§ 297e. Distribution of assets from loan funds

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. § 297e

   July 1, 1944, ch. 373, title VIII, § 839, formerly § 826, as added Pub. L. 88–581, § 2, Sept. 4, 1964, 78 Stat. 916

   Source evidence

   Code source credit
   July 1, 1944, ch. 373, title VIII, § 839, formerly § 826, as added Pub. L. 88–581, § 2, Sept. 4, 1964, 78 Stat. 916

   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(d)(1) · 80 Stat. 1221

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

      Pub. L. 89–751, § 6(d)(1), (2), substituted “an agreement pursuant to section 297a(b) of this title” for “this part”

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

      Pub. L. 89–751, § 6(d)(1), (2), substituted “such balance” for “the balance”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 89–751, § 6(d)(1), (2), substituted “an agreement pursuant to section 297a(b) of this title” for “this part” in opening provisions, and in par. (1) substituted “such balance” for “the balance”.

   Enacted provision · exact public law section
   (1) So much of section 826(a) of such Act as precedes paragraph 42 USC 297e. (1) is amended by striking out “this part” and inserting in lieu thereof “an agreement pursuant to section 822(b)”.

3. 1966

   Allied Health Professions Personnel Training Act of 1966

   Pub. L. 89–751 § 6(d)(3) · 80 Stat. 1221

   Inserted · 42 U.S.C. § 297e(b)

   Pub. L. 89–751, § 6(d)(3), inserted “(other than so much of such fund as relates to payments from the revolving fund established by section 297f(d) of this title)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–751, § 6(d)(3), inserted “(other than so much of such fund as relates to payments from the revolving fund established by section 297f(d) of this title)”.

   Enacted provision · exact public law section
   (3) Subsection (b) of such section 826 is amended by inserting “(other than so much of such fund as relates to payments from the Ante, p. 1234. revolving fund established by section 827(d))” after “loan fund established pursuant to such agreement”.

4. 1968

   Health Manpower Act of 1968

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

   Substituted · 42 U.S.C. § 297e

   Pub. L. 90–490 substituted “1974” for “1972” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 90–490 substituted “1974” for “1972” wherever appearing.

   Enacted provision · exact public law section
   (f) Section 826 of such Act (42 U.S.C. 297e) is amended by striking out “1972” each place it appears therein and inserting in lieu thereof “1974”.

5. 1971

   Pub. L. 92–52 § 3(b) · 85 Stat. 144

   Substituted · 42 U.S.C. § 297e

   Pub. L. 92–52 substituted “1975” for “1974” wherever appearing

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 92–52 substituted “1975” for “1974” wherever appearing.

   Enacted provision · exact public law section
   (b) Section 826 of such Act (42 U.S.C. 297e) is amended by striking 82 Stat. 785; Post, p. 478. out “1974” each place it occurs and inserting in lieu thereof “1975”.

6. 1971

   Nurse Training Act of 1971

   Pub. L. 92–158 § 6(d)(1) · 85 Stat. 465

   Substituted · 42 U.S.C. § 297e

   Pub. L. 92–158 substituted “1977” for “1975” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 92–158 substituted “1977” for “1975” wherever appearing.

   Enacted provision · exact public law section
   (1) Section 826 (42 U.S.C. 297e) is amended by striking out “1975” each place it occurs and inserting in lieu thereof “1977”.

7. 1975

   Nurse Training Act of 1975

   Pub. L. 94–63 title IX · 89 Stat. 304

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

      Pub. L. 94–63, §§ 936(d), 941(h)(2), (i)(5), substituted “September 30, 1980” for “June 30, 1977” wherever appearing

   2. Struck · 42 U.S.C. § 297e(a)

      Pub. L. 94–63, §§ 936(d), 941(h)(2), (i)(5), struck out “of Health, Education, and Welfare” after “Secretary”

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

      Pub. L. 94–63, §§ 936(d), 941(h)(2), (i)(5), substituted references to section 835 of the Act for references to section 822, which had previously been translated as section 297a of this title, requiring no further translations in text as a result of renumbering of the Public Health Service Act

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–63, §§ 936(d), 941(h)(2), (i)(5), substituted “September 30, 1980” for “June 30, 1977” wherever appearing, struck out “of Health, Education, and Welfare” after “Secretary”, and substituted references to section 835 of the Act for references to section 822, which had previously been translated as section 297a of this title, requiring no further translations in text as a result of renumbering of the Public Health Service Act.

