§ 297d. Allotments and payments of Federal capital contributions

Footnotes

1. 1 See References in Text note below.

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

   Nurse Training Act of 1964

   Pub. L. 88–581 § 2 · 78 Stat. 908

   Enacted · 42 U.S.C. § 297d

   July 1, 1944, ch. 373, title VIII, § 838, formerly § 825, as added Pub. L. 88–581, § 2, Sept. 4, 1964, 78 Stat. 915

   Source evidence

   Code source credit
   July 1, 1944, ch. 373, title VIII, § 838, formerly § 825, as added Pub. L. 88–581, § 2, Sept. 4, 1964, 78 Stat. 915

   Enacted provision · exact public law section
   Sec. 2. The Public Health Service Act (42 U.S.C., ch. 6A) is amended by adding at the end thereof the following new title: “TITLE VIII— NURSE TRAINING “Part A— Grants for Expansion and Improvement of Nurse Training “Sec. 801. “authorization of appropriations for construction grants (a) There are authorized to be appropriated— “(1) for grants to assist in the construction of new facilities for collegiate schools of nursing, or replacement or rehabilitation of existing facilities for such schools, $5,000,000 for the fiscal year ending June 30, 1966, and $10,000,000 for each of the next three fiscal years; “(2) for grants to assist in the construction of new facilities for associate degree or diploma schools of nursing, or replace-ment or rehabilitation of existing facilities for such schools, $10,000,000 for the fiscal year ending June 30, 1966, and $15,000,000 for each of the next three fiscal years. There are also authorized to be appropriated for each of such fiscal years ending after June 30, 1966, for grants specified in clause (1) or (2) of the preceding sentence, the amount by which the total of the sums authorized to be appropriated under such clause for previous years exceeds the aggregate of the appropriations thereunder for such years. “(b) Sums appropriated pursuant to clause (1) or (2) of subsection (a) for a fiscal year shall remain available for grants specified in such clause until the close of the next fiscal year. “Sec. 802. “approval of applications for construction grants (a) No application for a grant for a construction project under this part, may lie approved unless it is submitted to the Surgeon General prior to July 1, 1968. “(b) A grant for a construction project under this part may be made only if the application therefor is approved by the Surgeon General upon his determination that— “(1) the applicant is a public or nonprofit private school of nursing providing an accredited program of nursing education; “(2) the application contains or is supported by reasonable assurances that (A) for not less than twenty years after completion of construction, the facility will be used for the purposes of the training for which it is to be constructed, and will not be used for sectarian instruction or as a place for religious worship, (B) sufficient funds will be available to meet the non-Federal share of the cost of constructing the facility, (C) sufficient funds will be available, when construction is completed, for effective use of the facility for the training for which it is being constructed, and (D) in the case of an application for a grant for construction to expand the training capacity of a school of nursing, the first-year enrollment at such school during the first full school year after the completion of the construction and for each of the nine years thereafter will exceed the highest first-year enrollment at such school for any of the five full school years preceding the year in which the application is made by at least 5 per centum of such highest first-year enrollment, or by five students, whichever is greater; “(3) (A) in the case of an application for a grant for construction of a new facility, such application is for aid in the construction of a new school of nursing, or construction which will expand the training capacity of an existing school of nursing, or (B) in the case of an application for a grant for replacement or rehabilitation of existing facilities, such application is for aid in construction which will replace or rehabilitate facilities of an existing school of nursing which are so obsolete as to require the school to curtail substantially either its enrollment or the quality of the training provided; “(4) the plans and specifications are in accordance with regulations relating to minimum standards of construction and equipment; and “(5) the application contains or is supported by adequate assurance that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on the construction of the facility will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Baron Act, 49 Stat. 1011; Ante, p. 238. as amended (40 U.S.C. 276a–276a5). The Secretary of Labor shall have, with respect to the labor standards specified in this paragraph, the authority and functions set forth in Reorganization 5 USC 133z–15 note. 63 Stat. 108. Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). Before approving or disapproving an application for a construction project under this part, the Surgeon General shall secure the advice of the National Advisory Council on Nurse Training established by section 841 (hereinafter in this part referred to as the ‘council’). “(c) In considering applications for grants, the Council and the Surgeon General shall take into account— “(1) (A) in the case of a project for a new school or for expansion of the facilities of an existing school, the relative effectiveness of the proposed facilities in expanding the capacity for the training of first-year students of nursing in the field involved and in promoting an equitable geographical distribution of opportunities for such training (giving due consideration to population, relative unavailability of nurses of the kind to be trained by such school, and available resources in various areas of the Nation for training such nurses); or “(B) in the case of a project for replacement or rehabilitation of existing facilities of a school, the relative need for such replacement or rehabilitation to prevent curtailment of the school’s enrollment or deterioration of the quality of the training provided by the school, and the relative size of any such curtailment and its effect on the geographical distribution of opportunities for training in the field of nursing involved (giving consideration to the factors mentioned above in paragraph (A)); and “(2) in the case of an applicant in a State which has in existence a State or local area agency involved with planning for nurse training facilities, or which participates in a regional or other interstate agency involved with planning for nurse, training facilities, the relationship of the application to the construction or training program which is being developed by such agency or agencies and, if such agency or agencies have reviewed such application, any comment thereon submitted by them. “Sec. 803. “amount of construction grant; payments (a) The amount, of any grant for a construction project under this part, shall be such amount as the. Surgeon General determines to be appropriate after obtaining the advice of the Council; except that (A) in the case of a grant for a project for a new school, and in the case of a grant for a project for new facilities for an existing school in cases where such facilities are of particular importance in providing a major expansion of training capacity, as determined in accordance with regulations, such amount may not exceed 66⅔ per centum of the necessary cost of construction, as determined by the Surgeon General, of such project; and (B) in the case of any other grant such amount may not exceed 50 per centum of the necessary cost of construction, as so determined, of the project with respect to which the grant is made. “(b) Upon approval of any application for a grant for a construction project under this part, the Surgeon General shall reserve, from any appropriation available therefor, the amount of such grant as determined under subsection (a); the amount, so reserved may be paid in advance or by way of reimbursement, and in such installments consistent with construction progress, as the Surgeon General may determine. The Surgeon General’s reservation of any amount under this section may be amended by him, either upon approval of an amendment, of the application or upon revision of the estimated cost of construction of the facility, “(c) In determining the amount of any such grant under this part, there shall be excluded from the cost of construction an amount equal to the sum of (1) the amount of any other Federal grant which the applicant has obtained, or is assured of obtaining, with respect to the construction which is to be financed in part by grants authorized under this part, and (2) the amount of any non-Federal funds required to be expended as a condition of such other Federal grant. “Sec. 804. “recapture of payments If, within twenty years after completion of any construction for which funds have been paid under this part— “(a) the applicant or other owner of the facility shall cease to be a public or nonprofit private school, or “(b) the facility shall cease to be used for the training purposes for which it was constructed (unless the Surgeon General determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so), or “(c) the facility is used for sectarian instruction or as a place for religious worship, the United States shall be entitled to recover from the applicant or other owner of the facility the amount bearing the same ratio to the then value (as determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated) of the facility, as the amount of the Federal participation bore to the cost of construction of such facility. “Sec. 805. “improvement in nurse training (a) There are authorized to be appropriated for grants to public and nonprofit private diploma, collegiate and associate degree schools of nursing to assist them in meeting the additional costs of projects of limited duration which will strengthen, improve, or expand their programs to teach and train nurses, $2,000,000 for the fiscal year ending June 30, 1965, $3,000,000 for the fiscal year ending June 30, 1966, $4,000,000 for the fiscal year ending June 30, 1967, and each of the next two fiscal