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.