nonprofit institutions", struck out former introductory appropriations authorization provision for $15,000,000; $20,000,000; and $25,000,000 for fiscal years 1976, 1977, and 1978, now incorporated in subsec. (c), and redesignated as subpars. (A) through (D) former pars. (1) through (4), respectively.
Subsec. (a)(2). Pub. L. 94–484, §901(3), added cl. (A) provisions and incorporated second sentence provisions of former subsec. (b) in provisions designated as cl. (B)
Subsec. (a)(3). Pub. L. 94–484, §901(4), (5), substituted "subsection" for "section" and redesignated such amended former subsec. (c) as par. (3).
Subsec. (b). Pub. L. 94–484, §901(6), added subsec. (b). Pub. L. 94–484, §901(3), struck out provisions of former subsec. (b), first sentence reading "Traineeships under this section shall be awarded by the Secretary through grants to public or nonprofit private institutions providing the training." and now covered in subsec. (a)(1), and second sentence reading "In making grants for traineeships under this section, the Secretary shall give special consideration to applications for traineeship programs which conform to guidelines established by the Secretary under section 296m(a)(2)(B) of this title." and now covered in subsec. (a)(2)(B) of this section.
Subsec. (c). Pub. L. 94–484, §901(6), incorporated introductory appropriations authorization provision of former subsec. (a) in provision designated as subsec. (c), substituted provision making appropriations available for fiscal years ending June 30, 1976, Sept. 30, 1977, and Sept. 30, 1978, for provision making appropriations available for fiscal years 1976, 1977, and 1978, respectively. Former subsec. (c) redesignated (a)(3).
1975—Subsec. (a). Pub. L. 94–63, §935(a), substituted provisions relating to authorization of appropriations for fiscal years 1976 through 1978, for provisions relating to authorization of appropriations for fiscal year ending June 30, 1965 through fiscal year ending June 30, 1975, and inserted provision authorizing use of funds for training nurses to serve as nurse practitioners.
Subsec. (b). Pub. L. 94–63, §935(b), inserted provision relating to preference to application conforming to guidelines under section 296m(a)(2)(B) of this title.
1971—Subsec. (a). Pub. L. 92–158, §§5, 13, authorized appropriations of $20,000,000, $22,000,000, and $24,000,000 for fiscal years ending June 3, 1972, 1973, and 1974, respectively and substituted "Secretary" for "Surgeon General".
Pub. L. 92–52 substituted "each for the fiscal year ending June 30, 1971, and the next fiscal year" for "for the fiscal year ending June 30, 1971".
Subsecs. (b), (c). Pub. L. 92–158, §13, substituted "Secretary" for "Surgeon General".
1968—Subsec. (a). Pub. L. 90–490 authorized appropriations of $15,000,000 and $19,000,000 for fiscal years ending June 30, 1970, and 1971, respectively.
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 section 935(a) of Pub. L. 94–63 effective July 1, 1975, see section 905 of Pub. L. 94–63, set out as a note under section 296 of this title.
Section 935(b) of Pub. L. 94–63 provided that the amendment made by that section is effective with respect to grants under this section from appropriations under this section for fiscal years beginning after June 30, 1975.
Section Referred to in Other Sections
This section is referred to in section 298b–7 of this title.
§297–1. Nurse anesthetists
(a) Authority of Secretary; program eligibility; payments; limitations
(1) The Secretary may make grants to public or private nonprofit institutions to cover the costs of traineeships for licensed registered nurses to become nurse anesthetists and to cover the costs of projects to develop and operate programs for the education of nurse anesthetists. In order to be eligible for such a grant, the program of an institution must be accredited by an entity or entities designated by the Secretary of Education and must meet such requirements as the Secretary shall by regulation prescribe.
(2)(A) In making grants under paragraph (1), the Secretary shall give preference to qualified applicants carrying out traineeship programs whose participants gain significant experience in providing health services at rural health facilities.
(B) The Secretary may make a grant under paragraph (1) only if the institution involved agrees that, in providing traineeships under such paragraph, the institution will give preference to individuals who are residents of health professional shortage areas designated under section 254e of this title.
(3) The Secretary may make a grant under paragraph (1) only if the applicant involved agrees that traineeships provided with the grant will pay all or part of the costs of—
(A) the tuition, books, and fees of the program of nursing with respect to which the traineeship is provided; and
(B) reasonable living expenses of the individual during the period for which the traineeship is provided.
(b) Additional granting authorities
The Secretary may make grants to public or private nonprofit institutions to cover the cost of projects to improve existing programs for the education of nurse anesthetists which are accredited by an entity or entities designated by the Secretary of Education. Such grants shall include grants to such institutions for the purpose of providing financial assistance and support to certified registered nurse anesthetists who are faculty members of accredited programs to enable such nurse anesthetists to obtain advanced education relevant to their teaching functions.
(c) Authorization of appropriations; limitations
For the purpose of making grants under this section, there is authorized to be appropriated $1,800,000 for each of the fiscal years 1989 through 1991, $3,000,000 for fiscal year 1993, and $4,000,000 for fiscal year 1994. Not more than 20 percent of the amount appropriated under this section for any fiscal year shall be obligated for grants under the second sentence of subsection (b) of this section.
(July 1, 1944, ch. 373, title VIII, §831, as added Sept. 29, 1979, Pub. L. 96–76, title I, §111, 93 Stat. 580; amended Jan. 4, 1983, Pub. L. 97–414, §8(l), 96 Stat. 2061; Aug. 16, 1985, Pub. L. 99–92, §7, 99 Stat. 396; Nov. 4, 1988, Pub. L. 100–607, title VII, §712, 102 Stat. 3160; Oct. 13, 1992, Pub. L. 102–408, title II, §207, 106 Stat. 2074.)
Amendments
1992—Subsec. (a)(2), (3). Pub. L. 102–408, §207(a), added pars. (2) and (3) and struck out former par. (2) which read as follows: "Payments to institutions under this subsection may be made in advance or by way of reimbursement, and at such intervals and on such conditions, as the Secretary finds necessary. Payments for traineeships shall be limited to such amounts as the Secretary determines to be necessary to cover the costs of tuition and fees and a stipend and allowances (including travel and subsistence expenses) for trainees."
Subsec. (c). Pub. L. 102–408, §207(b), inserted before period at end of first sentence ", $3,000,000 for fiscal year 1993, and $4,000,000 for fiscal year 1994".
1988—Subsec. (a)(1). Pub. L. 100–607, §712(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The Secretary may make grants to public or private nonprofit institutions to cover the costs of traineeships for the training, in programs which meet such requirements as the Secretary shall by regulation prescribe and which are accredited by an entity or entities designated by the Secretary of Education, of licensed, registered nurses to be nurse anesthetists."
Subsec. (a)(2). Pub. L. 100–607, §712(a)(2), amended second sentence generally. Prior to amendment, sentence read as follows: "Such payments may be used only for traineeships and shall be limited to such amounts as the Secretary finds necessary to cover the costs of tuition and fees, and a stipend and allowances (including travel and subsistence expenses) for the trainees."
Subsec. (c). Pub. L. 100–607, §712(b), amended first sentence generally. Prior to amendment, sentence read as follows: "For the purpose of making grants under this section, there are authorized to be appropriated $800,000 for the fiscal year ending September 30, 1986, $800,000 for the fiscal year ending September 30, 1987, and $800,000 for the fiscal year ending September 30, 1988."
1985—Pub. L. 99–92, §7(d), struck out "traineeships for training of" in section catchline.
Subsec. (a)(1). Pub. L. 99–92, §7(a), substituted "Secretary of Education" for "Commissioner of Education".
Subsec. (b). Pub. L. 99–92, §7(b), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 99–92, §7(b), (c), redesignated former subsec. (b) as (c) and amended it generally, substituting provisions authorizing appropriations for fiscal years ending Sept. 30, 1986, 1987, and 1988, for provisions authorizing appropriations for fiscal years ending Sept. 30, 1980, 1983, and 1984, and inserting provision imposing 20 percent limitation on obligations for grants under second sentence of subsec. (b).
1983—Subsec. (b). Pub. L. 97–414 inserted provisions relating to fiscal years 1983 and 1984.
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.
Section Referred to in Other Sections
This section is referred to in section 298b–7 of this title.
subpart ii—student loans
Subpart Referred to in Other Sections
This subpart is referred to in sections 297n, 298b of this title; title 20 section 1078–3; title 26 section 6103.
§297a. Student loan fund
(a) Agreements to establish and operate fund authorized
The Secretary is authorized to enter into an agreement for the establishment and operation of a student loan fund in accordance with this subpart with any public or nonprofit private school of nursing which is located in a State.
(b) Provisions of agreements
Each agreement entered into under this section shall—
(1) provide for establishment of a student loan fund by the school;
(2) provide for deposit in the fund, except as provided in section 297h of this title, of (A) the Federal capital contributions paid from allotments under section 297d of this title to the school by the Secretary, (B) an additional amount from other sources equal to not less than one-ninth of such Federal capital contributions, (C) collections of principal and interest on loans made from the fund, (D) collections pursuant to section 297b(f) of this title, and (E) any other earnings of the fund;
(3) provide that the fund, except as provided in section 297h of this title, shall be used only for loans to students of the school in accordance with the agreement and for costs of collection of such loans and interest thereon;
(4) provide that loans may be made from such fund only to students pursuing a fulltime or half-time course of study at the school leading to a baccalaureate or associate degree in nursing or an equivalent degree or a diploma in nursing, or to a graduate degree in nursing;
(5) contain such other provisions as are necessary to protect the financial interests of the United States.
(c) Regulatory standards applicable to collection of loans
(1) Any standard established by the Secretary by regulation for the collection by schools of nursing of loans made pursuant to loan agreements under this subpart shall provide that the failure of any such school to collect such loans shall be measured in accordance with this subsection. With respect to the student loan fund established pursuant to such agreements, this subsection may not be construed to require such schools to reimburse such loan fund for loans that became uncollectable prior to 1983.
(2) The measurement of a school's failure to collect loans made under this subpart shall be the ratio (stated as a percentage) that the defaulted principal amount outstanding of such school bears to the matured loans of such school.
(3) For purposes of this subsection—
(A) the term "default" means the failure of a borrower of a loan made under this subpart to—
(i) make an installment payment when due; or
(ii) comply with any other term of the promissory note for such loan,
except that a loan made under this subpart shall not be considered to be in default if the loan is discharged in bankruptcy or if the school reasonably concludes from written contacts with the borrower that the borrower intends to repay the loan;
(B) the term "defaulted principal amount outstanding" means the total amount borrowed from the loan fund of a school that has reached the repayment stage (minus any principal amount repaid or cancelled) on loans—
(i) repayable monthly and in default for at least 120 days; and
(ii) repayable less frequently than monthly and in default for at least 180 days;
(C) the term "grace period" means the period of nine months beginning on the date on which the borrower ceases to pursue a full-time or half-time course of study at a school of nursing; and
(D) the term "matured loans" means the total principal amount of all loans made by a school of nursing under this subpart minus the total principal amount of loans made by such school to students who are—
(i) enrolled in a full-time or half-time course of study at such school; or
(ii) in their grace period.