   Enacted provision · exact public law
   TITLE IX— NURSE TRAINING Sec. 901. short title; reference to act (a) This title may be cited as the “Nurse Training Act of 1975”. (b) Whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other 42 USC 201 note. provision of the Public Health Service Act. Part A— One-Year Extension Sec. 902. extension of existing authorities through fiscal year 1975 (a) Section 801 (relating to construction grants) is amended by striking out “for the fiscal year ending June 30, 1974” and inserting in lieu thereof “each for the fiscal years ending June 30, 1974, and June 30, 1975”. (b) Section 806(i) (relating to capitation grants) is amended by striking out “for the fiscal year ending June 30, 1974” and inserting in lieu thereof “each for the fiscal years ending June 30, 1974, and June 30, 1975”. (c) Section 808 (relating to special project grants and contracts and financial distress grants) is amended by striking out “for the fiscal year ending June 30, 1974” each place it occurs and inserting in lieu thereof “each for the fiscal years ending June 30, 1974, and June 30, 1975”. (d) Section 809 (relating to loan guarantees and interest subsidies) 42 USC 296d. is amended— (1) by striking out “1974” in subsections (a) and (b) and inserting in lieu thereof “1975”, and (2) by striking out “in the fiscal year ending June 30, 1974” in subsection (e) and inserting in lieu thereof “in the fiscal year ending June 30, 1974, or in the next fiscal year”. (e) Section 810(d) (relating to start-up grants) is amended by 42 USC 296i. striking out “for the fiscal year ending June 30, 1974” and inserting in lieu thereof “each for the fiscal years ending June 30, 1974, and June 30, 1975”. (f) Section 850 (relating to scholarships) is amended— 42 USC 298c. (1) by striking out “next two fiscal year” in subsection (b) and inserting in lieu thereof “next three fiscal years”, (2) by striking out “1975” in that subsection and inserting in lieu thereof “1976”, (3) by striking out “1974” in that subsection and inserting in lieu thereof “1975”, (4) by striking out “the next two fiscal years” in subsection (c) (1) (A) and inserting in lieu thereof “the next three fiscal years”, (5) by striking out “1974” in subsection (c) (1) (B) and inserting in lieu thereof “1975”, and (6) by striking out “1975” in that subsection and inserting in lieu thereof “1976”. (g) Section 868(b) (relating to recruitment programs) is amended 42 USC 298c–7. by striking out “for the fiscal year ending June 30, 1974” and inserting in lieu thereof “each for the fiscal years ending June 30, 1974, and June 30, 1975”. Part B— Revision and Extension of Programs Through Fiscal Year 1978 Subpart 1— Effective Date Sec. 905. effective date Except as may otherwise be specifically provided, the 42 USC 296 note. amendments made by this part shall take effect July 1, 1975. The amendments made by this part, to provisions of title VIII of the Public Health Service Act (hereinafter in this part referred to as the “Act”) are made to such provisions as amended by part A of this title. Subpart 2— Construction Assistance Sec. 910. extension of grants and loan guarantees and interest subsidies (a) (1) Section 801 is amended by striking out “and” 42 USC 296. after “1973,”; and by inserting before the period a comma and the following: “$20,000,000 for fiscal year 1976, $20,000,000 for fiscal year 1977, and $20,000,000 for fiscal year 1978”. (2) Effective with respect to grants for construction projects under part A of title VIII of the Act made from appropriations under section 801 of the Act, section 802(c) (1) (A) is amended (A) by inserting 42 USC 296a. “(i)” after “proposed facilities”, and (B) by inserting before the semi-colon “, or (ii) in expanding the rapacity of the school to provide graduate training”, (b) (1) (A) Subsections (a) and (b) of section 809 are each amended by striking out “June 30, 1975” and inserting in lieu thereof “September 30, 1978”. (B) (i) The last sentence, of subsection (a) of section 809 is amended (I) by striking out “(1)” and (II) by striking out all after “the project” and inserting in lieu thereof a period. (ii) The amendment made by clause (i) shall apply with respect to loans guaranteed under subpart I of part A of title VIII of the Act after the date of the enactment of this Act. (2) The second sentence, of subsection (e) of such section is amended (A) by striking out “and” after “1973,”, and (B) by inserting after “the next fiscal year” a comma and the following: “$1,000,000 in fiscal year 1976, 81,000,000 in fiscal year 1977, and $1,000,000 in fiscal year 1978”. (c) (1) Subsection (a) of section 809 is amended by inserting “or the Federal Financing Bank” and “non-Federal lenders”. (2) Subsection (b) of section 809 is amended by inserting “or the Federal Financing Bank” after “non-Federal lender”. Sec. 911. technical amendments (a) (1) Title VIII is amended by 42 USC 296. inserting after the heading for part A the following: “Subpart I— Construction Assistance”. (2) The heading for part A is amended by striking out “Grants” and inserting in lieu thereof “Assistance”. (b) Section 809 is inserted after section 804 and is redesignated as section 805. Subpart 3— Capitation Grants Sec. 915. extension and revision of capitation grants (a) Section 806(a) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: “(1) Each collegiate school of nursing shall receive $400 for each undergraduate full-time student enrolled in each of the last two years of such school in such year. “(2) Each associate degree school of nursing shall receive (A) the product of $275 and one-half of the number of full-time students enrolled in the first, year of such school in such year, and (B) $275 for each full-time student enrolled in the last year of such school in such year. “(3) Each diploma school of nursing shall receive $250 for each full-time student enrolled in such school in such year.”. (b) Subsections (c), (d), (e), and (f) of section 806 are repealed and the following new subsection is inserted after subsection (b): “(c) (1) Requirements for Grants.— The Secretary shall not make a grant under subsection (a) to any school of nursing in a fiscal year beginning after June 30, 1975, unless the application for such grant contains or is supported by reasonable assurances satisfactory to the Secretary that— “(A) the first-year enrollment of full-time students in the school in the school year beginning after the fiscal year in which the grant applied for is to be made will not be less than the first-year enrollment of such students in the school in the preceding school year; and “(B) that the school will expend in carrying out its function as a school of nursing, during the fiscal year for which such grant is sought, an amount of fluids (other than funds for construction as determined by the Secretary) from non-Federal sources which is at least as great as the average amount of funds expended by such applicant for such purposes (excluding expenditures of a nonrecurring nature) in the three fiscal years immediately preceding the fiscal year for which such grant is sought. The requirement of subparagraph (A) shall lie in addition to the requirements of section 802 (b)(2)(D), where applicable. 42 USC 296a. “(2) The Secretary shall not make a grant under subsection (a) to any school of nursing in a fiscal year beginning after June 30, 1975, unless one of the following requirements is met: “(A) The application for such grant shall contain or be sup-ported by reasonable assurances satisfactory to the Secretary that for the school year beginning after the close of the fiscal year in which such grant is to be made and for each school year thereafter beginning in a fiscal year in which such a grant is made the first year enrollment of full-time students in such school will exceed the number of such students enrolled in the school year beginning during the fiscal year ending June 30, 1975— “(i) by 10 per centum of such number if such number was not more than one hundred, or “(ii) by 5 per centum of such number, or ten students, whichever is greater, if such number was more than one hundred. “(B) The school has provided reasonable assurance satisfactory to the Secretary that it will carry out, in accordance with a plan submitted by the school to the Secretary and approved by him, at least two of the following programs in the school year beginning after the close of the fiscal year in which such grant is to be made and in each school year thereafter beginning in a fiscal year in which such a grant is made: “(i) In the case of collegiate schools of nursing, a program for the training of nurse practitioners (as defined in section 822). Post, p. 361 “(ii) A program under which students enrolled in a school of nursing will receive a significant portion of their clinical training in community health centers, long-term care facilities, and ambulatory care facilities geographically remote from the main site of the teaching facilities of the school. “(iii) A program for the continuing education of nurses which meets needs identified by appropriate State, regional, or local health or educational entities (including health systems agencies). “(iv) A program to identify, recruit, enroll, retain, and graduate individuals from disadvantaged backgrounds (as determined in accordance with criteria prescribed by the Secretary) under which program at least 10 per centum of each year’s entering class (or ten students, whichever is greater) is comprised of such individuals.”. (c) (1) Section 806(i) (1) is amended by striking out “and” after “1073,” and by inserting before “for grants” the following: “$50,000,000 for fiscal year 1976, $55,000,000 for fiscal year 1977, and $55,000,000 for fiscal year 1978”. (d) For fiscal year 1976, and for each of the next two fiscal years, there are authorized to be appropriated such sums as may be necessary to continue to make annual grants to schools of nursing under section 806(a) of the Act (as in effect on June 30, 1975) based on the number of enrollment bonus students (determined in accordance with subsections (c) and (d) of section 806 of the Act (as so in effect)) enrolled in such schools who were first-year students in such schools for school years beginning before June 30, 1975. Sec. 916. technical amendments (a) Subsections (g), (h), and (i) of section 806 are redesignated as subsections (d), (c), and (f), respectively. (b) Subsection (b) of such section is amended by striking out “subsection (i)” and inserting in lieu thereof “subsection (f)”. (c) Title VIII is amended by inserting after section 805 (as so redesignated by section 102(b) of this Act) the following: “Subpart II— Capitation Grants”. Sec. 917. effective date The amendments made by this subpart, shall take effect with respect to grants made under section 806 (redesignated as section 810 by part C of this title) of the Act from appropriations under such section for fiscal years beginning after June 30, 1975. Subpart 4— Financial Distress Grants Sec. 921. extension of financial distress grant program Title VIII is amended by inserting after section 807 the following: “Subpart III— Financial Distress Grants “Sec. 815. “financial distress grants (a) The Secretary may make grants to assist public or non-profit private schools of nursing which are in serious financial straits to meet operational costs required to maintain quality educational pro-grams or which have special need for financial assistance to meet accreditation requirements. Any such grant may be made upon such terms and conditions as the Secretary determines to lie reasonable and necessary, including requirements that the school agree (1) to disclose any financial information or data deemed by the Secretary to be necessary to determine the sources or causes of that school’s financial distress, (2) to conduct a comprehensive cost analysis study in cooperation with the Secretary, and (3) to carry out appropriate operational and financial reforms on the basis of information obtained in the course of the comprehensive cost analysis study or on the basis of other relevant information. “(b) (1) No grant may be made under subsection (a) unless Application. an application therefor is 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 Training. “(2) An application for a grant under subsection (a) must contain or be supported by assurances satisfactory to the Secretary that the applicant will expend in carrying out its functions as a school of nursing, during the fiscal year for which such grant is sought, an amount of funds (other than funds for construction as determined by the Secretary) from non-Federal sources which is at least as great as the aver-age amount of funds expended by such applicant for such purpose (excluding expenditures of a nonrecurring nature) in the three fiscal years immediately preceding the fiscal year for which such grant is sought. The Secretary may, after consultation with the National Advisory Council on Nurse Training, waive, the requirement of the preceding sentence with respect to any school if he determines that the application of such requirement to such school would be inconsistent with the purposes of subsection (a). “(c) For payments under grants under this section there are authorized Appropriation authorization. to be appropriated $5,000,000 for fiscal year 1976, $5,000,000 for fiscal year 1977, and $5,000,000 for fiscal year 1978.”. Sec. 922. technical amendment Sections 805 and 808 (as in effect on dune 30, 1975) are Repeals. 42 USC 296d, 296g. repealed. Subpart 5— Special Project Assistance Sec. 931. special project grants and contracts (a) Title VIII is amended by inserting after subpart HI of part A (as added by section 921 of this title) the following: Ante, p. 358. “Subpart IV— Special Projects Sec. 820. “special project grants and contracts (a) The Secretary may make grants to public and non-profit 42 USC 296k. 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— “(1) assist in— “(A) mergers between hospital training programs or between hospital training programs and academic institutions, or “(B) other cooperative arrangements among hospitals and academic institutions, leading to the establishment of nurse training programs; “(2) (A) plan, develop, or establish new nurse training pro-grams or programs of research in nursing education, or “(B) significantly improve curricula of schools of nursing (including curriculums of pediatric nursing and geriatric nursing) or modify existing programs of nursing education; “(3) increase nursing education opportunities for individuals from disadvantaged backgrounds, as determined in accordance with criteria prescribed by the Secretary, by— “(A) identifying, recruiting, and selecting such individuals, “(B) facilitating the entry of such individuals into schools of nursing, “(C) providing counseling or other services designed to assist such individuals to complete successfully their nursing education. “(D) 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, “(E) paying such stipends (including allowances for travel and dependents) as the Secretary may determine for such individuals for any period of nursing education, and “(F) publicizing, especially to licensed vocational or practical nurses, existing sources of financial aid available to persons enrolled in schools of nursing or who are under-taking training necessary to qualify them to enroll in such schools; “(4) provide continuing education for nurses; “(5) provide appropriate retraining opportunities for nurses who (after periods of professional inactivity) desire again actively to engage in the nursing profession; “(6) 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; “(7) provide training and education to upgrade the skills of licensed vocational or practical nurses, nursing assistants, and other paraprofessional nursing personnel; or “(8) assist in meeting the costs of developing short-term (not to exceed 6 months) in-service training programs for nurses aides and orderlies tor nursing homes, which programs emphasize the special problems of geriatric patients and include training for monitoring the well-being and feeding and cleaning of the patients in nursing homes, emergency procedures, drug properties and interactions, and fire safety techniques. Contracts may be entered into under this subsection without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5). “(b) The Secretary may, with the advice of the National Advisory Council on Nurse Training, provide assistance to the heads of other departments and agencies of the Government to encourage and assist in the utilization of medical facilities under their jurisdiction for nurse training programs. “(c) 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 Training, 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. “(d) For payments under grants and contracts under this section Appropriation authorization there are authorized to be appropriated $15,000,000 for fiscal year 1976, $15,000,000 for fiscal year 1977, and $15,000,000 for fiscal year 1978. Not less than 10 per centum of the funds appropriated under this subsection for any fiscal year shall be used for payments under grants and contracts to meet the costs of the special projects described in subsection (a)(3). Sec. 821. “advanced nurse training programs (a) (1) The Secretary may make grants to and enter into Grants and contracts. 42 USC 296l. contracts with public and nonprofit private collegiate schools of nursing to meet the costs of projects to— “(A) plan, develop, and operate. “(B) significantly expand, or “(C) maintain existing, programs for the advanced training of professional nurses to teach in the various fields of nurse training, to serve in administrative or supervisory capacities, or to serve in other professional nursing special-ties (including service as nurse clinicians) determined by the Secretary to require advanced training. “(b) For payments under grants and contracts under this section Appropriation authorization. there are authorized to be appropriated $15,000,000 for fiscal year 1975, $20,000,000 for fiscal year 1977, and $25,000,000 for fiscal year 1978. Sec. 822. “nurse practitioner programs (a) (1) The Secretary may make grants to and enter Grants and contracts. 