§ 296e. Generally applicable provisions

Legislative history

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

1. 1944

   Nursing Education and Practice Improvement Act of 1998

   Pub. L. 105–392 title I § 123(4) · 112 Stat. 3524

   Enacted · 42 U.S.C. § 296e

   July 1, 1944, ch. 373, title VIII, § 806, as added Pub. L. 105–392, title I, § 123(4), Nov. 13, 1998, 112 Stat. 3565

   Source evidence

   Code source credit
   July 1, 1944, ch. 373, title VIII, § 806, as added Pub. L. 105–392, title I, § 123(4), Nov. 13, 1998, 112 Stat. 3565

   Enacted provision · exact public law section
   (4) by inserting after the title heading the following new parts: “PART A— GENERAL PROVISIONS “SEC. 801. DEFINITIONS. “As used in this title: “(1) Eligible entities.— The term ‘eligible entities’ means schools of nursing, nursing centers, academic health centers, State or local governments, and other public or private nonprofit entities determined appropriate by the Secretary that submit to the Secretary an application in accordance with section 802. “(2) School of nursing.— The term ‘school of nursing’ means a collegiate, associate degree, or diploma school of nursing in a State. “(3) Collegiate school of nursing.— 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 related 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, or to an equivalent degree, 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) Associate degree school of nursing.— 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) Diploma school of nursing.— 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) Accredited.— “(A) In general.— Except as provided in subparagraph (B), 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. 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. “(B) New programs.— A new program of nursing that, by reason of an insufficient period of operation, is not, at the time of the submission of an application for a grant or contract under this title, eligible for accreditation by such a recognized body or bodies or State agency, shall be deemed accredited for purposes of this title if the Secretary of Education finds, after consultation with the appropriate accreditation body or bodies, that there is reasonable assurance that the program 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 of the first entering class in such a program. “(7) Nonprofit.— 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) State.— 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. “SEC. 802. 42 USC 296a. APPLICATION. “(a) In General.— To be eligible to receive a grant or contract under this title, an eligible entity shall prepare and submit to the Secretary an application that meets the requirements of this section, at such time, in such manner, and containing such information as the Secretary may require. “(b) Plan.— An application submitted under this section shall contain the plan of the applicant for carrying out a project with amounts received under this title. Such plan shall be consistent with relevant Federal, State, or regional program plans. “(c) Performance Outcome Standards.— An application submitted under this section shall contain a specification by the applicant entity of performance outcome standards that the project to be funded under the grant or contract will be measured against. Such standards shall address relevant national nursing needs that the project will meet. The recipient of a grant or contract under this section shall meet the standards set forth in the grant or contract application. “(d) Linkages.— An application submitted under this section shall contain a description of the linkages with relevant educational and health care entities, including training programs for other health professionals as appropriate, that the project to be funded under the grant or contract will establish. “SEC. 803. 42 USC 296b. USE OF FUNDS. “(a) In General.— Amounts provided under a grant or contract awarded under this title may be used for training program development and support, faculty development, model demonstrations, trainee support including tuition, books, program fees and reasonable living expenses during the period of training, technical assistance, workforce analysis, and dissemination of information, as appropriate to meet recognized nursing objectives, in accordance with this title. “(b) Maintenance of Effort.— With respect to activities for which a grant awarded under this title is to be expended, the entity shall agree to maintain expenditures of non-Federal amounts for such activities at a level that is not less than the level of such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives such a grant. “SEC. 804. MATCHING REQUIREMENT. “The Secretary may require that an entity that applies for a grant or contract under this title provide non-Federal matching funds, as appropriate, to ensure the institutional commitment of the entity to the projects funded under the grant. Such non-Federal matching funds may be provided directly or through donations from public or private entities and may be in cash or in-kind, fairly evaluated, including plant, equipment, or services. “SEC. 805. PREFERENCE. “In awarding grants or contracts under this title, the Secretary shall give preference to applicants with projects that will substantially benefit rural or underserved populations, or help meet public health nursing needs in State or local health departments. “SEC. 806. GENERALLY APPLICABLE PROVISIONS. “(a) Awarding of Grants and Contracts.