years, and such sums for each of the next four fiscal years as may be necessary to complete projects for which a grant was made under this section from funds appropriated for the fiscal year ending June 30, 1969, or any preceding year. “(b) In determining whether to approve applications for grants described in subsection (a), the order in which to approve such applications, and the amount of the grants, the Surgeon General shall give consideration to the extent to which such projects will contribute to general improvement in the teaching and training of nurses of the kind involved, the extent to which they will aid in attaining a wider geographical distribution throughout the United States of high quality schools of the type involved, and the relative need in the area in which the school is situated and surrounding areas for nurses of the type trained in such school. “(c) No grant may be made under subsection (a) of this section for any project for any period after grants have been made with respect to such project for five fiscal years. “Sec. 806. “partial reimbursement to diploma schools for costs attributable to this title (a) In order to prevent further attrition and promote the development of public and nonprofit private diploma schools of nursing, there are hereby authorized to be appropriated $4,000,000 for the fiscal year ending June 30, 1965, $7,000,000 for the fiscal year ending June 30, 1966, and $10,000,000 for the fiscal year ending June 30, 1967, and each of the two succeeding fiscal years, to defray a portion of the cost of training students of nursing whose enrollment in such schools can be reasonably attributed to the provisions of this title. “(b) From the amounts appropriated pursuant to subsection (a), the Surgeon General shall pay to each public or nonprofit private diploma school of nursing for each fiscal year in the five-year period beginning on July 1, 1964, and ending June 30, 1969, an amount equal to the product of $250 and the stun of the number of federally-sponsored students in such school during such year and the number by which the full-time enrollment in such school during such year exceeds the average of the full-time enrollments in such school during the fiscal years ending June 30, 1962, June 30, 1963, and June 30, 1964, except that no such diploma school of nursing shall for any fiscal year receive an amount in excess of the product of $100 and the full-time enrollment in such school during such year. If the amounts appropriated pursuant to subsection (a) for any fiscal year are inadequate to make the grants provided for in the preceding sentence, the amount of the grant to each such diploma school of nursing shall be reduced so that it shall bear the same ratio to such amounts appropriated for such year as the amount such school would be entitled to under the preceding sentence bears to the aggregate amount which all diploma schools of nursing would be entitled to for such year under such sentence. “(c) For the purposes of this section— “(1) the term ‘federally-sponsored student’ means any student “Federally-sponsored student.” enrolled in a public or nonprofit private diploma school of nursing on a full-time basis who has received for that year a loan of $100 or more from a loan fund established pursuant to section 822: and “(2) the full-time enrollment in any school and the number of federally-sponsored students in any school shall be determined as of February 15 of each fiscal year. “Part B— Assistance to Nursing Students “traineeships for advanced training of PROFESSIONAL NURSES “Sec. 821. (a) There are authorized to be appropriated $8,000,000 Appropriation. for the fiscal year ending June 30, 1965, $9,000,000 for the fiscal year ending June 30, 1966, $10,000,000 for the fiscal year ending June 30, 1967, $11,000,000 for the fiscal year ending June 30, 1968, and $12,000,000 for the fiscal year ending June 30, 1969, to cover the cost of traineeships for the training of professional nurses to teach in the various fields of nurse training (including practical nurse training), to serve in administrative or supervisory capacities, or to serve in other professional nursing specialties determined by the Surgeon General to require advanced training. “(b) Traineeships under this section shall be awarded by the Surgeon General through grants to public or nonprofit private institutions providing the training. “(c) Payments to institutions under this section may be made in advance or by way of reimbursement, and at such intervals and on such conditions, as the Surgeon General finds necessary. Such payments may be used only for traineeships and shall be limited to such amounts as the Surgeon General finds necessary to cover the costs of tuition and fees, and a stipend and allowances (including travel and subsistence expenses) for the trainees. “Sec. 822. “loan agreements (a) The Secretary of Health, Education, and Welfare is authorized to enter into an agreement for the establishment and operation of a student loan fund in accordance with this part with any public or nonprofit private school of nursing which is located in a State. “(b) 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 of (A) the Federal capital contributions paid under this part 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, and (D) any other earnings of the fund; “(3) provide that the fund 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 full-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, and that while the agreement remains in effect no such student who has attended such school before July 1, 1969, shall receive a loan from a loan fund established under section 204 of the National 72 Stat. 1584. 