42 USC 296m. into contracts with public or nonprofit private schools of nursing, medicine, and public health, public or nonprofit private hospitals, and other public or nonprofit private entities to meet the cost of projects to— “(A) plan, develop, and operate, “(B) significantly expand, or “(C) maintain existing, programs for the training of nurse practitioners. Tire Secretary shall give special consideration to applications for grants or contracts for programs for the training of nurse practitioners which emphasize training respecting the special problems of geriatric patients and training to meet the particular needs of nursing home patients. “(2) (A) For purposes of this section, the term ’programs for the “Programs for the training of nurse practitioners.” training of nurse practitioners’ means educational programs for registered nurses (irrespective of the type of school of nursing in which the nurses received their training) which meet guidelines prescribed by the Secretary in accordance with subparagraph (B) and which have as their objective the education of nurses (including pediatric and geriatric 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. “(B) After consultation with appropriate educational organizations Guidelines. and professional nursing and medical organizations, the Secretary shall prescribe guidelines for programs for the training of nurse practitioners. Such guidelines shall, as a minimum, require that such a program— “(i) extend for at least one academic year and consist of— “(I) supervised clinical practice, and “(II) at least four months (in the aggregate) of classroom instruction, directed toward preparing nurses to deliver primary health care; and “(ii) have an enrollment of not less than eight students. “(b) No grant may be made or contract entered into for a project to plan, develop, and operate a program for the training of nurse practitioners unless the application for the grant or contract contains assurances satisfactory to the Secretary that the program will upon its development meet the guidelines which are in effect under subsection (a) (2) (B); and no grant may be made or contract entered into for a project to expand or maintain such a program unless the application for the grant or contract contains assurances satisfactory to the Secretary that the program meets the guidelines which are in effect under such subsection. “(c) The costs for which a grant or contract under this section may lie made may include costs of preparation of faculty members in order to conform to the guidelines established under subsection (a) (2) (B). “(d) For payments under grants and contracts under this section there are authorized to be appropriated $15,000,000 for fiscal year 1976, $20,000,000 for fiscal year 1977, and $25,000,000 for fiscal year 1978.”. (b) Sections 810 and 868 are repealed. Sec. 932. guidelines for nurse practitioner training programs The Secretary of Health, Education, and Welfare shall within ninety days of the date of the enactment of this Act prescribe the guidelines for nurse practitioner programs specified in section Ante, p. 359. 822(a) of the Act (as added by section 931 of this title). Subpart 6— Assistance to Nursing Students Sec. 935. extension op traineeships (a) Subsection (a) of section 821 (as in effect on June 30, 1975) is amended to read as follows: “(a) There are authorized to be appropriated $15,000,000 for fiscal year 1976, $20,000,000 for fiscal year 1977, and $25,000,000 for fiscal year 1978, to cover the costs of traineeships for the training of professional nurses— “(1) to teach in the various fields of nurse training (including practical nurse training), “(2) to serve in administrative or supervisory capacities, “(3) to serve as nurse practitioners, or “(4) to serve in other professional nursing specialties deter-mined by the Secretary to require advanced training.”. (b) Effective with respect to grants under section 821 of the Act from appropriations under such section for fiscal years beginning after June 30, 1975, subsection (b) of section 821 (as so in effect) is amended by adding at the end thereof the following: “In making grants for traineeships under this section, the Secretary shall give special consideration to applications for traineeship programs which conform to guidelines established by the Secretary under section 822(a) (2) (B).”. Sec. 936. extension of student loan program (a) Section 822(b)(4) (as in effect on June 30, 1975) is amended by striking out “July 1, 1975” and inserting in lieu thereof “October 1, 1978”. (b) Effective with respect to periods of training to be a nurse anesthetist undertaken on or after the date of the enactment of this Act, section 823(b) (2) (B) is amended by inserting “(or training to be a 42 USC 297b. nurse anesthetist)” after “professional training in nursing”. (c) Section 824is amended to read as follows: 42 USC 297c. “Sec. 824. “authorization of appropriations for student loan funds There are authorized to be appropriated for allotments under section 825 to schools of nursing for Federal capital contributions 42 USC 297d. 42 USC 297a. to their student loan funds established under section 822, $25,000,000 for fiscal year 1976, $30,000,000 for fiscal year 1977, and $35,000,000 for fiscal year 1978. For fiscal year 1979, and for each of the next two succeeding fiscal years there are authorized to be appropriated such sums as may be necessary to enable students who have received a loan for any academic year ending before October 1, 1978, to continue or complete their education.”. (d) Section 826 is amended (1) by striking out “June 30, 1977” 42 USC 297e. each place it occurs and inserting in lieu thereof “September 30, 1980”, and (2) by striking out “September 30, 1977” in subsection (b) and inserting in lieu thereof “December 31, 1980”. (e) (1) Section 827 is repealed. Repeal. 42 USC 297f. 42 USC 297f note. (2) The nurse training fund created within the Treasury by section 827(d)(1) of the Act shall remain available to the Secretary of Health, Education, and Welfare for the purpose of meeting his responsibilities respecting participations in obligations acquired under section 827 of the Act. The Secretary shall continue to deposit in such fund all amounts received by him as interest payments or repayments of principal on loans under such section 827. If at any time the Secretary determines the moneys in the funds exceed the present and any reasonable prospective further requirements of such fund, such excess may be transferred to the general fund of the Treasury. (3) There are authorized to be appropriated without fiscal year Appropriation authorization. 42 USC 297f note. limitation such sums as may be necessary to enable the Secretary to make payments under agreements entered into under section 827(b) of the Act before the date of the enactment of this Act. Sec. 937. extension of scholarship program Section 860 is amended— 42 USC 297j. (1) by striking out “1972, and for each of the next three fiscal years” in subsection (b) and in subsection (c) (1) (A) inserting in lieu thereof “1976, and for each of the next two fiscal years”; (2) by striking out “June 30, 1976” in the second sentence, of subsection (b) and in subsection (c) (1) (B) and inserting in lieu thereof “September 30, 1979”; and (3) by striking out “July 1, 1975” in the second sentence of subsection (b) and in subsection (e)(1)(B) and inserting in lieu thereof “October 1, 1978”. Part C— Technical and Conforming Amendments Sec. 941. technical and conforming amendments (a) (1) Section 802 is amended— 42 USC 296a. (A) by striking out “this part” each place it occurs and inserting in lieu thereof “this subpart”; (B) by striking out “subsection 806(e) of this Act” in subsection (b)(2) and inserting in lieu thereof “section 810(c)”; (C) by striking out paragraph (5) of subsection (b) and inserting in lieu thereof the following: “(5) the application contains or is supported by adequate assurances that all laborers and mechanics employed by contractors or subcontractors in the performance of work on a project 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 Act of March 3, 1931 (40 U.S.C. 276a–276a–5, known as the Davis-Bacon Act), and the Secretary of Labor shall have with respect to such labor standards the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. Appendix) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).”; (D) by striking out “section 841 (hereinafter in this part referred to as the ‘Council’)” in the first sentence following paragraph (5) of subsection (b) and inserting in lieu thereof “section 851”; (E) by striking out the second sentence following such paragraph; and (F) by striking out “above in paragraph (A)” in subsection (c) (1) (B) and inserting in lieu thereof “in subparagraph (A)”. (b) (1) Subsection (a) of section 803 is amended to read as follows: “(a) The amount of any grant for a construction project under this subpart shall be such amount as the Secretary determines to be appropriate after obtaining the advice of the National Advisory Council on Nurse Training; except that— “(1) in the case of a grant— “(A) for a project for a new school, “(B) 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, or “(C) for a project for major remodeling or renovation of an existing facility where such project is required to meet an increase in student enrollment. the amount of such grant may not exceed 75 per centum of the necessary cost of construction, as determined by the Secretary, of such project; and “(2) in the case of a grant for any other project, the amount of such grant may not except where the Secretary determines that unusual circumstances make a larger percentage (which may in no case exceed 75 per centum) necessary in order to effectuate the purposes of this subpart-, exceed 67 per centum of the necessary cost of construction, as so determined, of the project with respect to which the grant is made.”. (2) Subsections (b) and (c) of section 803 are each amended by striking out “this part” and inserting in lieu thereof “this subpart”. (c) Section 804 is amended (1) by striking out “this part” and inserting in lieu thereof “this subpart”, and (2) by redesignating paragraphs (a), (b), and (c) as paragraphs (1), (2), and (3), respectively. (d) Section 805 (as redesignated by section 911(b)) is amended by striking, out “this part” each place it occurs and inserting in lieu thereof “this subpart”. (e) Section 806 is redesignated as section 810. 42 USC 296e. 42 USC 296f. (f) Section 807 is redesignated as section 811 and is amended— (1) by striking out “section 805, 806, or 810” in subsections (a) and (c) and inserting in lieu thereof “this subpart”; (2) by striking out “part” in subsection (b) and inserting in lieu thereof “subpart”; (3) by amending paragraph (1) of subsection (c) to read as follows; “(1) is from a public or nonprofit private school of nursing;”; and (4) by striking out “those sections” each place it occurs in paragraphs (2) and (3) of such subsection and inserting in lieu thereof “this subpart”. (g) (1) Title, VIII is amended by inserting after the heading for part B the following: “Subpart I— Traineeships”. (2) Section 821 (as so designated on the day before the date of 42 USC 297. the enactment of this Act) is redesignated as section 830. (3) Title VIII is amended by inserting after section 830 (as so redesignated) the following: “Subpart II— Student Loans”. (h) Sections 822, 823, 825, 826, 828, and 830 (as so designated on the day before the date of the enactment of this Act) are amended 42 USC 297a, 297b, 297d, 297e, 297g, 297b. as follows: (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”. (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”. (3) Section 822(b) (2) (A) is amended by striking out “under this part” and inserting in lieu thereof “from allotments under section 838”. (4) (A) Section 825 is amended— (i) by striking out “(whether as Federal capital contributions or as loans to schools under section 827)” in sub-section (a);and (ii) by striking out “, and for loans pursuant to section 827.” in subsection (b)(1). (B) Section 826(b) is amended by striking out “(other than so much of such fund as relates to payments from the revolving fund established by section 827(d)) ”. (C) Section 828 is amended by striking out “or loans.” (5) Section 830 is— 42 USC 297b. (A) transferred to section 823 and inserted after sub-section (i) of such section; and (B) is amended by striking out “Sec 830. (a)” and inserting in lieu thereof “(1)”. (i) (1) Sections 822, 823, 824, 825, 826, 828, and 829 (as so designated on the day before the date of the enactment of this Act) are 42 USC 297a–297e, 297g, 297b. redesignated as sections 835, 836, 837, 838, 839, 840, and 841, respectively. (2) Section 835 (as so redesignated) is amended (A) by striking out “829” each place it occurs and inserting in lieu thereof “841”, and (B) by striking out “823” and inserting in lieu thereof “836”. (3) Section 837 (as so redesignated) is amended (A) by striking out “825” and inserting in lieu thereof “838”, and (B) by striking out “822” and inserting in lieu thereof “835”. (4) Section 838 (as so redesignated) is amended by striking out “824” each place it occurs and inserting in lieu thereof “837”. (5) Section 839 (as so redesignated) is amended by striking out “822” each place it occurs and inserting in lieu thereof “835”. (6) Section 841 (as so redesignated) is amended (A) by striking out “822” and inserting in lieu thereof “835”, and (B) by striking out “part D” and inserting in lieu thereof “subpart III of this part”. (j) (1) Part D of title VIII is inserted after subpart II of part B of such title; sections 860 and 861 are redesignated as sections 845 and 846, respectively; and the heading for such part is amended to read as follows: “Subpart III— Scholarship Grants to Schools of Nursing”. (2) Section 845(a) (as so redesignated) is amended by striking out “this part” and inserting in lieu thereof “this section”. (3) Section 846 (as so redesignated) is amended (A) by striking out “this part” the first time it occurs and inserting in lieu thereof “section 845”, and (B) by striking out “to the sums available to the school under this part for (and to be regarded as) Federal capital contributions, to lie used for the same purpose as such sums” and inserting in lieu thereof “to the student loan fund of the school established under an agreement under section 835. Funds transferred under this section to such a student loan fund shall be considered as part of the Federal capital contributions to Such fund”. (4) Section 869 is repealed. (k) (1) Sections 841, 842, 843, 844, and 845 (as so designated on the day before the date of the enactment of this Act) are redesignated as sections 851,852,853,854, and 855, respectively. (2) Section 851 (as so redesignated) is amended (A) by striking out “part A of applications under section 805” in subsection (a) (2) and inserting in lieu thereof “subpart I of part A, of applications under section 805, and of applications under subpart III of part A”; (B) by striking out subsection (b); (C) by striking out “(a) (1)” and inserting in lieu thereof “(a)”; and (I)) by striking out “(2)” and inserting in lieu thereof “(b)”. (3) Section 853 (as so redesignated) is amended— (A) by striking out “part A” in paragraph (f) and inserting in lieu thereof “subpart I of part A”; (B) by striking out “806” in paragraph (f) and inserting in lieu thereof “810”; (C) by striking out “part B” each place it occurs in paragraph (f) and inserting in lieu thereof “section 835”; (D) by striking out “825” in paragraph (f) and inserting in lieu thereof “838”; (E) by redesignating paragraphs (a) through (j) as paragraphs (1) through (10) respectively; (F) by redesignating clauses (1), (2), and (3) of paragraph (6) (as so redesignated) as clauses (A), (B), and (C), respectively. (G) by redesignating subclauses (A) and (B) of such paragraph (6) as subclauses (i) and (ii), respectively; and (H) by redesignating clauses (1) and (2) of paragraph (9) (as so redesignated) as clauses (A) and (B), respectively. (4) Part C is amended by adding at the end thereof the following: “Sec. 856. “delegation The Secretary may delegate the authority to administer 42 USC 298b–3. any program authorized by this title to the administrator of a central or regional office or offices in the Depart merit of Health, Education, and Welfare, except that the authority— “(1) to review, and prepare comments on the merit of, any application for a grant or contract under any program authorized by this title for purposes of presenting such application to the National Advisory Council on Nurse Training, or “(2) to make such a grant or enter into such a contract, shall not be further delegated to any administrator of, or officer in, any regional office or offices in the Department.”. Sec. 942. effective date The amendments made by section 941 shall take effect Ault, p. 363. 42 USC 296a note. July 1, 1975. Except as otherwise specifically provided, the amendments made by section 941 to provisions of title VIII of the Act are made to such provisions as in effect July 1, 1975, and as amended by part B of this title. Ante, p. 355. Part D— Miscellaneous Sec. 951. information respecting the supplt and distribution of and requirements for nurses (a) (1) Using procedures developed in accordance with 42 USC 296 note. paragraph (3), the Secretary of Health, Education, and Welfare (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 Survey. 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, 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 February 1, 1977, and February 1 of each succeeding year, 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. Carl Albert Speaker of the House of Representatives. Nelson A. Rockefeller Vice President of the United States and President of the Senate. IN THE SENATE OF THE UNITED STATES, July 26 (legislative day, July 21), 1975. The Senate having proceeded to reconsider the bill (S. 66) entitled “An Act to amend the Public Health Service Act and related health laws to revise and extend the health revenue sharing program, the family planning programs, the community mental health centers program, the program for migrant health centers and community health centers, the National Health Service Corps program, and the programs for assistance for nurse training, and for other purposes”, returned by the President of the United States with his objections to the Senate, in which it originated, it was 89 STAT. 369 Resolved, That the said bill pass, two-thirds of the Senators present having voted tn the affirmative. Attest: Francis R. Valeo Secretary. I certify that this Act originated in the Senate. Francis R. Valeo Secretary. IN THE HOUSE OF REPRESENTATIVES, U.S., July 29, 1975. The House of Representatives having proceeded to reconsider the bill (S. 66) entitled “An Act to amend the Public Health Service Act and related health laws to revise and extend the health revenue sharing program, the family planning programs, the community mental health centers program, the program for migrant health centers and community health centers, the National Health Service Corps program, and the programs for assistance for nurse training, and for other purposes”, returned by the President of the United States with his objections, to the Senate, in which it originated, and passed by the Senate on reconsideration of the same, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest: W. Pat Jennings Clerk.