— The Secretary shall ensure that grants and contracts under this title are awarded on a competitive basis, as appropriate, to carry out innovative demonstration projects or provide for strategic workforce supplementation activities as needed to meet national nursing service goals and in accordance with this title. Contracts may be entered into under this title with public or private entities as determined necessary by the Secretary. “(b) Information Requirements.— “(1) In general.— Recipients of grants and contracts under this title shall meet information requirements as specified by the Secretary. “(2) Evaluations.— The Secretary shall establish procedures to ensure the annual evaluation of programs and projects operated by recipients of grants under this title. Such procedures shall ensure that continued funding for such programs and projects will be conditioned upon a demonstration that satisfactory progress has been made by the program or project in meeting the objectives of the program or project. “(c) Training Programs.— Training programs conducted with amounts received under this title shall meet applicable accreditation and quality standards. “(d) 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 title, 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 title, paragraph (1) shall apply only to the extent not inconsistent with any other provision of this title that relates to the period during which payments may be made under the award. “(e) Peer Review Regarding Certain Programs.— “(1) In general.— Each application for a grant under this title, except advanced nurse traineeship grants under section 811(a)(2), 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. “(2) Composition.— Each peer review group under this subsection shall be composed principally of individuals who are not officers or employees of the Federal Government. In providing for the establishment of peer review groups and procedures, the Secretary shall, except as otherwise provided, ensure sex, racial, ethnic, and geographic representation among the membership of such groups. “(3) Administration.— This subsection shall be carried out by the Secretary acting through the Administrator of the Health Resources and Services Administration. “(f) Analytic Activities.— The Secretary shall ensure that— “(1) cross-cutting workforce analytical activities are carried out as part of the workforce information and analysis activities under this title; and “(2) discipline-specific workforce information is developed and analytical activities are carried out as part of— “(A) the advanced education nursing activities under part B; “(B) the workforce diversity activities under part C; and “(C) basic nursing education and practice activities under part D. “(g) State and Regional Priorities.— Activities under grants or contracts under this title shall, to the extent practicable, be consistent with related Federal, State, or regional nursing professions program plans and priorities. “(h) Filing of Applications.— “(1) In general.— Applications for grants or contracts under this title may be submitted by health professions schools, schools of nursing, academic health centers, State or local governments, or other appropriate public or private nonprofit entities as determined appropriate by the Secretary in accordance with this title. “(2) For-profit entities.— Notwithstanding paragraph (1), a for-profit entity may be eligible for a grant or contract under this title as determined appropriate by the Secretary. “SEC. 807. 42 USC 296f. TECHNICAL ASSISTANCE. “Funds appropriated under this title may be used by the Secretary to provide technical assistance in relation to any of the authorities under this title. “PART B— NURSE PRACTITIONERS, NURSE MIDWIVES, NURSE ANESTHETISTS, AND OTHER ADVANCED EDUCATION NURSES “SEC. 811. 42 USC 296j. ADVANCED EDUCATION NURSING GRANTS. “(a) In General.— The Secretary may award grants to and enter into contracts with eligible entities to meet the costs of— “(1) projects that support the enhancement of advanced nursing education and practice; and “(2) traineeships for individuals in advanced nursing education programs. “(b) Definition of Advanced Education Nurses.— For purposes of this section, the term ‘advanced education nurses’ means individuals trained in advanced degree programs including individuals in combined R.N./Master’s degree programs, post-nursing master’s certificate programs, or, in the case of nurse midwives, in certificate programs in existence on the date that is one day prior to the date of enactment of this section, to serve as nurse practitioners, clinical nurse specialists, nurse midwives, nurse anesthetists, nurse educators, nurse administrators, or public health nurses, or in other nurse specialties determined by the Secretary to require advanced education. “(c) Authorized Nurse Practitioner and Nurse Midwifery Programs.