(July 1, 1944, ch. 373, title VIII, §835, formerly §822, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 913; amended Aug. 16, 1968, Pub. L. 90–490, title II, §222(a), (c)(2), 82 Stat. 783, 784; Nov. 18, 1971, Pub. L. 92–158, §6(d)(3), (e), 85 Stat. 478; Aug. 23, 1974, Pub. L. 93–385, §3(b), 88 Stat. 741; renumbered §835 and amended July 29, 1975, Pub. L. 94–63, title IX, §§936(a), 941(h)(1)–(3), (i)(1), (2), 89 Stat. 362, 365, 366; Sept. 29, 1979, Pub. L. 96–76, title I, §109(a), 93 Stat. 579; Aug. 13, 1981, Pub. L. 97–35, title XXVII, §2757(a), 95 Stat. 931; Aug. 16, 1985, Pub. L. 99–92, §8(a), 99 Stat. 397; Oct. 22, 1985, Pub. L. 99–129, title II, §209(j)(2), 99 Stat. 536; Nov. 4, 1988, Pub. L. 100–607, title VII, §713(a), 102 Stat. 3160.)
Amendments
1988—Subsec. (c)(1). Pub. L. 100–607 inserted provisions relating to reimbursement of student loan fund for certain uncollectable loans.
1985—Subsec. (c). Pub. L. 99–92 added subsec. (c).
Subsec. (c)(3)(C). Pub. L. 99–129, §209(j)(2)(A), substituted provisions defining "grace period" as the period of nine months beginning on the date on which the borrower ceases to pursue a full-time or half-time course of study at a school of nursing for former provisions defining "grace period" as the period of one year beginning on (i) the date on which the borrower ceased to pursue a full-time or half-time course of study at a school of nursing; or (ii) the date on which ended any period described in clause (A) or (B) of section 297b(b)(2) of this title which was applicable to such borrower, whichever was later.
Subsec. (c)(3)(D)(ii). Pub. L. 99–129, §209(j)(2)(B), struck out "first" before "grace period."
1981—Subsec. (b)(4). Pub. L. 97–35 struck out provisions respecting prohibition on loans to students attending school before Oct. 1, 1980.
1979—Subsec. (b)(4). Pub. L. 96–76 substituted "1980" for "1978".
1975—Subsec. (a). Pub. L. 94–63, §941(h)(1), (2), substituted "subpart" for "part" and struck out "of Health, Education, and Welfare" after "Secretary".
Subsec. (b). Pub. L. 94–63, §§936(a), 941(h)(3), (i)(2), in cl. (2) substituted "from allotments under section 297d of this title" for "under this part", in cl. (4) substituted "October 1, 1978" for "July 1, 1975", and in cls. (2) and (3) substituted references to sections 836 and 841 of the Act for references to sections 823 and 829, which had previously been translated as sections 297b and 297h of this title, respectively, requiring no further translations in the text as a result of the renumbering of the Public Health Service Act.
1974—Subsec. (b)(4). Pub. L. 93–385 substituted "1975" for "1974".
1971—Subsec. (b)(4). Pub. L. 92–158 substituted "full-time or half-time course of study" for "full-time course of study" and "1974" for "1971".
1968—Subsec. (b)(2). Pub. L. 90–490, §222(a)(1), (c)(2), inserted ", except as provided in section 297h of this title," after "fund" where first appearing and added cl. (D) and redesignated former cl. (D) as (E), respectively.
Subsec. (b)(3). Pub. L. 90–490, §222(a)(1), inserted ", except as provided in section 297h of this title" after "fund" where first appearing and authorized the cancellation of an additional 50 per centum of a nursery student loan.
Subsec. (b)(4). Pub. L. 90–490, §222(a)(2), substituted "1971" for "1969".
Effective Date of 1985 Amendments
Amendment by Pub. L. 99–129 effective June 30, 1984, see section 228(b)(5) of Pub. L. 99–129, set out as a note under section 254l of this title.
Amendment by Pub. L. 99–92 effective June 30, 1984, see section 10(b)(2) of Pub. L. 99–92, set out as a note under section 296k of this title.
Effective Date of 1975 Amendment
Amendment by section 936(a) of Pub. L. 94–63 effective July 1, 1975, see section 905 of Pub. L. 94–63, set out as a note under section 296 of this title.
Amendment by section 941(h)(1)–(3), (i)(1), (2) of 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
Amendment by section 222(c)(2) of Pub. L. 90–490 applicable with respect to loans made after June 30, 1969, see section 222(i) of Pub. L. 90–490, set out as a note under section 297b of this title.
Section Referred to in Other Sections
This section is referred to in sections 296e, 297c, 297d, 297e of this title.
§297b. Loan provisions
(a) Maximum amount per individual per year; preference to first year students
The total of the loans for any academic year (or its equivalent, as determined under regulations of the Secretary) made by schools of nursing from loan funds established pursuant to agreements under this subpart may not exceed $2,500 in the case of any student, except that for the final two academic years of the program involved, such total may not exceed $4,000. The aggregate of the loans for all years from such funds may not exceed $13,000 in the case of any student. In the granting of such loans, a school shall give preference to licensed practical nurses, to persons with exceptional financial need, and to persons who enter as first-year students after enactment of this subchapter.
(b) Terms and conditions
Loans from any such student loan fund by any school shall be made on such terms and conditions as the school may determine; subject, however, to such conditions, limitations, and requirements as the Secretary may prescribe (by regulation or in the agreement with the school) with a view to preventing impairment of the capital of such fund to the maximum extent practicable in the light of the objective of enabling the student to complete his course of study; and except that—
(1) such a loan may be made only to a student who (A) is in need of the amount of the loan to pursue a full-time or half-time course of study at the school leading to a baccalaureate or associate degree in nursing or an equivalent degree, or a diploma in nursing, or a graduate degree in nursing, (B) is capable, in the opinion of the school, of maintaining good standing in such course of study, and (C) with respect to any student enrolling in the school after June 30, 1986, is of financial need (as defined in regulations issued by the Secretary).; 1
(2) such a loan shall be repayable in equal or graduated periodic installments (with the right of the borrower to accelerate repayment) over the ten-year period which begins nine months after the student ceases to pursue a full-time or half-time course of study at a school of nursing, excluding from such 10-year period all (A) periods (up to three years) of (i) active duty performed by the borrower as a member of a uniformed service, or (ii) service as a volunteer under the Peace Corps Act [22 U.S.C. 2501 et seq.], and (B) periods (up to ten years) during which the borrower is pursuing a full-time or half-time course of study at a collegiate school of nursing leading to baccalaureate degree in nursing or an equivalent degree, or to graduate degree in nursing, or is otherwise pursuing advanced professional training in nursing (or training to be a nurse anesthetist);
(3) in the case of a student who received such a loan before September 29, 1979, an amount up to 85 per centum of any such loan made before such date (plus interest thereon) shall be canceled for full-time employment as a professional nurse (including teaching in any of the fields of nurse training and service as an administrator, supervisor, or consultant in any of the fields of nursing) in any public or nonprofit private agency, institution, or organization (including neighborhood health centers), at the rate of 15 per centum of the amount of such loan (plus interest) unpaid on the first day of such service for each of the first, second, and third complete year of such service, and 20 per centum of such amount (plus interest) for each complete fourth and fifth year of such service;
(4) the liability to repay the unpaid balance of such loan and accrued interest thereon shall be canceled upon the death of the borrower, or if the Secretary determines that he has become permanently and totally disabled;
(5) such a loan shall bear interest on the unpaid balance of the loan, computed only for periods during which the loan is repayable, at the rate of 5 percent per annum;
(6) such a loan shall be made without security or endorsement, except that if the borrower is a minor and the note or other evidence of obligation executed by him would not, under the applicable law, create a binding obligation, either security or endorsement may be required;
(7) no note or other evidence of any such loan may be transferred or assigned by the school making the loan except that, if the borrower transfers to another school participating in the program under this subpart such note or other evidence of a loan may be transferred to such other school.
(c) Cancellation
Where all or any part of a loan, or interest, is canceled under this section, the Secretary shall pay to the school an amount equal to the school's proportionate share of the canceled portion, as determined by the Secretary.
(d) Installments
Any loan for any year by a school from a student loan fund established pursuant to an agreement under this subpart shall be made in such installments as may be provided in regulations of the Secretary or such agreement and, upon notice to the Secretary by the school that any recipient of a loan is failing to maintain satisfactory standing, any or all further installments of his loan shall be withheld, as may be appropriate.
(e) Availability to eligible students in need
An agreement under this subpart with any school shall include provisions designed to make loans from the student loan fund established thereunder reasonably available (to the extent of the available funds in such fund) to all eligible students in the school in need thereof.
(f) Penalty for late payment
Subject to regulations of the Secretary and in accordance with this section, a school shall assess a charge with respect to a loan from the loan fund established pursuant to an agreement under this subpart for failure of the borrower to pay all or any part of an installment when it is due and, in the case of a borrower who is entitled to deferment of the loan under subsection (b)(2) of this section or cancellation of part or all of the loan under subsection (b)(3) of this section, for any failure to file timely and satisfactory evidence for such entitlement. No such charge may be made if the payment of such installment or the filing of such evidence is made within 60 days after the date on which such installment or filing is due. The amount of any such charge may not exceed an amount equal to 6 percent of the amount of such installment. The school may elect to add the amount of any such charge to the principal amount of the loan as of the first day after the day on which such installment or evidence was due, or to make the amount of the charge payable to the school not later than the due date of the next installment after receipt by the borrower of notice of the assessment of the charge.
(g) Minimum monthly repayment
A school may provide in accordance with regulations of the Secretary, that during the repayment period of a loan from a loan fund established pursuant to an agreement under this subpart payments of principal and interest by the borrower with respect to all the outstanding loans made to him from loan funds so established shall be at a rate equal to not less than $15 per month.
(h) Loan cancellation
Notwithstanding the amendment made by section 6(b) of the Nurse Training Act of 1971 to this section—
(A) any person who obtained one or more loans from a loan fund established under this subpart, who before November 18, 1971, became eligible for cancellation of all or part of such loans (including accrued interest) under this section (as in effect on the day before such date), and who on such date was not engaged in a service for which loan cancellation was authorized under this section (as so in effect), may at any time elect to receive such cancellation in accordance with this subsection (as so in effect); and
(B) in the case of any person who obtained one or more loans from a loan fund established under this subpart and who on such date was engaged in a service for which cancellation of all or part of such loans (including accrued interest) was authorized under this section (as so in effect), this section (as so in effect) shall continue to apply to such person for purposes of providing such loan cancellation until he terminates such service.
Nothing in this subsection shall be construed to prevent any person from entering into an agreement for loan cancellation under subsection (h) 2 of this section (as amended by section 6(b)(2) of the Nurse Training Act of 1971).
(i) Loan repayment
Upon application by a person who received, and is under an obligation to repay, any loan made to such person as a nursing student, the Secretary may undertake to repay (without liability to the applicant) all or any part of such loan, and any interest or portion thereof outstanding thereon, upon his determination, pursuant to regulations establishing criteria therefor, that the applicant—
(1) failed to complete the nursing studies with respect to which such loan was made;
(2) is in exceptionally needy circumstances; and
(3) has not resumed, or cannot reasonably be expected to resume, such nursing studies within two years following the date upon which the applicant terminated the studies with respect to which such loan was made.