8. 1975

   Nurse Training Act of 1975

   Pub. L. 94–63 title IX · 89 Stat. 304

   1. Substituted · 42 U.S.C. § 297e(b)

      Pub. L. 94–63, §§ 936(d), 941(h)(1), (4)(B), substituted “subpart” for “part”

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

      Pub. L. 94–63, §§ 936(d), 941(h)(1), (4)(B), substituted “September 30, 1980” for “June 30, 1977”

   3. Substituted · 42 U.S.C. § 297e(b)

      Pub. L. 94–63, §§ 936(d), 941(h)(1), (4)(B), substituted “December 31, 1980” for “September 30, 1977”

   4. Struck · 42 U.S.C. § 297e(b)

      Pub. L. 94–63, §§ 936(d), 941(h)(1), (4)(B), struck out provisions relating to payments from revolving fund established by section 297f(d) of this title

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–63, §§ 936(d), 941(h)(1), (4)(B), substituted “subpart” for “part”, “September 30, 1980” for “June 30, 1977”, and “December 31, 1980” for “September 30, 1977” and struck out provisions relating to payments from revolving fund established by section 297f(d) of this title.

   Enacted provision · exact public law
   TITLE IX— NURSE TRAINING Sec. 901. short title; reference to act (a) This title may be cited as the “Nurse Training Act of 1975”. (b) Whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other 42 USC 201 note. provision of the Public Health Service Act. Part A— One-Year Extension Sec. 902. extension of existing authorities through fiscal year 1975 (a) Section 801 (relating to construction grants) is amended by striking out “for the fiscal year ending June 30, 1974” and inserting in lieu thereof “each for the fiscal years ending June 30, 1974, and June 30, 1975”. (b) Section 806(i) (relating to capitation grants) is amended by striking out “for the fiscal year ending June 30, 1974” and inserting in lieu thereof “each for the fiscal years ending June 30, 1974, and June 30, 1975”. (c) Section 808 (relating to special project grants and contracts and financial distress grants) is amended by striking out “for the fiscal year ending June 30, 1974” each place it occurs and inserting in lieu thereof “each for the fiscal years ending June 30, 1974, and June 30, 1975”. (d) Section 809 (relating to loan guarantees and interest subsidies) 42 USC 296d. is amended— (1) by striking out “1974” in subsections (a) and (b) and inserting in lieu thereof “1975”, and (2) by striking out “in the fiscal year ending June 30, 1974” in subsection (e) and inserting in lieu thereof “in the fiscal year ending June 30, 1974, or in the next fiscal year”. (e) Section 810(d) (relating to start-up grants) is amended by 42 USC 296i. striking out “for the fiscal year ending June 30, 1974” and inserting in lieu thereof “each for the fiscal years ending June 30, 1974, and June 30, 1975”. (f) Section 850 (relating to scholarships) is amended— 42 USC 298c. (1) by striking out “next two fiscal year” in subsection (b) and inserting in lieu thereof “next three fiscal years”, (2) by striking out “1975” in that subsection and inserting in lieu thereof “1976”, (3) by striking out “1974” in that subsection and inserting in lieu thereof “1975”, (4) by striking out “the next two fiscal years” in subsection (c) (1) (A) and inserting in lieu thereof “the next three fiscal years”, (5) by striking out “1974” in subsection (c) (1) (B) and inserting in lieu thereof “1975”, and (6) by striking out “1975” in that subsection and inserting in lieu thereof “1976”. (g) Section 868(b) (relating to recruitment programs) is amended 42 USC 298c–7. by striking out “for the fiscal year ending June 30, 1974” and inserting in lieu thereof “each for the fiscal years ending June 30, 1974, and June 30, 1975”. Part B— Revision and Extension of Programs Through Fiscal Year 1978 Subpart 1— Effective Date Sec. 905. effective date Except as may otherwise be specifically provided, the 42 USC 296 note. amendments made by this part shall take effect July 1, 1975. The amendments made by this part, to provisions of title VIII of the Public Health Service Act (hereinafter in this part referred to as the “Act”) are made to such provisions as amended by part A of this title. Subpart 2— Construction Assistance Sec. 910. extension of grants and loan guarantees and interest subsidies (a) (1) Section 801 is amended by striking out “and” 42 USC 296. after “1973,”; and by inserting before the period a comma and the following: “$20,000,000 for fiscal year 1976, $20,000,000 for fiscal year 1977, and $20,000,000 for fiscal year 1978”. (2) Effective with respect to grants for construction projects under part A of title VIII of the Act made from appropriations under section 801 of the Act, section 802(c) (1) (A) is amended (A) by inserting 42 USC 296a. “(i)” after “proposed facilities”, and (B) by inserting before the semi-colon “, or (ii) in expanding the rapacity of the school to provide graduate training”, (b) (1) (A) Subsections (a) and (b) of section 809 are each amended by striking out “June 30, 1975” and inserting in lieu thereof “September 30, 1978”. (B) (i) The last sentence, of subsection (a) of section 809 is amended (I) by striking out “(1)” and (II) by striking out all after “the project” and inserting in lieu thereof a period. (ii) The amendment made by clause (i) shall apply with respect to loans guaranteed under subpart I of part A of title VIII of the Act after the date of the enactment of this Act. (2) The second sentence, of subsection (e) of such section is amended (A) by striking out “and” after “1973,”, and (B) by inserting after “the next fiscal year” a comma and the following: “$1,000,000 in fiscal year 1976, 81,000,000 in fiscal year 1977, and $1,000,000 in fiscal year 1978”. (c) (1) Subsection (a) of section 809 is amended by inserting “or the Federal Financing Bank” and “non-Federal lenders”. (2) Subsection (b) of section 809 is amended by inserting “or the Federal Financing Bank” after “non-Federal lender”. Sec. 911. technical amendments (a) (1) Title VIII is amended by 42 USC 296. inserting after the heading for part A the following: “Subpart I— Construction Assistance”. (2) The heading for part A is amended by striking out “Grants” and inserting in lieu thereof “Assistance”. (b) Section 809 is inserted after section 804 and is redesignated as section 805. Subpart 3— Capitation Grants Sec. 915. extension and revision of capitation grants (a) Section 806(a) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: “(1) Each collegiate school of nursing shall receive $400 for each undergraduate full-time student enrolled in each of the last two years of such school in such year. “(2) Each associate degree school of nursing shall receive (A) the product of $275 and one-half of the number of full-time students enrolled in the first, year of such school in such year, and (B) $275 for each full-time student enrolled in the last year of such school in such year. “(3) Each diploma school of nursing shall receive $250 for each full-time student enrolled in such school in such year.”. (b) Subsections (c), (d), (e), and (f) of section 806 are repealed and the following new subsection is inserted after subsection (b): “(c) (1) Requirements for Grants.— The Secretary shall not make a grant under subsection (a) to any school of nursing in a fiscal year beginning after June 30, 1975, unless the application for such grant contains or is supported by reasonable assurances satisfactory to the Secretary that— “(A) the first-year enrollment of full-time students in the school in the school year beginning after the fiscal year in which the grant applied for is to be made will not be less than the first-year enrollment of such students in the school in the preceding school year; and “(B) that the school will expend in carrying out its function as a school of nursing, during the fiscal year for which such grant is sought, an amount of fluids (other than funds for construction as determined by the Secretary) from non-Federal sources which is at least as great as the average amount of funds expended by such applicant for such purposes (excluding expenditures of a nonrecurring nature) in the three fiscal years immediately preceding the fiscal year for which such grant is sought. The requirement of subparagraph (A) shall lie in addition to the requirements of section 802 (b)(2)(D), where applicable. 42 USC 296a. “(2) The Secretary shall not make a grant under subsection (a) to any school of nursing in a fiscal year beginning after June 30, 1975, unless one of the following requirements is met: “(A) The application for such grant shall contain or be sup-ported by reasonable assurances satisfactory to the Secretary that for the school year beginning after the close of the fiscal year in which such grant is to be made and for each school year thereafter beginning in a fiscal year in which such a grant is made the first year enrollment of full-time students in such school will exceed the number of such students enrolled in the school year beginning during the fiscal year ending June 30, 1975— “(i) by 10 per centum of such number if such number was not more than one hundred, or “(ii) by 5 per centum of such number, or ten students, whichever is greater, if such number was more than one hundred. “(B) The school has provided reasonable assurance satisfactory to the Secretary that it will carry out, in accordance with a plan submitted by the school to the Secretary and approved by him, at least two of the following programs in the school year beginning after the close of the fiscal year in which such grant is to be made and in each school year thereafter beginning in a fiscal year in which such a grant is made: “(i) In the case of collegiate schools of nursing, a program for the training of nurse practitioners (as defined in section 822). Post, p. 361 “(ii) A program under which students enrolled in a school of nursing will receive a significant portion of their clinical training in community health centers, long-term care facilities, and ambulatory care facilities geographically remote from the main site of the teaching facilities of the school. “(iii) A program for the continuing education of nurses which meets needs identified by appropriate State, regional, or local health or educational entities (including health systems agencies). “(iv) A program to identify, recruit, enroll, retain, and graduate individuals from disadvantaged backgrounds (as determined in accordance with criteria prescribed by the Secretary) under which program at least 10 per centum of each year’s entering class (or ten students, whichever is greater) is comprised of such individuals.”. (c) (1) Section 806(i) (1) is amended by striking out “and” after “1073,” and by inserting before “for grants” the following: “$50,000,000 for fiscal year 1976, $55,000,000 for fiscal year 1977, and $55,000,000 for fiscal year 1978”. (d) For fiscal year 1976, and for each of the next two fiscal years, there are authorized to be appropriated such sums as may be necessary to continue to make annual grants to schools of nursing under section 806(a) of the Act (as in effect on June 30, 1975) based on the number of enrollment bonus students (determined in accordance with subsections (c) and (d) of section 806 of the Act (as so in effect)) enrolled in such schools who were first-year students in such schools for school years beginning before June 30, 1975. Sec. 916. technical amendments (a) Subsections (g), (h), and (i) of section 806 are redesignated as subsections (d), (c), and (f), respectively. (b) Subsection (b) of such section is amended by striking out “subsection (i)” and inserting in lieu thereof “subsection (f)”. (c) Title VIII is amended by inserting after section 805 (as so redesignated by section 102(b) of this Act) the following: “Subpart II— Capitation Grants”. Sec. 917. effective date The amendments made by this subpart, shall take effect with respect to grants made under section 806 (redesignated as section 810 by part C of this title) of the Act from appropriations under such section for fiscal years beginning after June 30, 1975. Subpart 4— Financial Distress Grants Sec. 921. extension of financial distress grant program Title VIII is amended by inserting after section 807 the following: “Subpart III— Financial Distress Grants “Sec. 815. “financial distress grants (a) The Secretary may make grants to assist public or non-profit private schools of nursing which are in serious financial straits to meet operational costs required to maintain quality educational pro-grams or which have special need for financial assistance to meet accreditation requirements. Any such grant may be made upon such terms and conditions as the Secretary determines to lie reasonable and necessary, including requirements that the school agree (1) to disclose any financial information or data deemed by the Secretary to be necessary to determine the sources or causes of that school’s financial distress, (2) to conduct a comprehensive cost analysis study in cooperation with the Secretary, and (3) to carry out appropriate operational and financial reforms on the basis of information obtained in the course of the comprehensive cost analysis study or on the basis of other relevant information. “(b) (1) No grant may be made under subsection (a) unless Application. an application therefor is 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 Training. “(2) An application for a grant under subsection (a) must contain or be supported by assurances satisfactory to the Secretary that the applicant will expend in carrying out its functions as a school of nursing, during the fiscal year for which such grant is sought, an amount of funds (other than funds for construction as determined by the Secretary) from non-Federal sources which is at least as great as the aver-age amount of funds expended by such applicant for such purpose (excluding expenditures of a nonrecurring nature) in the three fiscal years immediately preceding the fiscal year for which such grant is sought. The Secretary may, after consultation with the National Advisory Council on Nurse Training, waive, the requirement of the preceding sentence with respect to any school if he determines that the application of such requirement to such school would be inconsistent with the purposes of subsection (a). “(c) For payments under grants under this section there are authorized Appropriation authorization. to be appropriated $5,000,000 for fiscal year 1976, $5,000,000 for fiscal year 1977, and $5,000,000 for fiscal year 1978.”