— Nurse practitioner and nurse midwifery programs eligible for support under this section are educational programs for registered nurses (irrespective of the type of school of nursing in which the nurses received their training) that— “(1) meet guidelines prescribed by the Secretary; and “(2) 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, acute care, and other health care settings. “(d) Authorized Nurse Anesthesia Programs.— Nurse anesthesia programs eligible for support under this section are education programs that— “(1) provide registered nurses with full-time anesthetist education; and “(2) are accredited by the Council on Accreditation of Nurse Anesthesia Educational Programs. “(e) Other Authorized Educational Programs.— The Secretary shall prescribe guidelines as appropriate for other advanced nurse education programs eligible for support under this section. “(f) Traineeships.— “(1) In general.— The Secretary may not award a grant to an applicant under subsection (a) unless the applicant involved agrees that traineeships provided with the grant will only pay all or part of the costs of— “(A) the tuition, books, and fees of the program of advanced nurse education with respect to which the traineeship is provided; and “(B) the reasonable living expenses of the individual during the period for which the traineeship is provided. “(2) Doctoral programs.— The Secretary may not obligate more than 10 percent of the traineeships under subsection (a) for individuals in doctorate degree programs. “(3) Special consideration.— In making awards of grants and contracts under subsection (a)(2), the Secretary shall give special consideration to an eligible entity that agrees to expend the award to train advanced education nurses who will practice in health professional shortage areas designated under section 332. “PART C— INCREASING NURSING WORKFORCE DIVERSITY “SEC. 821. 42 USC 296m. WORKFORCE DIVERSITY GRANTS. “(a) In General.— The Secretary may award grants to and enter into contracts with eligible entities to meet the costs of special projects to increase nursing education opportunities for individuals who are from disadvantaged backgrounds (including racial and ethnic minorities underrepresented among registered nurses) by providing student scholarships or stipends, pre-entry preparation, and retention activities. “(b) Guidance.— In carrying out subsection (a), the Secretary shall take into consideration the recommendations of the First, Second and Third Invitational Congresses for Minority Nurse Leaders on ‘Caring for the Emerging Majority,’ in 1992, 1993 and 1997, and consult with nursing associations including the American Nurses Association, the National League for Nursing, the American Association of Colleges of Nursing, the National Black Nurses Association, the National Association of Hispanic Nurses, the Association of Asian American and Pacific Islander Nurses, the Native American Indian and Alaskan Nurses Association, and the National Council of State Boards of Nursing. “(c) Required Information and Conditions for Award Recipients.— “(1) In general.— Recipients of awards under this section may be required, where requested, to report to the Secretary concerning the annual admission, retention, and graduation rates for individuals from disadvantaged backgrounds and ethnic and racial minorities in the school or schools involved in the projects. “(2) Falling rates.— If any of the rates reported under paragraph (1) fall below the average of the two previous years, the grant or contract recipient shall provide the Secretary with plans for immediately improving such rates. “(3) Ineligibility.— A recipient described in paragraph (2) shall be ineligible for continued funding under this section if the plan of the recipient fails to improve the rates within the 1-year period beginning on the date such plan is implemented. “PART D— STRENGTHENING CAPACITY FOR BASIC NURSE EDUCATION AND PRACTICE “SEC. 831. 42 USC 296p. BASIC NURSE EDUCATION AND PRACTICE GRANTS. “(a) In General.— The Secretary may award grants to and enter into contracts with eligible entities for projects to strengthen capacity for basic nurse education and practice. “(b) Priority Areas.— In awarding grants or contracts under this section the Secretary shall give priority to entities that will use amounts provided under such a grant or contract to enhance the educational mix and utilization of the basic nursing workforce by strengthening programs that provide basic nurse education, such as through— “(1) establishing or expanding nursing practice arrangements in noninstitutional settings to demonstrate methods to improve access to primary health care in medically underserved communities; “(2) providing care for underserved populations and other high-risk groups such as the elderly, individuals with HIV-AIDS, substance abusers, the homeless, and victims of domestic violence; “(3) providing managed care, quality improvement, and other skills needed to practice in existing and emerging organized health care systems; “(4) developing cultural competencies among nurses; “(5) expanding the enrollment in baccalaureate nursing programs; “(6) promoting career mobility for nursing personnel in a variety of training settings and cross training or specialty training among diverse population groups; “(7) providing education in informatics, including distance learning methodologies; or “(8) other priority areas as determined by the Secretary.”;

