§ 297t. National Advisory Council on Nurse Education and Practice

Legislative history

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

1. 1944

   Nursing Education and Practice Improvement Act of 1998

   Pub. L. 105–392 title I § 123(5) · 112 Stat. 3524

   Enacted · 42 U.S.C. § 297t

   July 1, 1944, ch. 373, title VIII, § 851, formerly § 845, as added Pub. L. 105–392, title I, § 123(5), Nov. 13, 1998, 112 Stat. 3572

   Source evidence

   Code source credit
   July 1, 1944, ch. 373, title VIII, § 851, formerly § 845, as added Pub. L. 105–392, title I, § 123(5), Nov. 13, 1998, 112 Stat. 3572

   Enacted provision · exact public law section
   (5) by adding at the end the following: “PART F— FUNDING “SEC. 841. FUNDING. “(a) Authorization of Appropriations.— For the purpose of carrying out parts B, C, and D (subject to section 845(g)), there are authorized to be appropriated $65,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 through 2002. “(b) Allocations for Fiscal Years Through 2002.— “(1) Nurse practitioners; nurse midwives.— “(A) Fiscal year 1998.— Of the amount appropriated under subsection (a) for fiscal year 1998, the Secretary shall reserve not less than $17,564,000 for making awards of grants and contracts under section 822 as such section was in effect for fiscal year 1998. “(B) Fiscal years 1999 through 2002.— Of the amount appropriated under subsection (a) for fiscal year 1999 or any of the fiscal years 2000 through 2002, the Secretary, subject to subsection (d), shall reserve for the fiscal year involved, for making awards of grants and contracts under part B with respect to nurse practitioners and nurse midwives, not less than the percentage constituted by the ratio of the amount appropriated under section 822 as such section was in effect for fiscal year 1998 to the total of the amounts appropriated under this title for such fiscal year. For purposes of the preceding sentence, the Secretary, in determining the amount that has been reserved for the fiscal year involved, shall include any amounts appropriated under subsection (a) for the fiscal year that are obligated by the Secretary to continue in effect grants or contracts under section 822 as such section was in effect for fiscal year 1998. “(2) Nurse anesthetists.— “(A) Fiscal year 1998.— Of the amount appropriated under subsection (a) for fiscal year 1998, the Secretary shall reserve not less than $2,761,000 for making awards of grants and contracts under section 831 as such section was in effect for fiscal year 1998. “(B) Fiscal years 1999 through 2002.— Of the amount appropriated under subsection (a) for fiscal year 1999 or any of the fiscal years 2000 through 2002, the Secretary, subject to subsection (d), shall reserve for the fiscal year involved, for making awards of grants and contracts under part B with respect to nurse anesthetists, not less than the percentage constituted by the ratio of the amount appropriated under section 831 as such section was in effect for fiscal year 1998 to the total of the amounts appropriated under this title for such fiscal year. For purposes of the preceding sentence, the Secretary, in determining the amount that has been reserved for the fiscal year involved, shall include any amounts appropriated under subsection (a) for the fiscal year that are obligated by the Secretary to continue in effect grants or contracts under section 831 as such section was in effect for fiscal year 1998. “(c) Allocations After Fiscal Year 2002.— “(1) In general.— For fiscal year 2003 and subsequent fiscal years, amounts appropriated under subsection (a) for the fiscal year involved shall be allocated by the Secretary among parts B, C, and D (and programs within such parts) according to a methodology that is developed in accordance with paragraph (2). The Secretary shall enter into a contract with a public or private entity for the purpose of developing the methodology. The contract shall require that the development of the methodology be completed not later than February 1, 2002. “(2) Use of certain factors.— The contract under paragraph (1) shall provide that the methodology under such paragraph will be developed in accordance with the following: “(A) The methodology will take into account the need for and the distribution of health services among medically underserved populations, as determined according to the factors that apply under section 330(b)(3). “(B) The methodology will take into account the need for and the distribution of health services in health professional shortage areas, as determined according to the factors that apply under section 332(b). “(C) The methodology will take into account the need for and the distribution of mental health services among medically underserved populations and in health professional shortage areas. “(D) The methodology will be developed in consultation with individuals in the field of nursing, including registered nurses, nurse practitioners, nurse midwives, nurse anesthetists, clinical nurse specialists, nursing educators and educational institutions, nurse executives, pediatric nurse associates and practitioners, and women’s health, obstetric, and neonatal nurses. “(E) The methodology will take into account the following factors with respect to the States: (i) A provider population ratio equivalent to a managed care formula of 1/1,500 for primary care services. (ii) The use of whole rather than fractional counts in determining the number of health care providers. (iii) The counting of only employed health care providers in determining the number of health care providers. (iv) The number of families whose income is less than 200 percent of the official poverty line (as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981). (v) The rate of infant mortality and the rate of low-birthweight births. (vi) The percentage of the general population constituted by individuals who are members of racial or ethnic minority groups, stated both by minority group and in the aggregate. (vii) The percentage of the general population constituted by individuals who are of Hispanic ethnicity. (viii) The number of individuals residing in health professional shortage areas, and the number of individuals who are members of medically underserved populations. (ix) The percentage of the general population constituted by elderly individuals. (x) The extent to which the populations served have a choice of providers. (xi) The impact of care on hospitalizations and emergency room use. (xii) The number of individuals who lack proficiency in speaking the English language. (xiii) Such additional factors as the Secretary determines to be appropriate. “(3) Report to congress.— Not later than 30 days after Deadline. the completion of the development of the methodology required in paragraph (1), the Secretary shall submit to the Committee on Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the methodology and explaining the effects of the methodology on the allocation among parts B, C, and D (and programs within such parts) of amounts appropriated under subsection (a) for the first fiscal year for which the methodology will be in effect. Such explanation shall include a comparison of the allocation for such fiscal year with the allocation made under this section for the preceding fiscal year. “(d) Use of Methodology Before Fiscal Year 2003.