. Sec. 922. technical amendment Sections 805 and 808 (as in effect on dune 30, 1975) are Repeals. 42 USC 296d, 296g. repealed. Subpart 5— Special Project Assistance Sec. 931. special project grants and contracts (a) Title VIII is amended by inserting after subpart HI of part A (as added by section 921 of this title) the following: Ante, p. 358. “Subpart IV— Special Projects Sec. 820. “special project grants and contracts (a) The Secretary may make grants to public and non-profit 42 USC 296k. 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— “(1) assist in— “(A) mergers between hospital training programs or between hospital training programs and academic institutions, or “(B) other cooperative arrangements among hospitals and academic institutions, leading to the establishment of nurse training programs; “(2) (A) plan, develop, or establish new nurse training pro-grams or programs of research in nursing education, or “(B) significantly improve curricula of schools of nursing (including curriculums of pediatric nursing and geriatric nursing) or modify existing programs of nursing education; “(3) increase nursing education opportunities for individuals from disadvantaged backgrounds, as determined in accordance with criteria prescribed by the Secretary, by— “(A) identifying, recruiting, and selecting such individuals, “(B) facilitating the entry of such individuals into schools of nursing, “(C) providing counseling or other services designed to assist such individuals to complete successfully their nursing education. “(D) 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, “(E) paying such stipends (including allowances for travel and dependents) as the Secretary may determine for such individuals for any period of nursing education, and “(F) publicizing, especially to licensed vocational or practical nurses, existing sources of financial aid available to persons enrolled in schools of nursing or who are under-taking training necessary to qualify them to enroll in such schools; “(4) provide continuing education for nurses; “(5) provide appropriate retraining opportunities for nurses who (after periods of professional inactivity) desire again actively to engage in the nursing profession; “(6) 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; “(7) provide training and education to upgrade the skills of licensed vocational or practical nurses, nursing assistants, and other paraprofessional nursing personnel; or “(8) assist in meeting the costs of developing short-term (not to exceed 6 months) in-service training programs for nurses aides and orderlies tor nursing homes, which programs emphasize the special problems of geriatric patients and include training for monitoring the well-being and feeding and cleaning of the patients in nursing homes, emergency procedures, drug properties and interactions, and fire safety techniques. Contracts may be entered into under this subsection without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5). “(b) The Secretary may, with the advice of the National Advisory Council on Nurse Training, provide assistance to the heads of other departments and agencies of the Government to encourage and assist in the utilization of medical facilities under their jurisdiction for nurse training programs. “(c) 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 Training, 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. “(d) For payments under grants and contracts under this section Appropriation authorization there are authorized to be appropriated $15,000,000 for fiscal year 1976, $15,000,000 for fiscal year 1977, and $15,000,000 for fiscal year 1978. Not less than 10 per centum of the funds appropriated under this subsection for any fiscal year shall be used for payments under grants and contracts to meet the costs of the special projects described in subsection (a)(3). Sec. 821. “advanced nurse training programs (a) (1) The Secretary may make grants to and enter into Grants and contracts. 42 USC 296l. contracts with public and nonprofit private collegiate schools of nursing to meet the costs of projects to— “(A) plan, develop, and operate. “(B) significantly expand, or “(C) maintain existing, programs for the advanced training of professional nurses to teach in the various fields of nurse training, to serve in administrative or supervisory capacities, or to serve in other professional nursing special-ties (including service as nurse clinicians) determined by the Secretary to require advanced training. “(b) For payments under grants and contracts under this section Appropriation authorization. there are authorized to be appropriated $15,000,000 for fiscal year 1975, $20,000,000 for fiscal year 1977, and $25,000,000 for fiscal year 1978. Sec. 822. “nurse practitioner programs (a) (1) The Secretary may make grants to and enter Grants and contracts. 42 USC 296m. into contracts with public or nonprofit private schools of nursing, medicine, and public health, public or nonprofit private hospitals, and other public or nonprofit private entities to meet the cost of projects to— “(A) plan, develop, and operate, “(B) significantly expand, or “(C) maintain existing, programs for the training of nurse practitioners. Tire Secretary shall give special consideration to applications for grants or contracts for programs for the training of nurse practitioners which emphasize training respecting the special problems of geriatric patients and training to meet the particular needs of nursing home patients. “(2) (A) For purposes of this section, the term ’programs for the “Programs for the training of nurse practitioners.” training of nurse practitioners’ means educational programs for registered nurses (irrespective of the type of school of nursing in which the nurses received their training) which meet guidelines prescribed by the Secretary in accordance with subparagraph (B) and which have as their objective the education of nurses (including pediatric and geriatric 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. “(B) After consultation with appropriate educational organizations Guidelines. and professional nursing and medical organizations, the Secretary shall prescribe guidelines for programs for the training of nurse practitioners. Such guidelines shall, as a minimum, require that such a program— “(i) extend for at least one academic year and consist of— “(I) supervised clinical practice, and “(II) at least four months (in the aggregate) of classroom instruction, directed toward preparing nurses to deliver primary health care; and “(ii) have an enrollment of not less than eight students. “(b) No grant may be made or contract entered into for a project to plan, develop, and operate a program for the training of nurse practitioners unless the application for the grant or contract contains assurances satisfactory to the Secretary that the program will upon its development meet the guidelines which are in effect under subsection (a) (2) (B); and no grant may be made or contract entered into for a project to expand or maintain such a program unless the application for the grant or contract contains assurances satisfactory to the Secretary that the program meets the guidelines which are in effect under such subsection. “(c) The costs for which a grant or contract under this section may lie made may include costs of preparation of faculty members in order to conform to the guidelines established under subsection (a) (2) (B). “(d) For payments under grants and contracts under this section there are authorized to be appropriated $15,000,000 for fiscal year 1976, $20,000,000 for fiscal year 1977, and $25,000,000 for fiscal year 1978.”. (b) Sections 810 and 868 are repealed. Sec. 932. guidelines for nurse practitioner training programs The Secretary of Health, Education, and Welfare shall within ninety days of the date of the enactment of this Act prescribe the guidelines for nurse practitioner programs specified in section Ante, p. 359. 822(a) of the Act (as added by section 931 of this title). Subpart 6— Assistance to Nursing Students Sec. 935. extension op traineeships (a) Subsection (a) of section 821 (as in effect on June 30, 1975) is amended to read as follows: “(a) There are authorized to be appropriated $15,000,000 for fiscal year 1976, $20,000,000 for fiscal year 1977, and $25,000,000 for fiscal year 1978, to cover the costs of traineeships for the training of professional nurses— “(1) to teach in the various fields of nurse training (including practical nurse training), “(2) to serve in administrative or supervisory capacities, “(3) to serve as nurse practitioners, or “(4) to serve in other professional nursing specialties deter-mined by the Secretary to require advanced training.”. (b) Effective with respect to grants under section 821 of the Act from appropriations under such section for fiscal years beginning after June 30, 1975, subsection (b) of section 821 (as so in effect) is amended by adding at the end thereof the following: “In making grants for traineeships under this section, the Secretary shall give special consideration to applications for traineeship programs which conform to guidelines established by the Secretary under section 822(a) (2) (B).”. Sec. 936. extension of student loan program (a) Section 822(b)(4) (as in effect on June 30, 1975) is amended by striking out “July 1, 1975” and inserting in lieu thereof “October 1, 1978”. (b) Effective with respect to periods of training to be a nurse anesthetist undertaken on or after the date of the enactment of this Act, section 823(b) (2) (B) is amended by inserting “(or training to be a 42 USC 297b. nurse anesthetist)” after “professional training in nursing”. (c) Section 824is amended to read as follows: 42 USC 297c. “Sec. 824. “authorization of appropriations for student loan funds There are authorized to be appropriated for allotments under section 825 to schools of nursing for Federal capital contributions 42 USC 297d. 42 USC 297a. to their student loan funds established under section 822, $25,000,000 for fiscal year 1976, $30,000,000 for fiscal year 1977, and $35,000,000 for fiscal year 1978. For fiscal year 1979, and for each of the next two succeeding fiscal years there are authorized to be appropriated such sums as may be necessary to enable students who have received a loan for any academic year ending before October 1, 1978, to continue or complete their education.”. (d) Section 826 is amended (1) by striking out “June 30, 1977” 42 USC 297e. each place it occurs and inserting in lieu thereof “September 30, 1980”, and (2) by striking out “September 30, 1977” in subsection (b) and inserting in lieu thereof “December 31, 1980”. (e) (1) Section 827 is repealed. Repeal. 42 USC 297f. 42 USC 297f note. (2) The nurse training fund created within the Treasury by section 827(d)(1) of the Act shall remain available to the Secretary of Health, Education, and Welfare for the purpose of meeting his responsibilities respecting participations in obligations acquired under section 827 of the Act. The Secretary shall continue to deposit in such fund all amounts received by him as interest payments or repayments of principal on loans under such section 827. If at any time the Secretary determines the moneys in the funds exceed the present and any reasonable prospective further requirements of such fund, such excess may be transferred to the general fund of the Treasury. (3) There are authorized to be appropriated without fiscal year Appropriation authorization. 