20 USC 424. Defense Education Act of 1958; and “(5) contain such other provisions as are necessary to protect the financial interests of the United States. “Sec. 823. “loan provisions (a) 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 part may not exceed $1,000 in the case of any student. In the granting of such loans, a school shall give preference to persons who enter as first-year students after enactment of this title. “(b) 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 of Health, Education, and Welfare 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 or 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 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, and (B) is capable, in the opinion of the school, of maintaining good standing in such course of study; “(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 one year after the student ceases to pursue a full-time course of study at a school of nursing, except that (A) interest shall not accrue on any such loan, and periodic installments need not be paid, during any period during which the borrower is pursuing a full-time course of study at a collegiate school of nursing leading to a baccalaureate degree in nursing or an equivalent degree, or to a graduate degree in nursing, and (B) any such period shall not be included in determining such ten-year period; “(3) not to exceed 50 per centum of any. such loan (plus interest) 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 institution or agency, at the rate of 10 per centum of the amount of such loan plus interest thereon, which was unpaid on the first day of such service, for each complete 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 3 per centum per annum or the going Federal rate at the time the loan is made, whichever is the “Going Federal rate.” greater; and for purposes of this paragraph, the term ‘going Federal rate’ means the rate of interest which the Secretary of the Treasury specifies during June of each year for purposes of loans made during the fiscal year beginning on the next July 1, determined by estimating the average yield to maturity, on the basis of daily closing market quotations or prices during the preceding May on all outstanding marketable obligations of the United States having a maturity date of fifteen or more years from the first day of such month of May, and by rounding off such estimated average annual yield to the next higher multiple of one-eighth of 1 per centum; “(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 part, such note or other evidence of a loan may be transferred to such other school. “(c) Where all or any part of a loan, or interest, is canceled under this section, the Secretary of Health, Education, and Welfare shall pay to the school an amount equal to the school’s proportionate share of the canceled portion, as determined by the Secretary. “(d) Any loan for any year by a school from a student loan fund established pursuant to an agreement under this part, 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) An agreement under this part 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. “Sec. 824. “authorization of appropriations for loans There are authorized to be appropriated to the Secretary of Health, Education, and Welfare for Federal capital contributions to student loan funds pursuant to section 822(b)(2)(A) $3,100,000 for the fiscal year ending June 30, 1965, $8,900,000 for the fiscal year ending June 30, 1966, $16,800,000 for the fiscal year ending June 30, 1967, $25,300,000 for the fiscal year ending June 30, 1968, $30,900,000 for the fiscal year ending June 30, 1969, and such sums for the fiscal year ending June 30, 1970, and each of the two succeeding fiscal years as may be necessary to enable students who have received a loan for any academic year ending before July 1, 1969, to continue or complete their education. Sums appropriated pursuant to this section for any fiscal year shall be available, in accordance with agreements under this part, for Federal capital contributions to schools with which such agreements have been made, to be used, together with deposits in such fund pursuant to section 822(b)(2)(B), for establishment and maintenance of student loan funds. “Sec. 825. “allotments and payments of federal capital contributions (a) Sums appropriated pursuant to section 824 for any fiscal year shall be allotted by the Secretary of Health, Education, and Welfare among the States as follows: (1) He. shall allot to each State an amount which bears the same ratio to 50 per centum of such sums as the