(j) Collection by Secretary of loan in default; preconditions and procedures applicable
The Secretary is authorized to attempt to collect any loan which was made under this subpart, which is in default, and which was referred to the Secretary by a school of nursing with which the Secretary has an agreement under this subpart, on behalf of that school under such terms and conditions as the Secretary may prescribe (including reimbursement from the school's student loan fund for expenses the Secretary may reasonably incur in attempting collection), but only if the school has complied with such requirements as the Secretary may specify by regulation with respect to the collection of loans under this subpart. A loan so referred shall be treated as a debt subject to section 5514 of title 5. Amounts collected shall be deposited in the school's student loan fund. Whenever the Secretary desires the institution of a civil action regarding any such loan, the Secretary shall refer the matter to the Attorney General for appropriate action.
(July 1, 1944, ch. 373, title VIII, §836, formerly §823, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 914; amended Oct. 22, 1965, Pub. L. 89–290, §4(g)(2), 79 Stat. 1058; Aug. 16, 1968, Pub. L. 90–490, title II, §222(b), (c)(1), 82 Stat. 783, 784; Nov. 18, 1971, Pub. L. 92–158, §6(a), (b)(1), (e), 85 Stat. 475, 476, 478; renumbered §836 and amended July 29, 1975, Pub. L. 94–63, title IX, §§936(b), 941(h)(1), (2), (5), (i)(1), 89 Stat. 363, 365; Sept. 29, 1979, Pub. L. 96–76, title I, §112, 93 Stat. 580; Aug. 13, 1981, Pub. L. 97–35, title XXVII, §2757(b), 95 Stat. 931; Aug. 16, 1985, Pub. L. 99–92, §8(b)–(d), 99 Stat. 398; Nov. 4, 1988, Pub. L. 100–607, title VII, §§713(b)–(g), 714(a)–(c), 102 Stat. 3160, 3161; Aug. 16, 1989, Pub. L. 101–93, §5(r), 103 Stat. 614; Oct. 13, 1992, Pub. L. 102–408, title II, §211(a)(1), 106 Stat. 2078.)
References in Text
The Peace Corps Act, referred to in subsec. (b)(2), is Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, which is classified principally to chapter 34 (§2501 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of Title 22 and Tables.
Subsection (h) of this section, referred to in subsec. (h), was struck out and subsec. (i) was redesignated (h) by Pub. L. 102–408. See 1992 Amendment note below.
Section 6(b) of the Nurse Training Act of 1971, referred to in subsec. (h), is section 6(b) of Pub. L. 92–158, Nov. 18, 1971, 85 Stat. 477. Section 6(b)(1) amended subsec. (b)(3) of this section, added former subsec. (h) of this section, and enacted the provisions editorially classified to subsec. (i) [now (h)] of this section. Section 6(b)(2) enacted section 297i of this title which was transferred and redesignated as subsec. (j) [now (i)] of this section pursuant to section 941(h)(5) of Pub. L. 94–63.
Codification
Provisions of subsec. (h) of this section were, in the original, enacted by section 6(b)(1) of Pub. L. 92–158, without directory language with respect to classification in the Code and were editorially set out as subsec. (i) [now (h)] as the probable intent of Congress.
Amendments
1992—Subsecs. (h) to (k). Pub. L. 102–408 redesignated subsecs. (i) to (k) as (h) to (j), respectively, and struck out former subsec. (h) which provided for a loan repayment program. See section 297n of this title.
1989—Subsec. (h)(6)(C). Pub. L. 101–93 substituted "means a skilled nursing facility, as such term is defined in section 1395x(j) of this title, and an intermediate care facility, as such term is defined in section 1396d(c) of this title" for "means an intermediate care facility and a skilled nursing facility, as such terms are defined in subsections (c) and (i), respectively, of section 1396d of this title".
1988—Subsec. (a). Pub. L. 100–607, §713(b), (c), inserted in first sentence ", except that for the final two academic years of the program involved, such total may not exceed $4,000", substituted "$13,000" for "$10,000" in second sentence, and inserted ", to persons with exceptional financial need," after "nurses" in third sentence.
Subsec. (b)(1)(C). Pub. L. 100–607, §713(d), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "if a student who will enroll in the school after June 30, 1986, is of exceptional financial need (as defined by regulations of the Secretary)".
Subsec. (b)(2)(B). Pub. L. 100–607, §713(e), substituted "ten" for "five" and inserted "or half-time" after "a full-time".
Subsec. (b)(5). Pub. L. 100–607, §713(f), substituted "5 percent" for "6 per centum".
Subsec. (h)(1)(C). Pub. L. 100–607, §714(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "who enters into an agreement with the Secretary to serve as a nurse for a period of at least two years in an area in a State determined by the Secretary, after consultation with the appropriate State health authority (as determined by the Secretary by regulations), to have a shortage of and need for nurses;".
Subsecs. (h)(5), (6). Pub. L. 100–607, §714(b), (c), added pars. (5) and (6).
Subsec. (j)(2) to (4). Pub. L. 100–607, §713(g), redesignated par. (4) as (3) and struck out former par. (3) which related to low-income or disadvantaged family.
1985—Subsec. (b)(1). Pub. L. 99–92, §8(b), which directed that cl. (C) be inserted before period, was executed by inserting cl. (C) before the semicolon as the probable intent of Congress.
Subsec. (f). Pub. L. 99–92, §8(c), substituted "the Secretary and in accordance with this section, a school shall" for "the Secretary, a school may", and substituted provisions relating to charges not allowed in certain cases and allowed where payment is late for provisions relating to maximum amount of late charges.
Subsec. (k). Pub. L. 99–92, §8(d), added subsec. (k).
1981—Subsec. (b)(5). Pub. L. 97–35 substituted "6" for "3".
1979—Subsec. (b)(3). Pub. L. 96–76 inserted provisions requiring conditions to be applicable to loans arising prior to Sept. 29, 1979.
1975—Subsec. (a). Pub. L. 94–63, §941(h)(1), substituted "subpart" for "part".
Subsec. (b). Pub. L. 94–63, §941(h)(2), struck out "of Health, Education, and Welfare" after "Secretary".
Subsec. (b)(2)(B). Pub. L. 94–63, §936(b), inserted "(or training to be a nurse anesthetist)" after "professional training in nursing".
Subsec. (b)(7). Pub. L. 94–63, §941(h)(1), substituted "subpart" for "part".
Subsec. (c). Pub. L. 94–63, §941(h)(2), struck out "of Health, Education, and Welfare" after "Secretary".
Subsecs. (d) to (i). Pub. L. 94–63, §941(h)(1), substituted "subpart" for "part" whenever appearing.
Subsec. (j). Pub. L. 94–63, §941(h)(5), added subsec. (j), formerly classified as section 297i of this title pursuant to enactment as section 830 of act July 1, 1944, ch. 373. Section 941(h)(5)(A) of Pub. L. 94–63 transferred such former section to this section and section 941(h)(5)(B) redesignated provision as subsec. (j).
1971—Subsec. (a). Pub. L. 92–158, §6(a), substituted"$2,500" for "$1,500" and "$10,000" for "$60,000".
Subsec. (b)(1). Pub. L. 92–158, §6(e), substituted "full-time or half-time course of study" for "full-time course of study".
Subsec. (b)(2). Pub. L. 92–158, §6(e), in text preceding cl. (A), substituted "full-time or half-time course of study" for "full-time course of study".
Subsec. (b)(3). Pub. L. 92–158, §6(b)(1)(A), substituted provisions cancelling up to 85 per centum of loan, for provisions cancelling up to 50 per centum of loan, where borrower holds full-time employment as a professional nurse, added to areas of possible employment under this par. by inserting reference to any public or nonprofit organization including neighborhood health centers, substituted, with regard to the rate of cancellation of loan, the rate of 15 per centum of the amount unpaid on the first day of service, continuing at such rate with each of the first, second and third complete years of such service and 20 per centum of such amount with each complete fourth and fifth year of service for the rate of 10 per centum of the amount unpaid on the first day of service and to continue with each complete year of service, and struck out reference to 15 per centum rate of cancellation per complete year of service plus, for the purpose of such higher rate, the cancellation of an additional 50 per centum of such loan where such service is in a public or nonprofit hospital in any area which is determined, in accordance with the regulations of the Secretary, to be in an area having a substantial shortage of such nurses at such hospitals.
Subsec. (h). Pub. L. 92–158, §6(b)(1)(B), added subsec. (h).
1968—Subsec. (a). Pub. L. 90–490, §222(b)(1), increased limitation on amount of annual loans per student from $1,000 to $1,500, required preferences in granting of loans to licensed practical nurses, and limited aggregate of loans for all years to any one student to $6,000.
Subsec. (b)(2). Pub. L. 90–490, §222(b)(2), provided for commencement of repayment nine months, rather than one year, after student ceases to pursue full-time course of study, excluded from ten-year repayment period periods (up to three years) of active duty as member of a uniformed service or Peace Corps volunteer service and periods (up to five years) as undergraduate or graduate degree student in nursing, including advanced professional training in nursing, and struck out prohibition against accrual of interest on loans.
Subsec. (b)(3). Pub. L. 90–490, §222(b)(3), authorized cancellation of an additional 50 per centum of a nursing student loan (plus interest) at rate of 15 per centum for each complete year of service in a public or other nonprofit hospital in an area with a substantial shortage of nurses.
Subsec. (b)(5). Pub. L. 90–490, §222(b)(4), struck out provisions for an interest rate which is the greater of 3 per centum or the going Federal rate at time loan is made, defining going Federal rate, and making rate determined for first loan applicable to any subsequent loan.
Subsecs. (f), (g). Pub. L. 90–490, §222(c)(1), added subsecs. (f) and (g).
1965—Subsec. (b)(5). Pub. L. 89–290 applied rate of interest for first loan obtained by a student from a loan fund established under this part to any subsequent loan to such student from such fund during his course of study.
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
Section 936(b) of Pub. L. 94–63 provided that the amendment made by that section is effective with respect to periods of training to be a nurse anesthetist undertaken on or after July 29, 1975.
Amendment by section 941(h)(1), (2), (5), (i)(1) of 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 1971 Amendment
Section 6(a)(1) of Pub. L. 92–158 provided that the amendment made by that section is effective with respect to academic years (or their equivalent as determined under regulations of the Secretary of Health, Education, and Welfare under this section) beginning after June 30, 1971.
Effective Date of 1968 Amendment
Section 222(i) of Pub. L. 90–490 provided that: "The amendments made by subsection (b)(1) and (2) [amending this section] shall apply with respect to all loans made after June 30, 1969, and with respect to loans made from a student loan fund established under an agreement pursuant to section 822 [section 297a of this title], before July 1, 1969, to the extent agreed to by the school which made the loans and the Secretary (but then only for years beginning after June 30, 1968). The amendments made by subsection (b)(4) [amending this section] and subsection (c) [amending this section and section 297a of this title] shall apply with respect to loans made after June 30, 1969. The amendment made by subsection (h) [enacting section 297h of this title] shall apply with respect to appropriations for fiscal years beginning after June 30, 1969. The amendment made by subsection (b)(3) [amending this section] shall apply with respect to service, specified in section 823(b)(3) of such Act [subsec. (b)(3) of this section] performed during academic years beginning after the enactment of this Act, whether the loan was made before or after such enactment [Aug. 16, 1968]."
Construction of 1992 Amendment
Section 211(b) of Pub. L. 102–408 provided that: "With respect to section 836(h) of the Public Health Service Act [former subsec. (h) of this section], as in effect prior to the date of the enactment of this Act [Oct. 13, 1992], any agreement entered into under such section that is in effect on the day before such date remains in effect in accordance with the terms of the agreement, notwithstanding the amendment made by subsection (a) of this section [enacting section 297n of this title, amending this section, and repealing section 297c–1 of this title]."