42 USC 297f note. limitation such sums as may be necessary to enable the Secretary to make payments under agreements entered into under section 827(b) of the Act before the date of the enactment of this Act. Sec. 937. extension of scholarship program Section 860 is amended— 42 USC 297j. (1) by striking out “1972, and for each of the next three fiscal years” in subsection (b) and in subsection (c) (1) (A) inserting in lieu thereof “1976, and for each of the next two fiscal years”; (2) by striking out “June 30, 1976” in the second sentence, of subsection (b) and in subsection (c) (1) (B) and inserting in lieu thereof “September 30, 1979”; and (3) by striking out “July 1, 1975” in the second sentence of subsection (b) and in subsection (e)(1)(B) and inserting in lieu thereof “October 1, 1978”. Part C— Technical and Conforming Amendments Sec. 941. technical and conforming amendments (a) (1) Section 802 is amended— 42 USC 296a. (A) by striking out “this part” each place it occurs and inserting in lieu thereof “this subpart”; (B) by striking out “subsection 806(e) of this Act” in subsection (b)(2) and inserting in lieu thereof “section 810(c)”; (C) by striking out paragraph (5) of subsection (b) and inserting in lieu thereof the following: “(5) the application contains or is supported by adequate assurances that all laborers and mechanics employed by contractors or subcontractors in the performance of work on a project 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 Act of March 3, 1931 (40 U.S.C. 276a–276a–5, known as the Davis-Bacon Act), and the Secretary of Labor shall have with respect to such labor standards the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. Appendix) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).”; (D) by striking out “section 841 (hereinafter in this part referred to as the ‘Council’)” in the first sentence following paragraph (5) of subsection (b) and inserting in lieu thereof “section 851”; (E) by striking out the second sentence following such paragraph; and (F) by striking out “above in paragraph (A)” in subsection (c) (1) (B) and inserting in lieu thereof “in subparagraph (A)”. (b) (1) Subsection (a) of section 803 is amended to read as follows: “(a) The amount of any grant for a construction project under this subpart shall be such amount as the Secretary determines to be appropriate after obtaining the advice of the National Advisory Council on Nurse Training; except that— “(1) in the case of a grant— “(A) for a project for a new school, “(B) 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, or “(C) for a project for major remodeling or renovation of an existing facility where such project is required to meet an increase in student enrollment. the amount of such grant may not exceed 75 per centum of the necessary cost of construction, as determined by the Secretary, of such project; and “(2) in the case of a grant for any other project, the amount of such grant may not except where the Secretary determines that unusual circumstances make a larger percentage (which may in no case exceed 75 per centum) necessary in order to effectuate the purposes of this subpart-, exceed 67 per centum of the necessary cost of construction, as so determined, of the project with respect to which the grant is made.”. (2) Subsections (b) and (c) of section 803 are each amended by striking out “this part” and inserting in lieu thereof “this subpart”. (c) Section 804 is amended (1) by striking out “this part” and inserting in lieu thereof “this subpart”, and (2) by redesignating paragraphs (a), (b), and (c) as paragraphs (1), (2), and (3), respectively. (d) Section 805 (as redesignated by section 911(b)) is amended by striking, out “this part” each place it occurs and inserting in lieu thereof “this subpart”. (e) Section 806 is redesignated as section 810. 42 USC 296e. 42 USC 296f. (f) Section 807 is redesignated as section 811 and is amended— (1) by striking out “section 805, 806, or 810” in subsections (a) and (c) and inserting in lieu thereof “this subpart”; (2) by striking out “part” in subsection (b) and inserting in lieu thereof “subpart”; (3) by amending paragraph (1) of subsection (c) to read as follows; “(1) is from a public or nonprofit private school of nursing;”; and (4) by striking out “those sections” each place it occurs in paragraphs (2) and (3) of such subsection and inserting in lieu thereof “this subpart”. (g) (1) Title, VIII is amended by inserting after the heading for part B the following: “Subpart I— Traineeships”. (2) Section 821 (as so designated on the day before the date of 42 USC 297. the enactment of this Act) is redesignated as section 830. (3) Title VIII is amended by inserting after section 830 (as so redesignated) the following: “Subpart II— Student Loans”. (h) Sections 822, 823, 825, 826, 828, and 830 (as so designated on the day before the date of the enactment of this Act) are amended 42 USC 297a, 297b, 297d, 297e, 297g, 297b. as follows: (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”. (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”. (3) Section 822(b) (2) (A) is amended by striking out “under this part” and inserting in lieu thereof “from allotments under section 838”. (4) (A) Section 825 is amended— (i) by striking out “(whether as Federal capital contributions or as loans to schools under section 827)” in sub-section (a);and (ii) by striking out “, and for loans pursuant to section 827.” in subsection (b)(1). (B) Section 826(b) is amended by striking out “(other than so much of such fund as relates to payments from the revolving fund established by section 827(d)) ”. (C) Section 828 is amended by striking out “or loans.” (5) Section 830 is— 42 USC 297b. (A) transferred to section 823 and inserted after sub-section (i) of such section; and (B) is amended by striking out “Sec 830. (a)” and inserting in lieu thereof “(1)”. (i) (1) Sections 822, 823, 824, 825, 826, 828, and 829 (as so designated on the day before the date of the enactment of this Act) are 42 USC 297a–297e, 297g, 297b. redesignated as sections 835, 836, 837, 838, 839, 840, and 841, respectively. (2) Section 835 (as so redesignated) is amended (A) by striking out “829” each place it occurs and inserting in lieu thereof “841”, and (B) by striking out “823” and inserting in lieu thereof “836”. (3) Section 837 (as so redesignated) is amended (A) by striking out “825” and inserting in lieu thereof “838”, and (B) by striking out “822” and inserting in lieu thereof “835”. (4) Section 838 (as so redesignated) is amended by striking out “824” each place it occurs and inserting in lieu thereof “837”. (5) Section 839 (as so redesignated) is amended by striking out “822” each place it occurs and inserting in lieu thereof “835”. (6) Section 841 (as so redesignated) is amended (A) by striking out “822” and inserting in lieu thereof “835”, and (B) by striking out “part D” and inserting in lieu thereof “subpart III of this part”. (j) (1) Part D of title VIII is inserted after subpart II of part B of such title; sections 860 and 861 are redesignated as sections 845 and 846, respectively; and the heading for such part is amended to read as follows: “Subpart III— Scholarship Grants to Schools of Nursing”. (2) Section 845(a) (as so redesignated) is amended by striking out “this part” and inserting in lieu thereof “this section”. (3) Section 846 (as so redesignated) is amended (A) by striking out “this part” the first time it occurs and inserting in lieu thereof “section 845”, and (B) by striking out “to the sums available to the school under this part for (and to be regarded as) Federal capital contributions, to lie used for the same purpose as such sums” and inserting in lieu thereof “to the student loan fund of the school established under an agreement under section 835. Funds transferred under this section to such a student loan fund shall be considered as part of the Federal capital contributions to Such fund”. (4) Section 869 is repealed. (k) (1) Sections 841, 842, 843, 844, and 845 (as so designated on the day before the date of the enactment of this Act) are redesignated as sections 851,852,853,854, and 855, respectively. (2) Section 851 (as so redesignated) is amended (A) by striking out “part A of applications under section 805” in subsection (a) (2) and inserting in lieu thereof “subpart I of part A, of applications under section 805, and of applications under subpart III of part A”; (B) by striking out subsection (b); (C) by striking out “(a) (1)” and inserting in lieu thereof “(a)”; and (I)) by striking out “(2)” and inserting in lieu thereof “(b)”. (3) Section 853 (as so redesignated) is amended— (A) by striking out “part A” in paragraph (f) and inserting in lieu thereof “subpart I of part A”; (B) by striking out “806” in paragraph (f) and inserting in lieu thereof “810”; (C) by striking out “part B” each place it occurs in paragraph (f) and inserting in lieu thereof “section 835”; (D) by striking out “825” in paragraph (f) and inserting in lieu thereof “838”; (E) by redesignating paragraphs (a) through (j) as paragraphs (1) through (10) respectively; (F) by redesignating clauses (1), (2), and (3) of paragraph (6) (as so redesignated) as clauses (A), (B), and (C), respectively. (G) by redesignating subclauses (A) and (B) of such paragraph (6) as subclauses (i) and (ii), respectively; and (H) by redesignating clauses (1) and (2) of paragraph (9) (as so redesignated) as clauses (A) and (B), respectively. (4) Part C is amended by adding at the end thereof the following: “Sec. 856. “delegation The Secretary may delegate the authority to administer 42 USC 298b–3. any program authorized by this title to the administrator of a central or regional office or offices in the Depart merit of Health, Education, and Welfare, except that the authority— “(1) to review, and prepare comments on the merit of, any application for a grant or contract under any program authorized by this title for purposes of presenting such application to the National Advisory Council on Nurse Training, or “(2) to make such a grant or enter into such a contract, shall not be further delegated to any administrator of, or officer in, any regional office or offices in the Department.”. Sec. 942. effective date The amendments made by section 941 shall take effect Ault, p. 363. 42 USC 296a note. July 1, 1975. Except as otherwise specifically provided, the amendments made by section 941 to provisions of title VIII of the Act are made to such provisions as in effect July 1, 1975, and as amended by part B of this title. Ante, p. 355. Part D— Miscellaneous Sec. 951. information respecting the supplt and distribution of and requirements for nurses (a) (1) Using procedures developed in accordance with 42 USC 296 note. paragraph (3), the Secretary of Health, Education, and Welfare (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 Survey. 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, 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 February 1, 1977, and February 1 of each succeeding year, 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. Carl Albert Speaker of the House of Representatives. Nelson A. Rockefeller Vice President of the United States and President of the Senate. IN THE SENATE OF THE UNITED STATES, July 26 (legislative day, July 21), 1975. The Senate having proceeded to reconsider the bill (S. 66) entitled “An Act to amend the Public Health Service Act and related health laws to revise and extend the health revenue sharing program, the family planning programs, the community mental health centers program, the program for migrant health centers and community health centers, the National Health Service Corps program, and the programs for assistance for nurse training, and for other purposes”, returned by the President of the United States with his objections to the Senate, in which it originated, it was 89 STAT. 369 Resolved, That the said bill pass, two-thirds of the Senators present having voted tn the affirmative. Attest: Francis R. Valeo Secretary. I certify that this Act originated in the Senate. Francis R. Valeo Secretary. IN THE HOUSE OF REPRESENTATIVES, U.S., July 29, 1975. The House of Representatives having proceeded to reconsider the bill (S. 66) entitled “An Act to amend the Public Health Service Act and related health laws to revise and extend the health revenue sharing program, the family planning programs, the community mental health centers program, the program for migrant health centers and community health centers, the National Health Service Corps program, and the programs for assistance for nurse training, and for other purposes”, returned by the President of the United States with his objections, to the Senate, in which it originated, and passed by the Senate on reconsideration of the same, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest: W. Pat Jennings Clerk.