number of students who graduated from secondary schools in such State during the preceding fiscal year bears to the total number of students who graduated from secondary schools in all of the States during such year; and (2) he shall also allot to each State an amount which bears the same ratio to 50 per centum of such sums as the number of students who will be enrolled full time in public or nonprofit private schools of nursing in such State bears to the total number of students who will be enrolled full time in all such schools of nursing in all of the States. The sum of such two amounts for each State shall be its allotment. For purposes of allotments under this section, a school of nursing also includes any school with which the Secretary has, prior to the time the allotment is made, entered into an agreement for establishment of a student loan fund under this part. “(b) (1) The Secretary shall from time to time set dates by which 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 822(b)(2)(A). “(2) If the total of the amounts requested for any fiscal year in such applications which are made by schools in a State exceeds the amount of the allotment of such State for that fiscal year, the amounts to be paid to the loan fund of each such school shall be reduced to whichever of the following is the smaller: (A) the amount requested in its application or (B) an amount which bears the same ratio to the amount of the allotment of such State as the number of students who will be enrolled full time in such school during such fiscal year bears to the total number of students who will be enrolled full time in all such schools in such State during such year. Amounts remaining after allotment under the preceding sentence shall be redistributed in accordance with clause (B) of such sentence among schools which in their applications requested more than the amounts so paid to their loan funds, but with such adjustments as may be necessary to prevent, the total paid to any such school’s loan fund from exceeding the total so requested by it. If the total of the amounts requested for any fiscal year in such applications which are made by schools in a State is less than the amount of the allotment of such State for that fiscal year, the Secretary may reallot the remaining amount from time to time, on such date or dates as he may fix, to other States in proportion to the original allotments to such States under subsection (a) for such year. For the purpose of this section, the number of students who graduated from secondary schools in each State during a fiscal year and the number of students who will be enrolled full time in schools of nursing in each State shall be estimated by the Secretary of Health, Education, and Welfare on the basis of the best information available to him; and in making such estimates, the number of students enrolled full time in any collegiate school of nursing shall be deemed to be twice their actual number. “(c) The Federal capital contributions to a loan fund of a school under this part 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. “Sec. 826. “distribution of assets from wan funds (a) After June 30, 1972, and not later than September 30, 1972, there shall be a capital distribution of the balance of the loan fund established under this part by each school as follows: “(1) The Secretary of Health, Education, and Welfare shall first be paid an amount which bears the same ratio to the balance in such fund at the close of June 30, 1972, as the total amount of the Federal capital contributions to such fund by the Secretary pursuant to section 822(b)(2)(A) bears to the total amount in such fund derived from such Federal capital contributions and from funds deposited therein pursuant to section 822(b)(2)(B). “(2) The remainder of such balance shall be paid to the school. “(b) After September 30, 1972, each school with which the Secretary has made an agreement under this part shall pay to the Secretary, not less often than quarterly, the same proportionate share of amounts received by the school after June 30, 1972, 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). “Sec. 827. “loans to schools (a) Upon application by any school with which he has made an agreement under this part, the Secretary may make a loan to such school for the purpose of helping to finance deposits required by section 822(b)(2)(B) ma loan fund established pursuant to such agreement. Such loan may be made only if the school shows it is unable to secure such funds upon reasonable terms and conditions from non-Federal sources. Loans made under this section shall bear interest at a rate sufficient to cover (1) the cost of the funds to the Treasury, (2) the cost of administering this section, and (3) probable losses. “(b) There are authorized to be appropriated such sums as may be necessary to carry out this section. “(c) Loans by the Secretary under this section shall mature within Loan maturity. such period as the Secretary determines to be appropriate in each case, but not exceeding fifteen years. “Sec. 828. “administrative provisions The Secretary may agree to modifications