Section Referred to in Other Sections
This section is referred to in section 297a of this title.
§297c. Authorization of appropriations for student loan funds
There are authorized to be appropriated for allotments under section 297d of this title to schools of nursing for Federal capital contributions to their student loan funds established under section 297a of this title, $25,000,000 for fiscal year 1976, $30,000,000 for fiscal year 1977, $35,000,000 for fiscal year 1978, $13,500,000 for the fiscal year ending September 30, 1980, $14,000,000 for the fiscal year ending September 30, 1982, $16,000,000 for the fiscal year ending September 30, 1983, and $18,000,000 for the fiscal year ending September 30, 1984. For the fiscal year ending September 30, 1985, and for each of the next two succeeding fiscal years there are authorized to be appropriated such sums as may be necessary to enable students who have received a loan for any academic year ending before October 1, 1984, to continue or complete their education. Of the amount appropriated under the first sentence for the fiscal year ending September 30, 1982, and the two succeeding fiscal years, not less than $1,000,000 shall be obligated in each such fiscal year for loans from student loan funds established under section 297a of this title to individuals who are qualified to receive such loans and who, on the date they receive the loan, have not been employed on a full-time basis or been enrolled in any educational institution on a full-time basis for at least seven years. A loan to such an individual may not exceed $500 for any academic year.
(July 1, 1944, ch. 373, title VIII, §837, formerly §824, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 915; amended Nov. 3, 1966, Pub. L. 89–751, §6(b), 80 Stat. 1235; Aug. 16, 1968, Pub. L. 90–490, title II, §222(d), 82 Stat. 784; July 9, 1971, Pub. L. 92–52, §3(a), 85 Stat. 144; Nov. 18, 1971, Pub. L. 92–158, §6(c), 85 Stat. 477; Aug. 23, 1974, Pub. L. 93–385, §3(a), 88 Stat. 741; renumbered §837 and amended July 29, 1975, Pub. L. 94–63, title IX, §§936(c), 941(i)(1), (3), 89 Stat. 363, 365, 366; Sept. 29, 1979, Pub. L. 96–76, title I, §109(b), 93 Stat. 580; Aug. 13, 1981, Pub. L. 97–35, title XXVII, §2757(c), 95 Stat. 931.)
Amendments
1981—Pub. L. 97–35 inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1982, 1983, and 1984, and provisions relating to priorities for obligation of funds, and substituted "1985" for "1981", and "October 1, 1984" for "October 1, 1980".
1979—Pub. L. 96–76 authorized appropriations of $13,500,000 for fiscal year ending Sept. 30, 1980, and substituted provisions relating to authorizations of appropriations through the fiscal year ending Sept. 30, 1981, for loans for any academic year ending before Oct. 1, 1980, for provisions relating to authorizations of appropriations for fiscal year 1979, for loans for any academic year ending before Oct. 1, 1978.
1975—Pub. L. 94–63, §§936(c), 941(i)(3), substituted provisions authorizing appropriations for allotments for schools of nursing for Federal capital contributions to their student loan funds for fiscal years 1976 to 1978 and for fiscal 1979 and next two succeeding fiscal years additional necessary sums, for provisions authorizing appropriations for capital contributions for fiscal year ending June 30, 1965 through fiscal year ending June 30, 1974, and for fiscal year ending June 30, 1975 and next two succeeding fiscal years additional necessary sums, and substituted references to sections 838 and 835 of Act for references to sections 825 and 822, respectively, which for purposes of codification were translated as sections 297d and 297a of this title.
1974—Pub. L. 93–385 authorized appropriations of $35,000,000 for fiscal year ending June 30, 1975.
1971—Pub. L. 92–158 substituted authorized appropriations of $21,000,000, $25,000,000, $30,000,000 and $35,000,000 for fiscal years ending June 30, 1971, 1972, 1973, and 1974, respectively, plus such sums for fiscal year ending June 30, 1975, and each of two succeeding fiscal years as may be necessary to enable students receiving a loan for any academic year ending before July 1, 1974 to continue or complete their education, for an authorized appropriation of $21,000,000 each for fiscal years ending June 30, 1971 and 1972, plus such sums for fiscal year ending June 30, 1973, and each of two succeeding fiscal years as may be necessary to enable students receiving a loan for any academic year ending before July 1, 1972, to continue or complete their education.
Pub. L. 92–52 substituted "each for the fiscal year ending June 30, 1971, and the next fiscal year" for "for the fiscal year ending June 30, 1971", "1973" for "1972" and "July 1, 1972" for "July 1, 1971".
1968—Pub. L. 90–490 authorized appropriations of $20,000,000 and $21,000,000 for fiscal years ending June 30, 1970, and 1971, respectively, and necessary sums for fiscal year ending June 31, 1972, rather than 1970, and two succeeding fiscal years for loans to students receiving loan for any academic year ending before July 1, 1971, rather than 1969; and made appropriations available for transfers pursuant to section 297h of this title, respectively.
1966—Pub. L. 89–751 authorized availability of appropriations for payments into fund established by section 297f(d) of this title.
Effective Date of 1975 Amendment
Amendment by section 936(c) of Pub. L. 94–63 effective July 1, 1975, see section 905 of Pub. L. 94–63, set out as a note under section 296 of this title.
Amendment by section 941(i)(3) of 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 1966 Amendment
Section 6(e)(1) of Pub. L. 89–751 provided that: "The amendments made by this section [amending this section and sections 297d to 297f of this title] shall be effective in the case of payments to student loan funds made after the enactment of this Act [Nov. 3, 1966], except in the case of payments pursuant to commitments (made prior to enactment of this Act) to make loans under section 827 of the Public Health Service Act [section 297f of this title] as in effect prior to the enactment of this Act."
Applicability of Reorg. Plan No. 3 of 1966
Section 9 of Pub. L. 89–751 provided that: "The amendments made by this Act [enacting former sections 295h to 295h–5 and 298c to 298c–8 of this title and amending this section, former sections 292b, 294d, 294n to 294p, and 296, sections 297d and 297e, former section 297f, and section 298 of this title, and section 1717 of Title 12, Banks and Banking] shall be subject to the provisions of Reorganization Plan Numbered 3 of 1966 [set out as a note under section 202 of this title]."
Section Referred to in Other Sections
This section is referred to in section 297d of this title.
Section, act July 1, 1944, ch. 373, title VIII, §837A, as added Nov. 4, 1988, Pub. L. 100–607, title VII, §714(d), 102 Stat. 3162, authorized appropriations for educational loan repayments for service in certain health facilities.
§297d. Allotments and payments of Federal capital contributions
(a) Application for allotment; reduction or adjustment of amount requested in application; reallotment; continued availability of funds
(1) The Secretary shall from time to time set dates by which schools of nursing must file applications for Federal capital contributions.
(2)(A) If the total of the amounts requested for any fiscal year in such applications exceeds the total amount appropriated under section 297c of this title for that fiscal year, the allotment from such total amount to the loan fund of each school of nursing shall be reduced to whichever of the following is the smaller:
(i) The amount requested in its application.
(ii) An amount which bears the same ratio to the total amount appropriated as the number of students estimated by the Secretary to be enrolled on a full-time basis in such school during such fiscal year bears to the estimated total number of students enrolled in all such schools on a full-time basis during such year.
(B) Amounts remaining after allotment under subparagraph (A) shall be reallotted in accordance with clause (ii) of such subparagraph among schools whose applications requested more than the amounts so allotted to their loan funds, but with such adjustments as may be necessary to prevent the total allotted to any such school's loan fund under this paragraph and paragraph (3) from exceeding the total so requested by it.
(3) Funds which, pursuant to section 297e(c) of this title or pursuant to a loan agreement under section 297a of this title are returned to the Secretary in any fiscal year, shall be available for allotment until expended. Funds described in the preceding sentence shall be allotted among schools of nursing in such manner as the Secretary determines will best carry out this subpart.
(b) Installment payment of allotments
Allotments to a loan fund of a school shall be paid to it from time to time in such installments as the Secretary determines will not result in unnecessary accumulations in the loan fund at such school.
(c) Manner of payment
The Federal capital contributions to a loan fund of a school under this subpart shall be paid to it from time to time in such installments as the Secretary determines will not result in unnecessary accumulations in the loan fund at such school.
(July 1, 1944, ch. 373, title VIII, §838, formerly §825, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 915; amended Nov. 3, 1966, Pub. L. 89–751, §6(c), 80 Stat. 1235; Aug. 16, 1968, Pub. L. 90–490, title II, §222(e), 82 Stat. 785; renumbered §838 and amended July 29, 1975, Pub. L. 94–63, title IX, §941(h)(1), (2), (4)(A), (i)(1), (4), 89 Stat. 365, 366; Aug. 16, 1985, Pub. L. 99–92, §8(e), 99 Stat. 398; Nov. 4, 1988, Pub. L. 100–607, title VII, §713(h)(1), 102 Stat. 3161; Oct. 13, 1992, Pub. L. 102–408, title II, §208(a), 106 Stat. 2075.)
Amendments
1992—Subsec. (a)(3). Pub. L. 102–408 struck out "(A)" after "(3)", substituted "available for allotment until expended." for "available for allotment in such fiscal year and in the fiscal year succeeding the fiscal year." and "this subpart." for "this subpart, except that in making such allotments, the Secretary shall give priority to schools of nursing which established student loan funds under this subpart after September 30, 1975.", and struck out subpar. (B) which read as follows: "With respect to funds available pursuant to subparagraph (A), any such funds returned to the Secretary and not allotted by the Secretary, during the period of availability specified in such subparagraph, shall be available to carry out section 297j of this title and, for such purpose, shall remain available until expended."
1988—Subsec. (a)(3). Pub. L. 100–607 designated existing provisions as subpar. (A) and added subpar. (B).
1985—Subsec. (a). Pub. L. 99–92 amended subsec. (a) generally, substituting provisions relating to application for allotment, reduction or adjustment of amount requested in application, reallotment, and availability of funds for allotment during fiscal years for provisions relating to determination of amount of allotment.
Subsec. (b). Pub. L. 99–92 amended subsec. (b) generally, substituting provisions relating to payment to a loan fund of a school of allotments for provisions relating to application for allotment, adjustment or reduction of amount requested in application, and reallotment.
1975—Subsec. (a). Pub. L. 94–63, §941(h)(1), (4)(A)(i), (i)(4), substituted "subpart" for "part" wherever appearing, struck out "(whether as Federal capital contributions or as loans to schools under section 297f of this title)" before "which are in excess", and substituted references to section 847 of the Act for references to section 824, which had previously been translated as section 297c of this title, requiring no further translations in text as a result of renumbering of the Public Health Service Act.
Subsec. (b)(1). Pub. L. 94–63, §941(h)(4)(A)(ii), struck out ", and for loans pursuant to section 297f of this title," after "contributions".
Subsec. (b)(2). Pub. L. 94–63, §941(h)(2), struck out "of Health, Education, and Welfare" after "Secretary".
Subsec. (c). Pub. L. 94–63, §941(h)(1), substituted "subpart" for "part".
1968—Subsec. (a). Pub. L. 90–490 substituted a new formula for distribution of Federal funds among schools of nursing by providing for allotment of funds among the schools entirely on the basis of their relative enrollments for former provisions which allocated funds among the States, 50 per centum on the basis of relative number of high school graduates, and 50 per centum on the basis of relative number of students enrolled in schools of nursing, and provided for determination of number of persons enrolled in such schools for most recent year for which satisfactory data are available to the Secretary.