9. 1979

   Pub. L. 96–32 § 7(j) · 93 Stat. 82

   Substituted · 42 U.S.C. § 297e(a)

   Pub. L. 96–32 substituted “December 31, 1980” for “September 30, 1977”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 96–32 substituted “December 31, 1980” for “September 30, 1977”.

   Enacted provision · exact public law section
   (j) Section 839(a) of the Public Health Service Act (42 U.S.C. 297e(a)) is amended by striking out “September 30, 1977” and inserting in lieu

10. 1979

    Nurse Training Amendments of 1979

    Pub. L. 96–76 § 109(c)(1) · 93 Stat. 579

    Substituted · 42 U.S.C. § 297e(a)

    Pub. L. 96–76, § 109(c)(1), substituted “September 30, 1983, and not later than December 31, 1983” for “September 30, 1980, and not later than December 31, 1981”. Prior to amendment, subsec. (a) referred to “December 31, 1980” rather than to “December 31, 1981” as cited in directory language of Pub. L. 96–76. See below for explanation of amendment by Pub. L. 96–32

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–76, § 109(c)(1), substituted “September 30, 1983, and not later than December 31, 1983” for “September 30, 1980, and not later than December 31, 1981”. Prior to amendment, subsec. (a) referred to “December 31, 1980” rather than to “December 31, 1981” as cited in directory language of Pub. L. 96–76. See below for explanation of amendment by Pub. L. 96–32.