— With Deadline. respect to the fiscal years 1999 through 2002, if the report required in subsection (c)(3) is submitted in accordance with such subsection not later than 90 days before the beginning of such a fiscal year, the Secretary may for such year implement the methodology described in the report (rather than implementing the methodology in fiscal year 2003), in which case subsection (b) ceases to be in effect. The authority under the preceding sentence is subject to the condition that the fiscal year for which the methodology is implemented be the same fiscal year identified in such report as the fiscal year for which the methodology will first be in effect. “(e) Authority for Use of Additional Factors in Methodology.— “(1) In general.— The Secretary shall make the determinations specified in paragraph (2). For any fiscal year beginning after the first fiscal year for which the methodology under subsection (c)(1) is in effect, the Secretary may alter the methodology by including the information from such determinations as factors in the methodology. “(2) Relevant determinations.— The determinations referred to in paragraph (1) are as follows: “(A) The need for and the distribution of health services among populations for which it is difficult to determine the number of individuals who are in the population, such as homeless individuals; migratory and seasonal agricultural workers and their families; individuals infected with the human immunodeficiency virus, and individuals who abuse drugs. “(B) In the case of a population for which the determinations under subparagraph (A) are made, the extent to which the population includes individuals who are members of racial or ethnic minority groups and a specification of the skills needed to provide health services to such individuals in the language and the educational and cultural context that is most appropriate to the individuals. “(C) Data, obtained from the Director of the Centers for Disease Control and Prevention, on rates of morbidity and mortality among various populations (including data on the rates of maternal and infant mortality and data on the rates of low-birthweight births of living infants). “(D) Data from the Health Plan Employer Data and Information Set, as appropriate. “PART G— NATIONAL ADVISORY COUNCIL ON NURSE EDUCATION AND PRACTICE “SEC. 845. 42 USC 297t. NATIONAL ADVISORY COUNCIL ON NURSE EDUCATION AND PRACTICE. “(a) Establishment.— The Secretary shall establish an advisory council to be known as the National Advisory Council on Nurse Education and Practice (in this section referred to as the ‘Advisory Council’). “(b) Composition.— “(1) In general.— The Advisory Council shall be composed of— “(A) not less than 21, nor more than 23 individuals, who are not officers or employees of the Federal Government, appointed by the Secretary without regard to the Federal civil service laws, of which— (i) 2 shall be selected from full-time students enrolled in schools of nursing; (ii) 2 shall be selected from the general public; (iii) 2 shall be selected from practicing professional nurses; and (iv) 9 shall be selected from among the leading authorities in the various fields of nursing, higher, secondary education, and associate degree schools of nursing, and from representatives of advanced education nursing groups (such as nurse practitioners, nurse midwives, and nurse anesthetists), hospitals, and other institutions and organizations which provide nursing services; and “(B) the Secretary (or the delegate of the Secretary (who shall be an ex officio member and shall serve as the Chairperson)). “(2) Appointment.— Not later than 90 days after the date Deadline. of enactment of this Act, the Secretary shall appoint the members of the Advisory Council and each such member shall serve a 4 year term. In making such appointments, the Secretary shall ensure a fair balance between the nursing professions, a broad geographic representation of members and a balance between urban and rural members. Members shall be appointed based on their competence, interest, and knowledge of the mission of the profession involved. A majority of the members shall be nurses. “(3) Minority representation.— In appointing the members of the Advisory Council under paragraph (1), the Secretary shall ensure the adequate representation of minorities. “(c) Vacancies.— “(1) In general.— A vacancy on the Advisory Council shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. “(2) Filling unexpired term.— An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. “(d) Duties.— The Advisory Council shall— “(1) provide advice and recommendations to the Secretary and Congress concerning policy matters arising in the administration of this title, including the range of issues relating to the nurse workforce, education, and practice improvement; “(2) provide advice to the Secretary and Congress in the preparation of general regulations and with respect to policy matters arising in the administration of this title, including the range of issues relating to nurse supply, education and practice improvement; and “(3) not later than 3 years after the date of enactment Deadline. Reports. of this section, and annually thereafter, prepare and submit to the Secretary, the Committee on Labor and Human Resources of the Senate, and the Committee on Commerce of the House of Representatives, a report describing the activities of the Council, including findings and recommendations made by the Council concerning the activities under this title. “(e) Meetings and Documents.— “(1) Meetings.— The Advisory Council shall meet not less than 2 times each year. Such meetings shall be held jointly with other related entities established under this title where appropriate. “(2) Documents.— Not later than 14 days prior to the Deadlines. convening of a meeting under paragraph (1), the Advisory Council shall prepare and make available an agenda of the matters to be considered by the Advisory Council at such meeting. At any such meeting, the Advisory Council shall distribute materials with respect to the issues to be addressed at the meeting. Not later than 30 days after the adjourning of such a meeting, the Advisory Council shall prepare and make available a summary of the meeting and any actions taken by the Council based upon the meeting. “(f) Compensation and Expenses.— “(1) Compensation.— Each member of the Advisory Council shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Council. All members of the Council who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. “(2) Expenses.— The members of the Advisory Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. “(g) Funding.— Amounts appropriated under this title may be utilized by the Secretary to support the nurse education and practice activities of the Council. “(h) FACA.— The Federal Advisory Committee Act shall apply to the Advisory Committee under this section only to the extent that the provisions of such Act do not conflict with the requirements of this section.”; and