1966—Subsec. (a). Pub. L. 89–751, §6(c)(1), authorized allotment of appropriations for payment as Federal capital contributions or as loans to schools under section 297f of this title, and directed that funds available in any fiscal year for payment to schools under this part (whether as Federal capital contributions or as loans to schools under section 297f of this title) which are in excess of the amount appropriated pursuant to section 297c of this title for that year shall be allotted among States and among schools within States in such manner as the Secretary determinates will best carry out the purposes of this part.
Subsec. (b)(1). Pub. L. 89–751, §6(c)(2), substituted "schools of nursing in a State must file applications for Federal capital contributions, and for loans pursuant to section 297f of this title, from the allotment of such State under the first two sentences of subsection (a) of this section" for "schools of nursing with which he has in effect agreements under this part must file applications for Federal capital contributions to their loan funds pursuant to section 297a(b)(2)(A) of this title".
Effective Date of 1988 Amendment
Section 713(h)(2) of Pub. L. 100–607 provided that: "Except as provided in Public Law 100–436 [Sept. 20, 1988, 102 Stat. 1680, see Tables for classification], the amendment made by paragraph (1) [amending this section] shall take effect as if such amendment had been effective on September 30, 1988, and as if section 843 of the Public Health Service Act, as added by section 715 of this title [section 297j of this title], had been effective on such date."
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 1966 Amendment
Amendment by Pub. L. 89–751 effective in the case of payments to student loan funds made after Nov. 3, 1966, except in the case of payments pursuant to commitments (made prior to Nov. 3, 1966) to make loans under section 297f of this title as in effect prior to Nov. 3, 1966, see section 6(e)(1) of Pub. L. 89–751, set out as a note under section 297c of this title.
Section Referred to in Other Sections
This section is referred to in sections 297a, 297c, 298b of this title.
§297e. Distribution of assets from loan funds
(a) Capital distribution of balance of loan fund
After September 30, 1996, and not later than December 31, 1999, there shall be a capital distribution of the balance of the loan fund established under an agreement pursuant to section 297a of this title by each school as follows:
(1) The Secretary shall first be paid an amount which bears the same ratio to such balance in such fund at the close of September 30, 1999, as the total amount of the Federal capital contributions to such fund by the Secretary pursuant to section 297a(b)(2)(A) of this title bears to the total amount in such fund derived from such Federal capital contributions and from funds deposited therein pursuant to section 297a(b)(2)(B) of this title.
(2) The remainder of such balance shall be paid to the school.
(b) Payment of principal or interest on loans
After December 31, 1999, each school with which the Secretary has made an agreement under this subpart shall pay to the Secretary, not less often than quarterly, the same proportionate share of amounts received by the school after September 30, 1999, in payment of principal or interest on loans made from the loan fund established pursuant to such agreement as was determined for the Secretary under subsection (a) of this section.
(c) Payment of balance of loan fund
(1) Within 90 days after the termination of any agreement with a school under section 297a of this title or the termination in any other manner of a school's participation in the loan program under this subpart, such school shall pay to the Secretary from the balance of the loan fund of such school established under section 297a of this title, an amount which bears the same ratio to the balance in such fund on the date of such termination as the total amount of the Federal capital contributions to such fund by the Secretary pursuant to section 297a(b)(2)(A) of this title bears to the total amount in such fund on such date derived from such Federal capital contributions and from funds deposited in the fund pursuant to section 297a(b)(2)(B) of this title. The remainder of such balance shall be paid to the school.
(2) A school to which paragraph (1) applies shall pay to the Secretary after the date on which payment is made under such paragraph and not less than quarterly, the same proportionate share of amounts received by the school after the date of termination referred to in paragraph (1) in payment of principal or interest on loans made from the loan fund as was determined for the Secretary under such paragraph.
(July 1, 1944, ch. 373, title VIII, §839, formerly §826, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 916; amended Nov. 3, 1966, Pub. L. 89–751, §6(d), 80 Stat. 1235; Aug. 16, 1968, Pub. L. 90–490, title II, §222(f), 82 Stat. 785; July 9, 1971, Pub. L. 92–52, §3(b), 85 Stat. 145; Nov. 18, 1971, Pub. L. 92–158, §6(d)(1), 85 Stat. 478; renumbered §839 and amended July 29, 1975, Pub. L. 94–63, title IX, §§936(d), 941(h)(1), (2), (4)(B), (i)(1), (5), 89 Stat. 363, 365, 366; July 10, 1979, Pub. L. 96–32, §7(j), 93 Stat. 84; Sept. 29, 1979, Pub. L. 96–76, title I, §109(c), 93 Stat. 580; Aug. 13, 1981, Pub. L. 97–35, title XXVII, §2757(d), 95 Stat. 931; Aug. 16, 1985, Pub. L. 99–92, §8(f), 99 Stat. 399; Nov. 4, 1988, Pub. L. 100–607, title VII, §713(i), 102 Stat. 3161; Oct. 13, 1992, Pub. L. 102–408, title II, §208(b), 106 Stat. 2075.)
Amendments
1992—Subsec. (a). Pub. L. 102–408, §208(b)(2), substituted "1999" for "1994" in introductory provisions and in par. (1).
Pub. L. 102–408, §208(b)(1), substituted "1996" for "1991" in introductory provisions.
Subsec. (b). Pub. L. 102–408, §208(b)(2), substituted "1999" for "1994" in two places.
1988—Subsec. (a). Pub. L. 100–607, §713(i)(1)(A), which directed substitution of "1994" for "1991" in text preceding par. (1), was executed by making the substitution for "1991" the second time appearing to reflect the probable intent of Congress.
Subsec. (a)(1). Pub. L. 100–607, §713(i)(1)(B), substituted "1994" for "1991".
Subsec. (b). Pub. L. 100–607, §713(i)(2), substituted "1994" for "1991" in two places.
1985—Subsecs. (a), (b). Pub. L. 99–92, §8(f)(1), substituted "1991" for "1987" wherever appearing.
Subsec. (c). Pub. L. 99–92, §8(f)(2), added subsec. (c).
1981—Pub. L. 97–35 substituted "1987" for "1983" wherever appearing.
1979—Subsec. (a). Pub. L. 96–76, §109(c)(1), substituted "September 30, 1983, and not later than December 31, 1983" for "September 30, 1980, and not later than December 31, 1981". Prior to amendment, subsec. (a) referred to "December 31, 1980" rather than to "December 31, 1981" as cited in directory language of Pub. L. 96–76. See below for explanation of amendment by Pub. L. 96–32.
Pub. L. 96–32 substituted "December 31, 1980" for "September 30, 1977".
Subsec. (a)(1). Pub. L. 96–76, §109(c)(2), substituted "1983" for "1980".
Subsec. (b). Pub. L. 96–76, §109(c)(3), substituted "1983" for "1980" wherever appearing.
1975—Subsec. (a). Pub. L. 94–63, §§936(d), 941(h)(2), (i)(5), substituted "September 30, 1980" for "June 30, 1977" wherever appearing, struck out "of Health, Education, and Welfare" after "Secretary", and substituted references to section 835 of the Act for references to section 822, which had previously been translated as section 297a of this title, requiring no further translations in text as a result of renumbering of the Public Health Service Act.
Subsec. (b). Pub. L. 94–63, §§936(d), 941(h)(1), (4)(B), substituted "subpart" for "part", "September 30, 1980" for "June 30, 1977", and "December 31, 1980" for "September 30, 1977" and struck out provisions relating to payments from revolving fund established by section 297f(d) of this title.
1971—Pub. L. 92–158 substituted "1977" for "1975" wherever appearing.
Pub. L. 92–52 substituted "1975" for "1974" wherever appearing.
1968—Pub. L. 90–490 substituted "1974" for "1972" wherever appearing.
1966—Subsec. (a). Pub. L. 89–751, §6(d)(1), (2), substituted "an agreement pursuant to section 297a(b) of this title" for "this part" in opening provisions, and in par. (1) substituted "such balance" for "the balance".
Subsec. (b). Pub. L. 89–751, §6(d)(3), inserted "(other than so much of such fund as relates to payments from the revolving fund established by section 297f(d) of this title)".
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 section 936(d) of Pub. L. 94–63 effective July 1, 1975, see section 905 of Pub. L. 94–63, set out as a note under section 296 of this title.
Amendment by section 941(h)(1), (2), (4)(B), (i)(1), (5) of 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 1966 Amendment
Amendment by Pub. L. 89–751 effective in the case of payments to student loan funds made after Nov. 3, 1966, except in the case of payments pursuant to commitments (made prior to Nov. 3, 1966) to make loans under section 297f of this title as in effect prior to Nov. 3, 1966, see section 6(e)(1) of Pub. L. 89–751, set out as a note under section 297c of this title.
Section Referred to in Other Sections
This section is referred to in section 297d of this title.
Section, act July 1, 1944, ch. 373, title VIII, §827, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 917; amended Nov. 3, 1966, Pub. L. 89–751, §6(a), 80 Stat. 1233; Aug. 16, 1968, Pub. L. 90–490, title II, §222(g), 82 Stat. 785; July 9, 1971, Pub. L. 92–52, §3(c), 85 Stat. 145; Nov. 18, 1971, Pub. L. 92–158, §6(d)(2), 85 Stat. 478, set out provisions relating to terms, conditions, limitations, manner of payment, etc., of loans to schools of nursing to capitalize student loan funds.
Effective Date of Repeal
Repeal effective July 1, 1975, see section 905 of Pub. L. 94–63, set out as an Effective Date of 1975 Amendment note under section 296 of this title.
Availability of Nurse Training Revolving Fund for Payment of Obligations Deposits Into Fund; Transfer of Excess Amounts to General Fund of Treasury Authorization of Appropriations
Section 936(e)(2), (3) of Pub. L. 94–63 provided that:
"(2) The nurse training fund created within the Treasury by section 827(d)(1) of the Act [section 297f(d)(1) of this section] shall remain available to the Secretary of Health, Education, and Welfare [now Health and Human Services] for the purpose of meeting his responsibilities respecting participations in obligations acquired under section 827 of the Act [this section]. The Secretary shall continue to deposit in such fund all amounts received by him as interest payments or repayments of principal on loans under such section 27[827]. If at any time the Secretary determines the moneys in the funds exceed the present and any reasonable prospective further requirements of such fund, such excess may be transferred to the general fund of the Treasury.
"(3) There are authorized to be appropriated without fiscal year limitation such sums as may be necessary to enable the Secretary to make payments under agreements entered into under section 827(b) of the Act [section 297f(b) of this title] before the date of the enactment of this Act [July 29, 1975]."
Conversion of Federal Capital Contribution to a Loan Under Section 297f of This Title
Pub. L. 89–751, §6(e)(2), Nov. 3, 1966, 80 Stat. 1236, authorized the Secretary of Health, Education, and Welfare to convert a Federal capital contribution to a student loan fund of a particular institution, made under this subchapter, from funds appropriated pursuant thereto for the fiscal year ending June 30, 1967, to a loan under section 297f of this title.
§297g. Modification of agreements; compromise, waiver or release
The Secretary may agree to modifications of agreements made under this subpart, and may compromise, waive, or release any right, title, claim, or demand of the United States arising or acquired under this subpart.