2. 2020

   Coronavirus Aid, Relief, and Economic Security Act

   Pub. L. 116–136 § 3404(a)(4)(A) · 134 Stat. 281

   Substituted · 42 U.S.C. § 296e(a)

   Pub. L. 116–136, § 3404(a)(4)(A), substituted “as needed to address national nursing needs, including—”, pars. (1) to (3), and concluding provisions for “as needed to meet national nursing service goals and in accordance with this subchapter. Contracts may be entered into under this subchapter with public or private entities as determined necessary by the Secretary.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 116–136, § 3404(a)(4)(A), substituted “as needed to address national nursing needs, including—”, pars. (1) to (3), and concluding provisions for “as needed to meet national nursing service goals and in accordance with this subchapter. Contracts may be entered into under this subchapter with public or private entities as determined necessary by the Secretary.”

   Enacted provision · exact public law section
   (A) in subsection (a), by striking “as needed to” and all that follows and inserting the following: “as needed to address national nursing needs, including— “(1) addressing challenges, including through supporting training and education of nursing students, related to the distribution of the nursing workforce and existing or projected nursing workforce shortages in geographic areas that have been identified as having, or that are projected to have, a nursing shortage; “(2) increasing access to and the quality of health care services, including by supporting the training of professional registered nurses, advanced practice registered nurses, and advanced education nurses within community based settings and in a variety of health delivery system settings; or “(3) addressing the strategic goals and priorities identified by the Secretary and that are in accordance with this title. Contracts may Contracts. Determination. be entered into under this title with public or private entities as determined necessary by the Secretary.” ;

3. 2020

   Coronavirus Aid, Relief, and Economic Security Act

   Pub. L. 116–136 § 3404(a)(4)(B) · 134 Stat. 281

   Substituted · 42 U.S.C. § 296e(b)(2)

   Pub. L. 116–136, § 3404(a)(4)(B), substituted “the reporting of data and information demonstrating that satisfactory progress has been made by the program or project in meeting the performance outcome standards (as described in section 296a of this title) of such program or project.” for “a demonstration that satisfactory progress has been made by the program or project in meeting the objectives of the program or project.”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 116–136, § 3404(a)(4)(B), substituted “the reporting of data and information demonstrating that satisfactory progress has been made by the program or project in meeting the performance outcome standards (as described in section 296a of this title) of such program or project.” for “a demonstration that satisfactory progress has been made by the program or project in meeting the objectives of the program or project.”

   Enacted provision · exact public law section
   (B) in subsection (b)(2), by striking “a demonstration” and all that follows and inserting the following: “the reporting of data and information demonstrating that satisfactory progress has been made by the program or project in meeting the performance outcome standards (as described in section 802) of such program or project.”;

4. 2020

   Coronavirus Aid, Relief, and Economic Security Act

   Pub. L. 116–136 § 3404(a)(4)(C) · 134 Stat. 281

   Inserted · 42 U.S.C. § 296e(e)(2)

   Pub. L. 116–136, § 3404(a)(4)(C), inserted “, and have relevant expertise and experience” before period at end of first sentence

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 116–136, § 3404(a)(4)(C), inserted “, and have relevant expertise and experience” before period at end of first sentence.

   Enacted provision · exact public law section
   (C) in subsection (e)(2), by inserting “, and have relevant expertise and experience” before the period at the end of the first sentence; and

5. 2020

   Coronavirus Aid, Relief, and Economic Security Act

   Pub. L. 116–136 § 3404(a)(4)(D) · 134 Stat. 281

   Added · 42 U.S.C. § 296e(i)

   Pub. L. 116–136, § 3404(a)(4)(D), added subsec. (i)

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 116–136, § 3404(a)(4)(D), added subsec. (i).

   Enacted provision · exact public law section
   (D) by adding at the end the following: “(i) Biennial Report on Nursing Workforce Program Improvements.— Not Assessment. later than September 30, 2020, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report that contains an assessment of the programs and activities of the Department of Health and Human Services related to enhancing the nursing workforce, including the extent to which programs and activities under this title meet the identified goals and performance measures developed for the respective programs and activities, and the extent to which the Department coordinates with other Federal departments regarding programs designed to improve the nursing workforce.” ;

5 of 5 references resolved to an enrolled provision