2. 2020

   Coronavirus Aid, Relief, and Economic Security Act

   Pub. L. 116–136 § 3404(a)(11)(A) · 134 Stat. 281

   Substituted · 42 U.S.C. § 297t(b)(1)(A)(iv)

   Pub. L. 116–136, § 3404(a)(11)(A), substituted “nurse anesthetists, and clinical nurse specialists” for “and nurse anesthetists”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A)(iv). Pub. L. 116–136, § 3404(a)(11)(A), substituted “nurse anesthetists, and clinical nurse specialists” for “and nurse anesthetists”.

   Enacted provision · exact public law section
   (A) in subsection (b)(1)(A)(iv), by striking “and nurse anesthetists” and inserting “nurse anesthetists, and clinical nurse specialists”;

   Effective date note
   Amendment by Pub. L. 116–260 effective as if included in the enactment of Pub. L. 116–136, see section 331(d) of div. BB of Pub. L. 116–260, set out as a note under section 294c of this title.

3. 2020

   Coronavirus Aid, Relief, and Economic Security Act

   Pub. L. 116–136 § 3404(a)(11)(B) · 134 Stat. 281

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

      Pub. L. 116–136, § 3404(a)(11)(B), substituted “2 years after the date of enactment of the Title VIII Nursing Reauthorization Act” for “3 years after November 13, 1998”

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

      Pub. L. 116–136, § 3404(a)(11)(B), substituted “Health, Education, Labor, and Pensions” for “Labor and Human Resources”

   3. Inserted · 42 U.S.C. § 297t(d)(3)

      Pub. L. 116–136, § 3404(a)(11)(B), inserted “Energy and” before “Commerce”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 116–136, § 3404(a)(11)(B), substituted “2 years after the date of enactment of the Title VIII Nursing Reauthorization Act” for “3 years after November 13, 1998” and “Health, Education, Labor, and Pensions” for “Labor and Human Resources” and inserted “Energy and” before “Commerce”.

   Enacted provision · exact public law section
   (B) in subsection (d)(3)— (i) by striking “3 years after the date of enactment of this section” and inserting “2 years after the date of enactment of the Title VIII Nursing Reauthorization Act”; (ii) by striking “Labor and Human Resources” and inserting “Health, Education, Labor, and Pensions”; and (iii) by inserting “Energy and” before “Commerce”; and

   Effective date note
   Amendment by Pub. L. 116–260 effective as if included in the enactment of Pub. L. 116–136, see section 331(d) of div. BB of Pub. L. 116–260, set out as a note under section 294c of this title.

4. 2020

   Coronavirus Aid, Relief, and Economic Security Act

   Pub. L. 116–136 § 3404(a)(11)(C) · 134 Stat. 281

   Substituted · 42 U.S.C. § 297t(g)

   Pub. L. 116–136, § 3404(a)(11)(C), substituted “for carrying out parts B, C, and D” for “under this subchapter”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 116–136, § 3404(a)(11)(C), substituted “for carrying out parts B, C, and D” for “under this subchapter”.