(July 1, 1944, ch. 373, title VIII, §840, formerly §828, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 917; renumbered §840 and amended July 29, 1975, Pub. L. 94–63, title IX, §941(h)(1), (4)(C), (i)(1), 89 Stat. 365.)
Amendments
1975—Pub. L. 94–63, §941(h)(1), (4)(C), substituted "subpart" for "part" wherever appearing and struck out "or loans" after "agreements".
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.
Section, act July 1, 1944, ch. 373, title VIII, §841, formerly §829, as added Aug. 16, 1968, Pub. L. 90–490, title II, §222(h), 82 Stat. 785; renumbered §841 and amended July 29, 1975, Pub. L. 94–63, title IX, §941(i)(1), (6), 89 Stat. 365, 366, related to transfers to the scholarship program.
Effective Date of Repeal
Repeal effective Oct. 1, 1985, see section 10(a) of Pub. L. 99–92, set out as an Effective Date of 1985 Amendment note under section 296k of this title.
§297i. Procedures for appeal of terminations
In any case in which the Secretary intends to terminate an agreement with a school of nursing under this subpart, the Secretary shall provide the school with a written notice specifying such intention and stating that the school may request a formal hearing with respect to such termination. If the school requests such a hearing within 30 days after the receipt of such notice, the Secretary shall provide such school with a hearing conducted by an administrative law judge.
(July 1, 1944, ch. 373, title VIII, §842, as added Aug. 16, 1985, Pub. L. 99–92, §8(g), 99 Stat. 399.)
Prior Provisions
A prior section 297i, act July 1, 1944, ch. 373, title VIII, §830, as added Nov. 18, 1971, Pub. L. 92–158, §6(b)(2), 85 Stat. 477, relating to loan forgiveness, was transferred to and redesignated as subsec. (j) of section 823 of act July 1, 1944, which is classified to section 297b of this title, by Pub. L. 94–63, title IX, §941(h)(5), July 29, 1975, 89 Stat. 365.
Effective Date
Section effective Oct. 1, 1985, see section 10(a) of Pub. L. 99–92, set out as an Effective Date of 1985 Amendment note under section 296k of this title.
subpart iii—loan repayment program
Prior Provisions
A prior subpart III related to scholarships for undergraduate education of professional nurses and consisted of section 297j of this title, prior to repeal by Pub. L. 102–531.
Another prior subpart III related to scholarship grants to schools of nursing and consisted of a prior section 297j of this title, prior to repeal by Pub. L. 99–92.
Section, act July 1, 1944, ch. 373, title VIII, §843, as added Nov. 4, 1988, Pub. L. 100–607, title VII, §715, 102 Stat. 3162; amended Nov. 18, 1988, Pub. L. 100–690, title II, §2616(a), 102 Stat. 4240; Aug. 16, 1989, Pub. L. 101–93, §5(s), 103 Stat. 614, provided grant authority for scholarships for undergraduate education of professional nurses.
A prior section 297j, act July 1, 1944, ch. 373, title VIII, §845, formerly §860, as added Aug. 16, 1968, Pub. L. 90–490, title II, §223(a), 82 Stat. 785; amended July 9, 1971, Pub. L. 92–52, §4, 85 Stat. 145; Nov. 18, 1971, Pub. L. 92–158, §7, 85 Stat. 478; renumbered §845 and amended July 29, 1975, Pub. L. 94–63, title IX, §§902(f), 937, 941(j)(1), (2), 89 Stat. 355, 363, 366; Sept. 29, 1979, Pub. L. 96–76, title I, §110(a), (b), 93 Stat. 580; Aug. 13, 1981, Pub. L. 97–35, title XXVII, §2758(a), (b), 95 Stat. 932, set forth provisions relating to scholarship grants to schools of nursing, prior to repeal by Pub. L. 99–92, §9(a)(2), Aug. 16, 1985, 99 Stat. 400, eff. Oct. 1, 1985.
A prior section 297k, act July 1, 1944, ch. 373, title VIII, §846, formerly §861, as added Aug. 16, 1968, Pub. L. 90–490, title II, §223(a), 82 Stat. 786; renumbered §846 and amended July 29, 1975, Pub. L. 94–63, title IX, §§941(j)(1), (3), 89 Stat. 366, related to transfers of funds to student loan program, prior to repeal by Pub. L. 97–35, title XXVII, §2758(c), Aug. 13, 1981, 95 Stat. 932.
Effective Date of Repeal
Repeal effective immediately after enactment of Pub. L. 102–408, approved Oct. 13, 1992, see section 313(c) of Pub. L. 102–531, set out as an Effective Date of 1992 Amendment note under section 292y of this title.
§297n. Loan repayment program
(a) In general
In the case of any individual—
(1) who has received a baccalaureate or associate degree in nursing (or an equivalent degree), a diploma in nursing, or a graduate degree in nursing;
(2) who obtained (A) one or more loans from a loan fund established under subpart II, or (B) any other educational loan for nurse training costs; and
(3) who enters into an agreement with the Secretary to serve as nurse for a period of not less than two years in an Indian Health Service health center, in a Native Hawaiian health center, in a public hospital, in a migrant health center, in a community health center, in a rural health clinic, or in a public or nonprofit private health facility determined by the Secretary to have a critical shortage of nurses;
the Secretary shall make payments in accordance with subsection (b) of this section, for and on behalf of that individual, on the principal of and interest on any loan of that individual described in paragraph (2) of this subsection which is outstanding on the date the individual begins the service specified in the agreement described in paragraph (3) of this subsection.
(b) Manner of payments
The payments described in subsection (a) of this section shall be made by the Secretary as follows:
(1) Upon completion by the individual for whom the payments are to be made of the first year of the service specified in the agreement entered into with the Secretary under subsection (a) of this section, the Secretary shall pay 30 percent of the principal of, and the interest on each loan of such individual described in subsection (a)(2) of this section which is outstanding on the date he began such practice.
(2) Upon completion by that individual of the second year of such service, the Secretary shall pay another 30 percent of the principal of, and the interest on each such loan.
(3) Upon completion by that individual of a third year of such service, the Secretary shall pay another 25 percent of the principal of, and the interest on each such loan.
(c) Payment by due date
Notwithstanding the requirement of completion of practice specified in subsection (b) of this section, the Secretary shall, on or before the due date thereof, pay any loan or loan installment which may fall due within the period of service for which the borrower may receive payments under this subsection, upon the declaration of such borrower, at such times and in such manner as the Secretary may prescribe (and supported by such other evidence as the Secretary may reasonably require), that the borrower is then serving as described by subsection (a)(3) of this section, and that the borrower will continue to so serve for the period required (in the absence of this subsection) to entitle the borrower to have made the payments provided by this subsection for such period; except that not more than 85 percent of the principal of any such loan shall be paid pursuant to this subsection.
(d) Breach of agreement
The Secretary may make payments under subsection (a) of this section on behalf of an individual only if the agreement under such subsection provides that section 298b–7(c) of this title is applicable to the individual.
(e) Preferences regarding participants
In entering into agreements under subsection (a) of this section, the Secretary shall give preference—
(1) to qualified applicants with the greatest financial need; and
(2) to qualified applicants that, with respect to health facilities described in such subsection, agree to serve in such health facilities located in geographic areas with a shortage of and need for nurses, as determined by the Secretary.
(f) Definitions
For purposes of this section:
(1) The term "community health center" has the meaning given such term in section 254c(a) of this title.
(2) The term "migrant health center" has the meaning given such term in section 254b(a)(1) of this title.
(3) The term "rural health clinic" has the meaning given such term in section 1395x(aa)(2) of this title.
(g) Authorization of appropriations
For the purpose of payments under agreements entered into under subsection (a) of this section, there are authorized to be appropriated $5,000,000 for fiscal year 1993, and $6,000,000 for fiscal year 1994.
(July 1, 1944, ch. 373, title VIII, §846, as added Oct. 13, 1992, Pub. L. 102–408, title II, §211(a)(3), 106 Stat. 2078.)
Prior Provisions
A prior section 297n, act July 1, 1944, ch. 373, title VIII, §847, as added Nov. 4, 1988, Pub. L. 100–607, title VII, §716, 102 Stat. 3163; amended Nov. 18, 1988, Pub. L. 100–690, title II, §2616(b), 102 Stat. 4240, established a demonstration program for student loans with respect to service in certain health care facilities in underserved areas, prior to repeal by Pub. L. 102–408, title II, §210, Oct. 13, 1992, 106 Stat. 2078.
A prior section 846 of act July 1, 1944, was classified to section 297k of this title and was repealed by Pub. L. 97–35.
Part C—General
§298. Advisory Council on Nurse Education and Practice
(a) There is hereby established a National Advisory Council on Nurse Education and Practice (in this section referred to as the "Council"), consisting of the Secretary (or his delegate), who shall be Chairman, and an ex officio member, and twenty-one members appointed by the Secretary without regard to the civil service laws. Three of the appointed members shall be selected from full-time students enrolled in schools of nursing, four of the appointed members shall be selected from the general public, one of the appointed members shall be selected from practicing professional nurses, one of the appointed members shall be selected from among representatives of associate degree schools of nursing, and twelve shall be selected from among leading authorities in the various fields of nursing, higher, and secondary education, and from representatives of hospitals and other institutions and organizations which provide nursing services. The student members of the Council shall be appointed for terms of one year and shall be eligible for reappointment to the Council.
(b) The Council shall advise the Secretary (or his delegate) in the preparation of general regulations and with respect to policy matters arising in the administration of this subchapter.
(July 1, 1944, ch. 373, title VIII, §851, formerly §841, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 917; amended Nov. 3, 1966, Pub. L. 89–751, §3(b), 80 Stat. 1230; Oct. 30, 1970, Pub. L. 91–515, title VI, §601(b)(2), 84 Stat. 1311; Nov. 18, 1971, Pub. L. 92–158, §§9, 13, 85 Stat. 479, 480; renumbered §851 and amended July 29, 1975, Pub. L. 94–63, title IX, §941(k)(1), (2), 89 Stat. 366; Aug. 13, 1981, Pub. L. 97–35, title XXVII, §2759(a), 95 Stat. 932; Aug. 16, 1985, Pub. L. 99–92, §9(d), 99 Stat. 402; Nov. 4, 1988, Pub. L. 100–607, title VII, §721(a), 102 Stat. 3165; Oct. 13, 1992, Pub. L. 102–408, title II, §212, 106 Stat. 2079.)
References in Text
The civil service laws, referred to in subsec. (a), are set out in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5.
Amendments
1992—Pub. L. 102–408, §212(2), substituted "Nurse Education and Practice" for "Nurses Education" in section catchline.
Subsec. (a). Pub. L. 102–408, §212(1), substituted "National Advisory Council on Nurse Education and Practice (in this section referred to as the 'Council'), consisting" for "Advisory Council on Nurses Education, consisting".
1988—Pub. L. 100–607, §721(a)(1), substituted "Advisory Council on Nurses Education" for "National Advisory Council on Nurse Training" in section catchline.
Subsec. (a). Pub. L. 100–607, §721(a)(2), substituted "Advisory Council on Nurses Education" for "National Advisory Council on Nurse Training" and "twenty-one" for "nineteen", and inserted ", one of the appointed members shall be selected from practicing professional nurses, one of the appointed members shall be selected from among representatives of associate degree schools of nursing," after "the general public".
1985—Subsec. (b). Pub. L. 99–92 struck out provisions respecting review of application functions of the Council.