of agreement s or loans made under this part, and may compromise, waive, or release any right, title, claim, or demand of the United States arising or acquired under this part. “Part C— General “Sec. 841. “national advisory council on nurse training; review committee (a) (1) There is hereby established a National Advisory Establishment. Council on Nurse Training, consisting of the Surgeon General, who shall be Chairman, and the Commissioner of Education, both of whom shall be ex officio members, and sixteen members appointed by the Secretary without regard to the civil service laws. Four of the appointed members shall be selected from the general public 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. “(2) The Council shall advise the Surgeon General in the preparation of general regulations and with respect to policy matters arising in the administration of this title, and in the review of applications for construction projects under part A and of applications under section 805. “(b) The Secretary of Health, Education, and Welfare shall, prior Program review. Appointment of committee. to July 1, 1967, and without regard to the civil service laws, appoint a committee, consisting of members of the public, of various groups particularly interested in or expert in matters relating to education of various types of nurses, for the purpose of reviewing the programs authorized by this title and making recommendations with respect to continuation, extension, and modification of any of such programs. Report to Secretary. A report of the findings and recommendations of such committee shall be submitted to the Secretary not later than November 1, 1967, Report to Congress. after which date such committee shall cease to exist. The Secretary shall submit such report, together with his comments and recommendations thereon, to the Congress on or before January 1, 1968. “(c) Appointed members of the Council or the review committee who are not regular full-time employees of the United States shall, while attending conferences or meetings thereof, be entitled to receive compensation at a rate to be fixed by the Secretary but not exceeding $75 per diem, including travel time, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 60 Stat. 808; 75 Stat. 339, 340. of the Administrative Expenses Act of 1946 (5 U.S.C. 73b–2) for persons in the Government service employed intermittently. “Sec. 842. “noninterference with administration of institutions Nothing contained in this title 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. “Sec. 843. “definitions For purposes of this title— “(a) The term ‘State’ means a State, the Commonwealth of Puerto Rico, the District of Columbia, the Canal Zone, Guam, American Samoa, or the Virgin Islands. “(b) The term ‘school of nursing’ means a collegiate, associate degree, or diploma school of nursing. “(c) The term ‘collegiate school of nursing’ means a department, division, or other administrative unit in a college or university which provides primarily or exclusively an accredited 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. “(d) 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 an accredited two-year program of education in professional nursing and allied subjects leading to an associate degree in nursing or to an equivalent degree. “(e) The term ‘diploma school of nursing’ means a school affiliated with a hospital or university, or an independent school, which provides primarily or exclusively an accredited program of education in professional nursing and allied subjects leading to a diploma or to equivalent indicia that such program has been satisfactorily completed. “(f) The term ‘accredited’ when applied to any program of nurse education means a program accredited by a recognized body or bodies approved for such purpose by the Commissioner of Education, except that a program which is not, at the time of the application under this title by the school which provides or will provide such program, eligible for accreditation by such a recognized body or bodies, shall be deemed accredited for purposes of this title in the following cases if the Commissioner 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 (1) in the case of an applicant under part A for a grant for a project for construction of a new school, prior to or upon completion of the facility with respect to which the application is filed; (2) in the case of a school applying for a grant under section 805 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; and (3) in the case of a school seeking an agreement under part B for establishment of a student loan fund, 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 part B; except that the provisions of this clause (3) shall not apply for purposes of section 825. “(g) 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. “(h) 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. “(i) The terms ‘construction’ and ‘cost of construction’ include (1) 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 (2) equipping new buildings and existing buildings, whether or not acquired, expanded, remodeled, or altered.”