   Enacted provision · exact public law section
   (C) in subsection (g), by striking “under this title” and inserting “for carrying out parts B, C, and D”;

   Effective date note
   Amendment by Pub. L. 116–260 effective as if included in the enactment of Pub. L. 116–136, see section 331(d) of div. BB of Pub. L. 116–260, set out as a note under section 294c of this title.

5. 2020

   Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act

   Pub. L. 116–260 div. BB title III § 331(b) · 134 Stat. 1182

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

   Pub. L. 116–260 substituted “Coronavirus Aid, Relief, and Economic Security Act” for “Title VIII Nursing Reauthorization Act” in the original, and accordingly, “the date of enactment of the Coronavirus Aid, Relief, and Economic Security Act” was translated to “March 27, 2020”. The Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116–136, was approved Mar. 27, 2020

   Source evidence

   Code amendment note
   Subsec. (d)(3). Pub. L. 116–260 substituted “Coronavirus Aid, Relief, and Economic Security Act” for “Title VIII Nursing Reauthorization Act” in the original, and accordingly, “the date of enactment of the Coronavirus Aid, Relief, and Economic Security Act” was translated to “March 27, 2020”. The Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116–136, was approved Mar. 27, 2020.

   Enacted provision · exact public law section
   (b) Entitlement to Full Amount.— (1) In general.— Subject to paragraph (2), a covered entity, after submitting a request to the Administrator that the Administrator verifies under subsection (c), shall receive a total of $10,000 under section 1110(e) of the CARES Act (15 U.S.C. 9009(e)), without regard to whether— (A) the applicable loan for which the covered entity applies or applied under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) is or was approved; (B) the covered entity accepts or accepted the offer of the Administrator with respect to an approved loan described in subparagraph (A); or (C) the covered entity has previously received a loan under section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)). (2) Effect of previously received amounts.— (A) In general.— With respect to a covered entity that received an emergency grant under section 1110(e) of the CARES Act (15 U.S.C. 9009(e)) before the date of enactment of this Act, the amount of the payment that the covered entity shall receive under this subsection (after satisfaction of the procedures required under subparagraph (B)) shall be the difference between $10,000 and the amount of that previously received grant. (B) Procedures.— If the Administrator receives a request under paragraph (1) from a covered entity described in subparagraph (A) of this paragraph, the Administrator shall, not later than 21 days after the date on which the Administrator receives the request— (i) perform the verification required under subsection (c); (ii) if the Administrator, under subsection (c), verifies that the entity is a covered entity, provide to the covered entity a payment in the amount described in subparagraph (A); and (iii) with respect to a covered entity that the Administrator determines is not entitled to a payment under this section, provide the covered entity with a notification explaining why the Administrator reached that determination. (C) Rule of construction.— Nothing in this paragraph may be construed to require any entity that received an emergency grant under section 1110(e) of the CARES Act (15 U.S.C. 9009(e)) before the date of enactment of this Act to repay any amount of that grant.

   Effective date note
   Amendment by Pub. L. 116–260 effective as if included in the enactment of Pub. L. 116–136, see section 331(d) of div. BB of Pub. L. 116–260, set out as a note under section 294c of this title.

6. 2022

   Pub. L. 117–286 § 4(a)(240) · 136 Stat. 4196

   1. Substituted · 42 U.S.C. § 297t(h)

      Pub. L. 117–286 substituted “Chapter 10 of title 5” for “FACA” in text

   2. Substituted · 42 U.S.C. § 297t(h)

      Pub. L. 117–286 substituted “Chapter 10 of title 5 shall apply to the Advisory Committee under this section only to the extent that the provisions of chapter 10 of title 5” for “The Federal Advisory Committee Act shall apply to the Advisory Committee under this section only to the extent that the provisions of such Act” in text

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “FACA” in heading and “Chapter 10 of title 5 shall apply to the Advisory Committee under this section only to the extent that the provisions of chapter 10 of title 5” for “The Federal Advisory Committee Act shall apply to the Advisory Committee under this section only to the extent that the provisions of such Act” in text.

   Enacted provision · exact public law section
   (240) Section 851(h) of the Public Health Service Act (42 U.S.C. 297t(h)) is amended— (A) in the subsection heading, by striking “FACA” and inserting “Chapter 10 of Title 5, United States Code”; and (B) in text, by striking “The Federal Advisory Committee Act shall apply to the Advisory Committee under this section only to the extent that the provisions of such Act” and inserting “Chapter 10 of title 5, United States Code, shall apply to the Advisory Committee under this section only to the extent that the provisions of chapter 10 of title 5, United States Code,”.

9 of 9 references resolved to an enrolled provision