1981—Subsec. (a). Pub. L. 97–35 substituted "an ex officio member" for "the Commissioner of Education, both of whom shall be ex officio members".
1975—Subsec. (a). Pub. L. 94–63, §941(k)(2)(C), redesignated subsec. (a)(1) as (a). Former subsec. (a)(2) redesignated (b).
Subsec. (b). Pub. L. 94–63, §941(k)(2)(A), (B), (D), redesignated subsec. (a)(2) as (b) and inserted "subpart I of" after "projects under" and "and of applications under subpart III of part A of this subchapter" after "296d of this title,". Former subsec. (b), which related to appointment, membership, etc., of review committees, was struck out.
1971—Subsec. (a)(1). Pub. L. 92–158, §§9, 13, substituted "nineteen members" for "sixteen members", and "Three of the appointed members shall be selected from full-time students enrolled in schools of nursing, four" for "Four", inserted "The student-members of the Council shall be appointed for terms of one year and shall be eligible for reappointment to the Council." and substituted "Secretary (or his delegate)" for "Surgeon General".
Subsec. (a)(2). Pub. L. 92–158, §13, substituted "Secretary (or his delegate)" for "Surgeon General".
1970—Subsec. (c). Pub. L. 91–515 struck out subsec. (c) which related to payment of compensation and travel expenses of appointed members of the Council or the review committee who are not regular full-time employees of the United States.
1966—Subsec. (c). Pub. L. 89–751 substituted "$100" for "$75".
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.
Termination of Advisory Councils
Pub. L. 93–641, §6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975.
§298a. Noninterference with administration of institutions
Nothing contained in this subchapter shall be construed as authorizing any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over, or impose any requirement or condition with respect to, the personnel, curriculum, methods of instruction, or administration of any institution.
(July 1, 1944, ch. 373, title VIII, §852, formerly §842, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 918; renumbered §852 and amended July 29, 1975, Pub. L. 94–63, title IX, §941(k)(1), 89 Stat. 366.)
§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.
§298b–1. Advance funding
Any appropriation Act which appropriates funds for any fiscal year for grants, contracts, or other payments under this subchapter may also appropriate for the next fiscal year the funds that are authorized to be appropriated for such payments for such next fiscal year; but no funds may be made available therefrom for obligation for such payments before the fiscal year for which such funds are authorized to be appropriated.
(July 1, 1944, ch. 373, title VIII, §854, formerly §844, as added Nov. 18, 1971, Pub. L. 92–158, §10, 85 Stat. 479; renumbered §854, July 29, 1975, Pub. L. 94–63, title IX, §941(k)(1), 89 Stat. 366.)
§298b–2. Prohibition against discrimination by schools on basis of sex
The Secretary may not make a grant, loan guarantee, or interest subsidy payment under this subchapter to, or for the benefit of, any school of nursing unless the application for the grant, loan guarantee, or interest subsidy payment contains assurances satisfactory to the Secretary that the school will not discriminate on the basis of sex in the admission of individuals to its training programs. The Secretary may not enter into a contract under this subchapter with any school unless the school furnishes assurances satisfactory to the Secretary that it will not discriminate on the basis of sex in the admission of individuals to its training programs.
(July 1, 1944, ch. 373, title VIII, §855, formerly, §845, as added Nov. 18, 1971, Pub. L. 92–158, §11, 85 Stat. 479; renumbered §855, July 29, 1975, Pub. L. 94–63, title IX, §941(k)(1), 89 Stat. 366.)
§298b–3. Delegation of authority to administer programs; exceptions
The Secretary may delegate the authority to administer any program authorized by this subchapter to the administrator of a central or regional office or offices in the Department of Health and Human Services, except that the authority—
(1) to review, and prepare comments on the merit of, any application for a grant or contract under any program authorized by this subchapter for purposes of presenting such application to the Advisory Council on Nurses Education, or
(2) to make such a grant or enter into such a contract,
shall not be further delegated to any administrator of, or officer in, any regional office or offices in the Department.
(July 1, 1944, ch. 373, title VIII, §856, as added July 29, 1975, Pub. L. 94–63, title IX, §941(k)(4), 89 Stat. 367; amended Aug. 13, 1981, Pub. L. 97–35, title XXVII, §2759(c), 95 Stat. 932; Nov. 4, 1988, Pub. L. 100–607, title VII, §721(b)(2), 102 Stat. 3165.)
Amendments
1988—Par. (1). Pub. L. 100–607 substituted "Advisory Council on Nurses Education" for "National Advisory Council on Nurse Training".
1981—Pub. L. 97–35 substituted "Health and Human Services" for "Health, Education, and Welfare".
Effective Date
Section effective July 1, 1975, see section 942 of Pub. L. 94–63, set out as an Effective Date of 1975 Amendment note under section 296a of this title.
§298b–4. Technical assistance
Funds appropriated under this subchapter may be used by the Secretary to provide technical assistance in relation to any of the authorities under this subchapter.
(July 1, 1944, ch. 373, title VIII, §857, as added Jan. 4, 1983, Pub. L. 97–414, §8(m), 96 Stat. 2061.)
§298b–5. Recovery for construction assistance
(a) Conditions for recovery by United States of base amount and interest
If at any time within 20 years (or within such shorter period as the Secretary may prescribe by regulation for an interim facility) after the completion of construction of a facility with respect to which funds have been paid under subpart I of part A of this subchapter (as such subpart was in effect on September 30, 1985)—
(1) the owner of the facility ceases to be a public or nonprofit school,
(2) the facility ceases to be used for the training purposes for which it was constructed, or
(3) the facility is used for sectarian instruction or as a place for religious worship,
the United States shall be entitled to recover from the owner of the facility the base amount prescribed by subsection (c)(1) of this section plus the interest (if any) prescribed by subsection (c)(2) of this section.
(b) Notice by owner of cessation or change of use of facility
The owner of a facility which ceases to be a public or nonprofit school as described in paragraph (1) of subsection (a) of this section, or the owner of a facility the use of which changes as described in paragraph (2) or (3) of such subsection shall provide the Secretary written notice of such cessation or change of use within 10 days after the date on which such cessation or change of use occurs or within 30 days after October 22, 1985, whichever is later.
(c) Computation of base amount and interest
(1) The base amount that the United States is entitled to recover under subsection (a) of this section is the amount bearing the same ratio to the then value (as determined by the agreement of the parties or in an action brought in the district court of the United States for the district in which the facility is situated) of the facility as the amount of the Federal participation bore to the cost of the construction.
(2)(A) The interest that the United States is entitled to recover under subsection (a) of this section is the interest for the period (if any) described in subparagraph (B) at a rate (determined by the Secretary) based on the average of the bond equivalent rates of 91-day Treasury bills auctioned during such period.
(B) The period referred to in subparagraph (A) is the period beginning—
(i) if notice is provided as prescribed by subsection (b) of this section, 191 days after the date on which the owner of the facility ceases to be a public or nonprofit school as described in paragraph (1) of subsection (a) of this section, or 191 days after the date on which the use of the facility changes as described in paragraph (2) or (3) of such subsection, or
(ii) if notice is not provided as prescribed by subsection (b) of this section, 11 days after the date on which such cessation or change of use occurs,
and ending on the date the amount the United States is entitled to recover is collected.
(d) Waiver of recovery rights of United States
The Secretary may waive the recovery rights of the United States under subsection (a)(2) of this section with respect to a facility (under such conditions as the Secretary may establish by regulation) if the Secretary determines that there is good cause for waiving such rights.
(e) Nature of prejudgment right of recovery
The right of recovery of the United States under subsection (a) of this section shall not, prior to judgment, constitute a lien on any facility.
(July 1, 1944, ch. 373, title VIII, §858, formerly §804, as added Sept. 4, 1964, Pub. L. 88–581, §2, 78 Stat. 911; amended Nov. 18, 1971, Pub. L. 92–158, §§2(d)(3), 13, 85 Stat. 468, 480; July 29, 1975, Pub. L. 94–63, title IX, §941(c), 89 Stat. 364; renumbered §858 and amended Aug. 16, 1985, Pub. L. 99–92, §9(c)(1), 99 Stat. 400; Oct. 22, 1985, Pub. L. 99–129, title II, §207(e)(1)–(3), 99 Stat. 529.)
References in Text
Subpart I of part A of this subchapter, referred to in subsec. (a), which consisted of sections 296 to 296d of this title was repealed (except for section 296c which was transferred to this section) by section 9(a)(1), (b)(1), (c)(1) of Pub. L. 99–92.
Codification
Provisions of this section were classified to section 296c of this title prior to renumbering by Pub. L. 99–92.
Amendments
1985—Subsec. (a). Pub. L. 99–92, in amending section generally, designated existing provisions as subsec. (a) and substituted provisions relating to recovery of funds paid under subpart I of part A, as in effect on Sept. 30, 1985, of the base amount and interest prescribed by subsec. (c), for provisions relating to recovery of funds paid under subpart I of part A of the amount bearing the same ratio to the value, as determined by the parties or in a judicial action, which the amount of the Federal participation bore to the cost of construction of the facility.
Subsec. (b). Pub. L. 99–129, §207(e)(1), substituted "within" for "not later than" and inserted "or within 30 days after October 22, 1985, whichever is later".
Pub. L. 99–92 added subsec. (b).
Subsec. (c). Pub. L. 99–92 added subsec. (c).
Subsec. (c)(2)(B)(i). Pub. L. 99–129, §207(e)(2), substituted designation "(i)" for "(1)" before "if notice is provided".
Subsec. (d). Pub. L. 99–129, §207(e)(3), substituted "subsection (a)(2) of this section" for "subsection (a) of this section".
Pub. L. 99–92 added subsec. (d).
Subsec. (e). Pub. L. 99–92 added subsec. (e).
1975—Pub. L. 94–63 substituted "subpart" for "part" and redesignated pars. (a), (b), and (c) as (1), (2), and (3), respectively.
1971—Pub. L. 92–158, in text preceding subsec. (a), inserted "(or in the case of interim facilities, within such shorter period as the Secretary shall by regulation prescribe)" after "twenty years" and in subsec. (b), substituted "Secretary" for "Surgeon General".
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–92 effective Aug. 16, 1985, see section 10(b)(1) 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.
Interest Period for Facility Constructed On or Before August 16, 1985, or Within 180 Days After August 16, 1985
Section 9(c)(2) of Pub. L. 99–92 as amended by Pub. L. 99–129, title II, §207(e)(4), Aug. 16, 1985, 99 Stat. 529, provided that: "In the case of any facility that was or is constructed on or before the date of enactment of this Act [Aug. 16, 1985] or within 180 days after the date of enactment of this Act, the period described in clause (i) or (ii), as the case may be, of section 858(c)(2)(B) of the Public Health Service Act [subsec. (c)(2)(B)(i), (ii) of this section] (as amended by paragraph (1) of this subsection) shall begin no earlier than 181 days after the date of enactment of this Act."
Preservation of Legal Rights of United States
Section 9(c)(3) of Pub. L. 99–92 provided that: "The amendments made by paragraph (1) of this subsection [transferring section 296c of this title to section 298b–5 of this title and amending section 298b–5 of this title] shall not adversely affect other legal rights of the United States."
§298b–6. Evaluations
(a) Evaluations directly or through contractual arrangement; dissemination of information
The Secretary shall, directly or through contracts with public and private entities, provide for evaluations of projects carried out pursuant to this subchapter and for the dissemination of information developed as result 1 of such projects. Such evaluations shall include an evaluation of the effectiveness of such projects in increasing the recruitment and retention of nurses.