2. 1966

   Allied Health Professions Personnel Training Act of 1966

   Pub. L. 89–751 § 6(c)(1) · 80 Stat. 1221

   Changed · 42 U.S.C. § 297d(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) Section 825(a) of the Public Health Service Act (relating to 42 USC 297d. allotments of appropriations among States) is amended by inserting “for payment as Federal capital contributions or as loans to schools under section 827)” after “shall be allotted” in the first sentence, and by adding at the end of subsection (a) the following new sentence “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 827) which are in excess of the amount appropriated pursuant to section 824 for that year shall be allotted among States and among schools within States in such manner as the Secretary determines will best carry out the purposes of this part.”

3. 1966

   Allied Health Professions Personnel Training Act of 1966

   Pub. L. 89–751 § 6(c)(2) · 80 Stat. 1221

   Substituted · 42 U.S.C. § 297d(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (2) Section 825(b)(1) of such Act (relating to the allocation of Federal capital contributions to schools) is amended to read as follows: “(b) (1) The Secretary shall from time to time set dates by which schools of nursing in a State must file applications for Federal capital contributions, and for loans pursuant to section 827, from the allotment of such State under the first two sentences of subsection (a) of this section.”

4. 1968

   Health Manpower Act of 1968

   Pub. L. 90–490 title II § 222(e) · 82 Stat. 773

   Substituted · 42 U.S.C. § 297d(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (e) The first two sentences of section 825 of such Act (42 U.S.C. 297d) are amended to read as follows: “From the sums appropriated 78 Stat. 915. pursuant to section 824 for any fiscal year, the Secretary shall allot to each school an amount which bears the same ratio to the amount so appropriated as the number of persons enrolled on a full-time basis in such school bears to the total number of persons enrolled on a full-time basis in all schools of nursing in all the States. The number of persons enrolled on a full-time basis in schools of nursing for purposes of this section shall be determined by the Secretary for the most recent year for which satisfactory data are available to him.”

5. 1975

   Nurse Training Act of 1975

   Pub. L. 94–63 § 941(h)(1) · 89 Stat. 304

   1. Substituted · 42 U.S.C. § 297d(a)

      Pub. L. 94–63, § 941(h)(1), (4)(A)(i), (i)(4), substituted “subpart” for “part” wherever appearing

   2. Struck · 42 U.S.C. § 297d(a)

      Pub. L. 94–63, § 941(h)(1), (4)(A)(i), (i)(4), struck out “(whether as Federal capital contributions or as loans to schools under section 297f of this title)” before “which are in excess”

   3. Substituted · 42 U.S.C. § 297d(a)

      Pub. L. 94–63, § 941(h)(1), (4)(A)(i), (i)(4), 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) Sections 822(a), 823, 825, 826, and 828 are each amended by striking out “this part” each place it occurs and inserting in lieu thereof “this subpart”.

6. 1975

   Nurse Training Act of 1975

   Pub. L. 94–63 § 941(h)(4)(A)(ii) · 89 Stat. 304

   Struck · 42 U.S.C. § 297d(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (ii) by striking out “, and for loans pursuant to section 827.” in subsection (b)(1).

7. 1975

   Nurse Training Act of 1975

   Pub. L. 94–63 § 941(h)(2) · 89 Stat. 304

   Struck · 42 U.S.C. § 297d(b)(2)

   Pub. L. 94–63, § 941(h)(2), struck out “of Health, Education, and Welfare” after “Secretary”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 94–63, § 941(h)(2), struck out “of Health, Education, and Welfare” after “Secretary”.

   Enacted provision · exact public law section
   (2) Sections 822(a), 823(b), 823(c), 825(b) (2), and 826(a)(1) are each amended by striking out “of Health, Education, and Welfare”.

8. 1975

   Nurse Training Act of 1975

   Pub. L. 94–63 § 941(h)(1) · 89 Stat. 304

   Substituted · 42 U.S.C. § 297d(c)

   Pub. L. 94–63, § 941(h)(1), substituted “subpart” for “part”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–63, § 941(h)(1), substituted “subpart” for “part”.

   Enacted provision · exact public law section
   (1) Sections 822(a), 823, 825, 826, and 828 are each amended by striking out “this part” each place it occurs and inserting in lieu thereof “this subpart”.

9. 1985

   Nurse Education Amendments of 1985

   Pub. L. 99–92 § 8(e) · 99 Stat. 393

   1. Amended · 42 U.S.C. § 297d(a)

      Pub. L. 99–92 amended subsec. (a) generally

   2. Substituted · 42 U.S.C. § 297d(a)

      Pub. L. 99–92 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (e) Section 838 is amended by striking out subsections (a) and (b) and inserting in lieu thereof the following: “(a) (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 42 USC 297c. section 837 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 subpara-graph 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 839(c) or pursuant to a loan Infra. 42 USC 297a. agreement under section 835, are returned to the Secretary in any fiscal year, shall be available for allotment in such fiscal year and in the fiscal year succeeding the fiscal year. 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, 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. “(b) 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.”.