    Enacted provision · exact public law section
    (1) Subsection (a) of section 839 (relating to distribution of assets) (42 U.S.C. 297e) is amended by striking out “September 30, 1980, and not later than December 31, 1981” and inserting in lieu thereof “September 30, 1983, and not later than December 31, 1983”.

11. 1979

    Nurse Training Amendments of 1979

    Pub. L. 96–76 § 109(c)(2) · 93 Stat. 579

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

    Pub. L. 96–76, § 109(c)(2), substituted “1983” for “1980”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 96–76, § 109(c)(2), substituted “1983” for “1980”.

    Enacted provision · exact public law section
    (2) Paragraph (1) of such subsection is amended by striking out “1980” and inserting in lieu thereof “1983”.

12. 1979

    Nurse Training Amendments of 1979

    Pub. L. 96–76 § 109(c)(3) · 93 Stat. 579

    Substituted · 42 U.S.C. § 297e(b)

    Pub. L. 96–76, § 109(c)(3), substituted “1983” for “1980” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–76, § 109(c)(3), substituted “1983” for “1980” wherever appearing.

    Enacted provision · exact public law section
    (3) Subsection (b) of such section is amended by striking out “1980” each place it occurs and inserting in lieu thereof “1983”.

13. 1981

    Pub. L. 97–35 title XXVII § 2757(d) · 95 Stat. 357

    Substituted · 42 U.S.C. § 297e

    Pub. L. 97–35 substituted “1987” for “1983” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 97–35 substituted “1987” for “1983” wherever appearing.

    Enacted provision · exact public law section
    (d) Section 839 (42 U.S.C. 297e) is amended by striking out “1983” each place it occurs and inserting in lieu thereof “1987”.

14. 1985

    Nurse Education Amendments of 1985

    Pub. L. 99–92 § 8(f)(1) · 99 Stat. 393

    Substituted · 42 U.S.C. § 297e(a); 42 U.S.C. § 297e(b)

    Pub. L. 99–92, § 8(f)(1), substituted “1991” for “1987” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 99–92, § 8(f)(1), substituted “1991” for “1987” wherever appearing.

    Enacted provision · exact public law section
    (1) by striking out “1987,” each place it appears in subsections (a) and (b) and inserting in lieu thereof “1991,”; and

    Effective date note
    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 297a of this title.

15. 1985

    Nurse Education Amendments of 1985

    Pub. L. 99–92 § 8(f)(2) · 99 Stat. 393

    Added · 42 U.S.C. § 297e(c)

    Pub. L. 99–92, § 8(f)(2), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–92, § 8(f)(2), added subsec. (c).

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new subsection: “(c) (1) Within 90 days after the termination of any agreement with a school under section 835 or the termination in any other manner of a school’s participation in the loan program under this subpart, such school shall pay to the Secretary from the balance of the loan fund of such school established under section 835, an amount which bears the same ratio to the balance in such fund on the date of such termination as the total amount of the Federal capital contributions to such fund by the Secretary pursuant to section 835(b)(2)(A) bears to the total amount in such fund on such date derived from such Federal capital contributions and from funds deposited in the fund pursuant to section 835(b)(2)(B). The remainder of such balance shall be paid to the school. “(2) A school to which paragraph (1) applies shall pay to the Secretary after the date on which payment is made under such paragraph and not less than quarterly, the same proportionate share of amounts received by the school after the date of termination referred to in paragraph (1) in payment of principal or interest on loans made from the loan fund as was determined for the Secretary under such paragraph.”.

    Effective date note
    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 297a of this title.

16. 1988

    Nursing Shortage Reduction and Education Extension Act of 1988

    Pub. L. 100–607 § 713(i)(1)(A) · 102 Stat. 3048

    Substituted · 42 U.S.C. § 297e(a)

    Pub. L. 100–607, § 713(i)(1)(A), which directed substitution of “1994” for “1991” in text preceding par. (1), was executed by making the substitution for “1991” the second time appearing to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–607, § 713(i)(1)(A), which directed substitution of “1994” for “1991” in text preceding par. (1), was executed by making the substitution for “1991” the second time appearing to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1), by striking “1991” and inserting “1994”; and

17. 1988

    Nursing Shortage Reduction and Education Extension Act of 1988

    Pub. L. 100–607 § 713(i)(1)(B) · 102 Stat. 3048

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

    Pub. L. 100–607, § 713(i)(1)(B), substituted “1994” for “1991”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 100–607, § 713(i)(1)(B), substituted “1994” for “1991”.

    Enacted provision · exact public law section
    (B) in paragraph (1), by striking “1991” and inserting “1994”; and

18. 1988

    Nursing Shortage Reduction and Education Extension Act of 1988

    Pub. L. 100–607 § 713(i)(2) · 102 Stat. 3048

    Substituted · 42 U.S.C. § 297e(b)

    Pub. L. 100–607, § 713(i)(2), substituted “1994” for “1991” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–607, § 713(i)(2), substituted “1994” for “1991” in two places.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “1991” each place it appears and inserting “1994”.

19. 1992

    Health Professions Education Extension Amendments of 1992

    Pub. L. 102–408 § 208(b)(2) · 106 Stat. 1992

    Substituted · 42 U.S.C. § 297e(a)

    Pub. L. 102–408, § 208(b)(2), substituted “1999” for “1994” in introductory provisions and in par. (1)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–408, § 208(b)(2), substituted “1999” for “1994” in introductory provisions and in par. (1).

    Enacted provision · exact public law section
    (2) in subsections (a) and (b), by striking “1994” each place such term appears and inserting “1999”.

20. 1992

    Health Professions Education Extension Amendments of 1992

    Pub. L. 102–408 § 208(b)(1) · 106 Stat. 1992

    Substituted · 42 U.S.C. § 297e(a)

    Pub. L. 102–408, § 208(b)(1), substituted “1996” for “1991” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–408, § 208(b)(1), substituted “1996” for “1991” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking out “1991” and inserting in lieu thereof “1996”; and

21. 1992

    Health Professions Education Extension Amendments of 1992

    Pub. L. 102–408 § 208(b)(2) · 106 Stat. 1992

    Substituted · 42 U.S.C. § 297e(b)

    Pub. L. 102–408, § 208(b)(2), substituted “1999” for “1994” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–408, § 208(b)(2), substituted “1999” for “1994” in two places.

    Enacted provision · exact public law section
    (2) in subsections (a) and (b), by striking “1994” each place such term appears and inserting “1999”.

22. 1998

    Health Professions Education Partnerships Act of 1998

    Pub. L. 105–392 § 133(e)(1)(A) · 112 Stat. 3524

    1. Added · 42 U.S.C. § 297e(a)

       Pub. L. 105–392, § 133(e)(1)(A), added introductory provisions

    2. Struck · 42 U.S.C. § 297e(a)

       Pub. L. 105–392, § 133(e)(1)(A), struck out former introductory provisions which read as follows: “After September 30, 1996, and not later than December 31, 1999, there shall be a capital distribution of the balance of the loan fund established under an agreement pursuant to section 297a of this title by each school as follows:”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–392, § 133(e)(1)(A), added introductory provisions and struck out former introductory provisions which read as follows: “After September 30, 1996, and not later than December 31, 1999, there shall be a capital distribution of the balance of the loan fund established under an agreement pursuant to section 297a of this title by each school as follows:”.

    Enacted provision · exact public law section
    (A) by striking the matter preceding paragraph (1) and inserting the following: “(a) If a school terminates a loan fund established under an agreement pursuant to section 835(b), or if the Secretary for good cause terminates the agreement with the school, there shall be a capital distribution as follows:”; and

23. 1998

    Health Professions Education Partnerships Act of 1998

    Pub. L. 105–392 § 133(e)(1)(B) · 112 Stat. 3524

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

    Pub. L. 105–392, § 133(e)(1)(B), substituted “on the date of termination of the fund” for “at the close of September 30, 1999,”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 105–392, § 133(e)(1)(B), substituted “on the date of termination of the fund” for “at the close of September 30, 1999,”.

    Enacted provision · exact public law section
    (B) in paragraph (1), by striking “at the close of September 30, 1999,” and inserting “on the date of termination of the fund”; and

24. 1998

    Health Professions Education Partnerships Act of 1998

    Pub. L. 105–392 § 133(e)(2) · 112 Stat. 3524

    Amended · 42 U.S.C. § 297e(b)

    Pub. L. 105–392, § 133(e)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “After December 31, 1999, each school with which the Secretary has made an agreement under this subpart shall pay to the Secretary, not less often than quarterly, the same proportionate share of amounts received by the school after September 30, 1999, in payment of principal or interest on loans made from the loan fund established pursuant to such agreement as was determined for the Secretary under subsection (a) of this section.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–392, § 133(e)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “After December 31, 1999, each school with which the Secretary has made an agreement under this subpart shall pay to the Secretary, not less often than quarterly, the same proportionate share of amounts received by the school after September 30, 1999, in payment of principal or interest on loans made from the loan fund established pursuant to such agreement as was determined for the Secretary under subsection (a) of this section.”

    Enacted provision · exact public law section
    (2) in subsection (b), to read as follows: “(b) If a capital distribution is made under subsection (a), the school involved shall, after such capital distribution, pay to the Secretary, not less often than quarterly, the same proportionate share of amounts received by the school in payment of principal or interest on loans made from the loan fund established under section 835(b) as determined by the Secretary under subsection (a).”.

25. 2010

    Patient Protection and Affordable Care Act

    Pub. L. 111–148 title V § 5310(b)(5) · 124 Stat. 119

    Amended · 42 U.S.C. § 297e

    Pub. L. 111–148 made technical amendment to section and subsec. (a) designations resulting in no change in text

    Source evidence

    Code amendment note
    Pub. L. 111–148 made technical amendment to section and subsec. (a) designations resulting in no change in text.

    Enacted provision · exact public law section
    (5) in section 839, 42 USC 297e. by striking “839” and all that follows through “(a)” and inserting “839. (a)”;

25 of 32 references resolved to an enrolled provision · 7 partial