(b) Reports to Congress
The Secretary shall, not later than January 10, 1994, and every 2 years thereafter, submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report summarizing evaluations carried out pursuant to subsection (a) of this section during the preceding two fiscal years.
(c) Amounts available from appropriated funds
Of the amounts appropriated each fiscal year to carry out this subchapter, the Secretary shall make available one percent to carry out this section.
(July 1, 1944, ch. 373, title VIII, §859, as added Nov. 4, 1988, Pub. L. 100–607, title VII, §722, 102 Stat. 3165; amended Oct. 13, 1992, Pub. L. 102–408, title II, §213, 106 Stat. 2080.)
Amendments
1992—Subsec. (b). Pub. L. 102–408 struck out par. (1) which read as follows: "The Secretary shall, not later than January 10, 1989, submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the manner in which the Secretary intends to carry out subsection (a) of this section.", struck out par. designation "(2)" before "The Secretary", and substituted "not later than January 10, 1994, and every 2 years thereafter, submit" for "not later than January 10, 1991, and biannually thereafter, submit".
Change of Name
Committee on Energy and Commerce of House of Representatives changed to Committee on Commerce of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§298b–7. Certain generally applicable provisions
(a) Application for grants, cooperative agreements, or contracts
The Secretary may make an award of a grant, cooperative agreement, or contract under this subchapter only if an application for the award is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out the program authorizing the award.
(b) Duration of assistance
(1) In general
Subject to paragraph (2), in the case of an award to an entity of a grant, cooperative agreement, or contract under this subchapter, the period during which payments are made to the entity under the award may not exceed 5 years. The provision of payments under the award shall be subject to annual approval by the Secretary of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments. This paragraph may not be construed as limiting the number of awards under the program involved that may be made to the entity.
(2) Limitation
In the case of an award to an entity of a grant, cooperative agreement, or contract under this subchapter, paragraph (1) shall apply only to the extent not inconsistent with any other provision of this subchapter that relates to the period during which payments may be made under the award.
(c) Breach of agreements for obligated service
(1) In general
In the case of any program under this subchapter under which an individual makes an agreement to provide health services for a period of time in accordance with such program in consideration of receiving an award of Federal funds regarding education as a nurse (including an award for the repayment of loans), the following applies if the agreement provides that this subsection is applicable:
(A) In the case of a program under this subchapter that makes an award of Federal funds for attending an accredited program of nursing (in this subsection referred to as "nursing program"), the individual is liable to the Federal Government for the amount of such award (including amounts provided for expenses related to such attendance), and for interest on such amount at the maximum legal prevailing rate, if the individual—
(i) fails to maintain an acceptable level of academic standing in the nursing program (as indicated by the program in accordance with requirements established by the Secretary);
(ii) is dismissed from the nursing program for disciplinary reasons; or
(iii) voluntarily terminates the nursing program.
(B) The individual is liable to the Federal Government for the amount of such award (including amounts provided for expenses related to such attendance), and for interest on such amount at the maximum legal prevailing rate, if the individual fails to provide health services in accordance with the program under this subchapter for the period of time applicable under the program.
(2) Waiver or suspension of liability
In the case of an individual or health facility making an agreement for purposes of paragraph (1), the Secretary shall provide for the waiver or suspension of liability under such paragraph if compliance by the individual or the health facility, as the case may be, with the agreements involved is impossible, or would involve extreme hardship to the individual or facility, and if enforcement of the agreements with respect to the individual or facility would be unconscionable.
(3) Date certain for recovery
Subject to paragraph (2), any amount that the Federal Government is entitled to recover under paragraph (1) shall be paid to the United States not later than the expiration of the three-year period beginning on the date the United States becomes so entitled.
(4) Availability
Amounts recovered under paragraph (1) with respect to a program under this subchapter shall be available for the purposes of such program, and shall remain available for such purposes until expended.
(d) Peer review regarding certain programs
Each application for a grant or contract under any of sections 296l, 296m, and 296r of this title shall be submitted to a peer review group for an evaluation of the merits of the proposals made in the application. The Secretary may not approve such an application unless a peer review group has recommended the application for approval. Each peer review group under this subsection shall be composed principally of individuals who are not officers or employees of the Federal Government. This subsection shall be carried out by the Secretary acting through the Administrator of the Health Resources and Services Administration.
(e) Preferences and required information in certain programs
(1) Preferences in making awards
(A) Subject to subparagraph (B), in awarding grants or contracts under any of sections 296l, 296m, 297, and 297–1 of this title, the Secretary shall give preference to any qualified applicant that—
(i) has a high rate for placing graduates in practice settings having the principal focus of serving residents of medically underserved communities; or
(ii) during the 2-year period preceding the fiscal year for which such an award is sought, has achieved a significant increase in the rate of placing graduates in such settings.
(B) For purposes of subparagraph (A), the Secretary may not give an applicant preference if the proposal of the applicant is ranked at or below the 20th percentile of proposals that have been recommended for approval by peer review groups under subsection (d) of this section.
(2) Required submission of information
The Secretary may make an award of a grant or contract under any of sections 296l, 296m, 297, and 297–1 of this title only if the applicant for the award submits to the Secretary (through the application for the award) the following information regarding the programs of the applicant:
(A) A description of rotations or preceptorships for students that have the principal focus of providing health care to medically underserved communities.
(B) The number of faculty on admissions committees who have a clinical practice in community-based ambulatory settings in medically underserved or rural communities.
(C) With respect to individuals who are from disadvantaged backgrounds or from medically underserved communities, the number of such individuals who are recruited for academic programs of the applicant, the number of such individuals who are admitted to such programs, and the number of such individuals who graduate from such programs.
(D) If applicable to the applicant, the number of recent graduates who have chosen careers in primary health care.
(E) The number of recent graduates whose practices are serving medically underserved communities.
(F) A description of whether and to what extent the applicant is able to operate without Federal assistance under this subchapter.
(3) "Graduate" defined
For purposes of this subsection, the term "graduate" means, unless otherwise specified, an individual who has successfully completed all training requirements necessary for full certification in the health profession selected by the individual.
(July 1, 1944, ch. 373, title VIII, §860, as added Oct. 13, 1992, Pub. L. 102–408, title II, §209, 106 Stat. 2075; amended Oct. 27, 1992, Pub. L. 102–531, title III, §313(a)(10), 106 Stat. 3507; June 10, 1993, Pub. L. 103–43, title XX, §2014(g), 107 Stat. 217.)
Amendments
1993—Subsec. (d). Pub. L. 103–43, which directed the substitution of "296l, 296m, and 296r" for "296l, 296m, 297, and 297–1", was executed by making the substitution for "296l, 296m, 296r, 297, and 297–1" to reflect the probable intent of Congress and the amendment by Pub. L. 102–531. See below.
1992—Subsec. (d). Pub. L. 102–531 inserted reference to section 296r of this title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–531 effective immediately after enactment of Pub. L. 102–408, see section 313(c) of Pub. L. 102–531, set out as a note under section 292y of this title.
Section Referred to in Other Sections
This section is referred to in section 297n of this title.
Part D—Scholarship Grants to Schools of Nursing
Part Referred to in Other Sections
This part is referred to in section 296e of this title.
§§298c, 298c–1. Transferred
Codification
Section 298c, act July 1, 1944, ch. 373, title VIII, §860, as added Aug. 16, 1968, Pub. L. 90–490, title II, §223(a), 82 Stat. 785; amended July 9, 1971, Pub. L. 92–52, §4, 85 Stat. 145; Nov. 18, 1971, Pub. L. 92–158, §7, 85 Stat. 478, which related to scholarship grants, was renumbered section 845 of act July 1, 1944, by Pub. L. 94–63 and transferred to section 297j of this title and subsequently repealed.
A prior section 298c, act July 1, 1944, ch. 373, title VIII, §861, as added Nov. 3, 1966, Pub. L. 89–751, §8(b), 80 Stat. 1236, stated the purposes of opportunity grants for nursing education and authorized appropriations of $3,000,000, $5,000,000, and $7,000,000 for fiscal years ending June 30, 1967, 1968, and 1969, respectively, to be available for payments to institutions until close of fiscal year succeeding fiscal year for which appropriated, prior to the reorganization and amendment of this subchapter by Pub. L. 90–490.
Section 298c–1, act July 1, 1944, ch. 373, title VIII, §861, as added Aug. 16, 1968, Pub. L. 90–490, title II, §223(a), 82 Stat. 786, related to transfers to student loan program, was renumbered section 846 of act July 1, 1944, by Pub. L. 94–63 and transferred to section 297k of this title and subsequently repealed.
A prior section 298c–1, act July 1, 1944, ch. 373, title VIII, §862, as added Nov. 3, 1966, Pub. L. 89–751, §8(b), 80 Stat. 1237, prescribed amount of nursing educational opportunity grant and provided for its annual determination, prior to the reorganization and amendment of this subchapter by Pub. L. 90–490.
§§298c–2 to 298c–6. Omitted
Codification
Sections 298c–2 to 298c–6 were omitted in the reorganization and amendment of this subchapter by Pub. L. 90–490, title II, §223, Aug. 16, 1968, 82 Stat. 785.
Section 298c–2, act July 1, 1944, ch. 373, title VIII, §863, as added Nov. 3, 1966, Pub. L. 89–751, §8(b), 80 Stat. 1237, related to duration of a nursing educational opportunity grant.
Section 298c–3, act July 1, 1944, ch. 373, title VIII, §864, as added Nov. 3, 1966, Pub. L. 89–751, §8(b), 80 Stat. 1238, related to selection of recipients of nursing educational opportunity grants.
Section 298c–4, act July 1, 1944, ch. 373, title VIII, §865, as added Nov. 3, 1966, Pub. L. 89–751, §8(b), 80 Stat. 1238, related to allotment of nursing educational opportunity grant funds among States.
Section 298c–5, act July 1, 1944, ch. 373, title VIII, §866, as added Nov. 3, 1966, Pub. L. 89–751, §8(b), 80 Stat. 1238, related to allocation of allotted funds to schools of nursing.
Section 298c–6, act July 1, 1944, ch. 373, title VIII, §867, as added Nov. 3, 1966, Pub. L. 89–751, §8(b), 80 Stat. 1239, related to agreements with schools of nursing.
Section, act July 1, 1944, ch. 373, title VIII, §868, as added Nov. 3, 1966, Pub. L. 89–751, §8(b), 80 Stat. 1239; amended Nov. 18, 1971, Pub. L. 92–158, §8, 85 Stat. 478; July 29, 1975, Pub. L. 94–63, title IX, §902(g), 89 Stat. 355, authorized grants and contracts to encourage full utilization of educational talent for nursing profession and authorized appropriations from fiscal year ending June 30, 1972 through fiscal year ending June 30, 1975 for implementation.
Effective Date of Repeal
Repeal effective July 1, 1975, see section 905 of Pub. L. 94–63, set out as an Effective Date of 1975 Amendment note under section 296 of this title.
Section, act, July 1, 1944, ch. 373, title VIII, §869, as added Nov. 3, 1966, Pub. L. 89–751, §8(b), 80 Stat. 1240, defined "academic year".
Effective Date of Repeal
Repeal effective July 1, 1975, see section 942 of Pub. L. 94–63, set out as an Effective Date of 1975 Amendment note under section 296a of this title.