10. 1985

    Nurse Education Amendments of 1985

    Pub. L. 99–92 § 8(e) · 99 Stat. 393

    1. Amended · 42 U.S.C. § 297d(b)

       Pub. L. 99–92 amended subsec. (b) generally

    2. Substituted · 42 U.S.C. § 297d(b)

       Pub. L. 99–92 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (e) Section 838 is amended by striking out subsections (a) and (b) and inserting in lieu thereof the following: “(a) (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 42 USC 297c. section 837 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 subpara-graph 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 839(c) or pursuant to a loan Infra. 42 USC 297a. agreement under section 835, are returned to the Secretary in any fiscal year, shall be available for allotment in such fiscal year and in the fiscal year succeeding the fiscal year. 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, 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. “(b) 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.”.

11. 1988

    Nursing Shortage Reduction and Education Extension Act of 1988

    Pub. L. 100–607 title VII § 713(h)(1) · 102 Stat. 3048

    1. Amended · 42 U.S.C. § 297d(a)(3)

       Pub. L. 100–607 designated existing provisions as subpar. (A)

    2. Added · 42 U.S.C. § 297d(a)(3)

       Pub. L. 100–607 added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 100–607 designated existing provisions as subpar. (A) and added subpar. (B).

    Enacted provision · exact public law section
    (1) Section 838(a)(3) (42 U.S.C. 297d(a)(3)) is amended— (A) by inserting “(A)” after the paragraph designation; and (B) by adding at the end the following new subparagraph: “(B) With respect to funds available pursuant to subparagraph (A), any such funds returned to the Secretary and not allotted by the8 Secretary, during the period of availability specified in such subparagraph, shall be available to carry out section 843 and, for such purpose, shall remain available until expended”.

    Effective date note
    Pub. L. 100–607, title VII, § 713(h)(2), Nov. 4, 1988, 102 Stat. 3161, 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 [42 U.S.C. 297j], as added by section 715 of this title, had been effective on such date.”

12. 1992

    Health Professions Education Extension Amendments of 1992

    Pub. L. 102–408 title II § 208(a) · 106 Stat. 1992

    1. Struck · 42 U.S.C. § 297d(a)(3)

       Pub. L. 102–408 struck out “(A)” after “(3)”

    2. Substituted · 42 U.S.C. § 297d(a)(3)

       Pub. L. 102–408 substituted “available for allotment until expended.” for “available for allotment in such fiscal year and in the fiscal year succeeding the fiscal year.”

    3. Substituted · 42 U.S.C. § 297d(a)(3)

       Pub. L. 102–408 substituted “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.”

    4. Struck · 42 U.S.C. § 297d(a)(3)

       Pub. L. 102–408 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (a) Allotments and Payments of Federal Capital Contributions.— Section 838(a)(3) of the Public Health Service Act (42 U.S.C. 297d(a)(3)) is amended— (1) by striking subparagraph (B); and (2) in subparagraph (A)— (A) in the first sentence, by striking “available for allotment” and all that follows and inserting the following: “available for allotment until expended.”; (B) in the second sentence, by striking “this subpart, except” and all that follows and inserting “this subpart.”; and (C) by striking the subparagraph designation.

13. 2010

    Patient Protection and Affordable Care Act

    Pub. L. 111–148 title V § 5310(b)(2) · 124 Stat. 119

    Substituted · 42 U.S.C. § 297d(a)(3); 42 U.S.C. § 297d(a)(c)

    Pub. L. 111–148 substituted “this part” for “this subpart”

    Source evidence

    Code amendment note
    Subsecs. (a)(3), (c). Pub. L. 111–148 substituted “this part” for “this subpart”.

    Enacted provision · exact public law section
    (2) in sections 835, 836, 838, 840, and 842, 42 USC 297a, 297b, 297d, 297g, 297i. by striking the term “this subpart” each place it appears and inserting “this part”;

21 of 21 references resolved to an enrolled provision