
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC293]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
               SUBCHAPTER V--HEALTH PROFESSIONS EDUCATION
 
            Part B--Health Professions Training for Diversity
 
Sec. 293. Centers of excellence


(a) In general

    The Secretary shall make grants to, and enter into contracts with, 
designated health professions schools described in subsection (c) of 
this section, and other public and nonprofit health or educational 
entities, for the purpose of assisting the schools in supporting 
programs of excellence in health professions education for under-
represented minority individuals.

(b) Required use of funds

    The Secretary may not make a grant under subsection (a) of this 
section unless the designated health professions school involved agrees, 
subject to subsection (c)(1)(C) of this section, to expend the grant--
        (1) to develop a large competitive applicant pool through 
    linkages with institutions of higher education, local school 
    districts, and other community-based entities and establish an 
    education pipeline for health professions careers;
        (2) to establish, strengthen, or expand programs to enhance the 
    academic performance of under-represented minority students 
    attending the school;
        (3) to improve the capacity of such school to train, recruit, 
    and retain under-represented minority faculty including the payment 
    of such stipends and fellowships as the Secretary may determine 
    appropriate;
        (4) to carry out activities to improve the information 
    resources, clinical education, curricula and cultural competence of 
    the graduates of the school, as it relates to minority health 
    issues;
        (5) to facilitate faculty and student research on health issues 
    particularly affecting under-represented minority groups, including 
    research on issues relating to the delivery of health care;
        (6) to carry out a program to train students of the school in 
    providing health services to a significant number of under-
    represented minority individuals through training provided to such 
    students at community-based health facilities that--
            (A) provide such health services; and
            (B) are located at a site remote from the main site of the 
        teaching facilities of the school; and

        (7) to provide stipends as the Secretary determines appropriate, 
    in amounts as the Secretary determines appropriate.

(c) Centers of excellence

                       (1) Designated schools

        (A) In general

            The designated health professions schools referred to in 
        subsection (a) of this section are such schools that meet each 
        of the conditions specified in subparagraphs (B) and (C), and 
        that--
                (i) meet each of the conditions specified in paragraph 
            (2)(A);
                (ii) meet each of the conditions specified in paragraph 
            (3);
                (iii) meet each of the conditions specified in paragraph 
            (4); or
                (iv) meet each of the conditions specified in paragraph 
            (5).

        (B) General conditions

            The conditions specified in this subparagraph are that a 
        designated health professions school--
                (i) has a significant number of under-represented 
            minority individuals enrolled in the school, including 
            individuals accepted for enrollment in the school;
                (ii) has been effective in assisting under-represented 
            minority students of the school to complete the program of 
            education and receive the degree involved;
                (iii) has been effective in recruiting under-represented 
            minority individuals to enroll in and graduate from the 
            school, including providing scholarships and other financial 
            assistance to such individuals and encouraging under-
            represented minority students from all levels of the 
            educational pipeline to pursue health professions careers; 
            and
                (iv) has made significant recruitment efforts to 
            increase the number of under-represented minority 
            individuals serving in faculty or administrative positions 
            at the school.

        (C) Consortium

            The condition specified in this subparagraph is that, in 
        accordance with subsection (e)(1) of this section, the 
        designated health profession school involved has with other 
        health profession schools (designated or otherwise) formed a 
        consortium to carry out the purposes described in subsection (b) 
        of this section at the schools of the consortium.

        (D) Application of criteria to other programs

            In the case of any criteria established by the Secretary for 
        purposes of determining whether schools meet the conditions 
        described in subparagraph (B), this section may not, with 
        respect to racial and ethnic minorities, be construed to 
        authorize, require, or prohibit the use of such criteria in any 
        program other than the program established in this section.

      (2) Centers of excellence at certain historically black 
                          colleges and universities

        (A) Conditions

            The conditions specified in this subparagraph are that a 
        designated health professions school--
                (i) is a school described in section 295p(1) of this 
            title; and
                (ii) received a contract under section 295g-8b of this 
            title for fiscal year 1987, as such section was in effect 
            for such fiscal year.

        (B) Use of grant

            In addition to the purposes described in subsection (b) of 
        this section, a grant under subsection (a) of this section to a 
        designated health professions school meeting the conditions 
        described in subparagraph (A) may be expended--
                (i) to develop a plan to achieve institutional 
            improvements, including financial independence, to enable 
            the school to support programs of excellence in health 
            professions education for under-represented minority 
            individuals; and
                (ii) to provide improved access to the library and 
            informational resources of the school.

        (C) Exception

            The requirements of paragraph (1)(C) shall not apply to a 
        historically black college or university that receives funding 
        under paragraphs \1\ (2) or (5).
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``paragraph''.
---------------------------------------------------------------------------

                 (3) Hispanic centers of excellence

        The conditions specified in this paragraph are that--
            (A) with respect to Hispanic individuals, each of clauses 
        (i) through (iv) of paragraph (1)(B) applies to the designated 
        health professions school involved;
            (B) the school agrees, as a condition of receiving a grant 
        under subsection (a) of this section, that the school will, in 
        carrying out the duties described in subsection (b) of this 
        section, give priority to carrying out the duties with respect 
        to Hispanic individuals; and
            (C) the school agrees, as a condition of receiving a grant 
        under subsection (a) of this section, that--
                (i) the school will establish an arrangement with 1 or 
            more public or nonprofit community based Hispanic serving 
            organizations, or public or nonprofit private institutions 
            of higher education, including schools of nursing, whose 
            enrollment of students has traditionally included a 
            significant number of Hispanic individuals, the purposes of 
            which will be to carry out a program--
                    (I) to identify Hispanic students who are interested 
                in a career in the health profession involved; and
                    (II) to facilitate the educational preparation of 
                such students to enter the health professions school; 
                and

                (ii) the school will make efforts to recruit Hispanic 
            students, including students who have participated in the 
            undergraduate or other matriculation program carried out 
            under arrangements established by the school pursuant to 
            clause (i)(II) and will assist Hispanic students regarding 
            the completion of the educational requirements for a degree 
            from the school.

              (4) Native American centers of excellence

        Subject to subsection (e) of this section, the conditions 
    specified in this paragraph are that--
            (A) with respect to Native Americans, each of clauses (i) 
        through (iv) of paragraph (1)(B) applies to the designated 
        health professions school involved;
            (B) the school agrees, as a condition of receiving a grant 
        under subsection (a) of this section, that the school will, in 
        carrying out the duties described in subsection (b) of this 
        section, give priority to carrying out the duties with respect 
        to Native Americans; and
            (C) the school agrees, as a condition of receiving a grant 
        under subsection (a) of this section, that--
                (i) the school will establish an arrangement with 1 or 
            more public or nonprofit private institutions of higher 
            education, including schools of nursing, whose enrollment of 
            students has traditionally included a significant number of 
            Native Americans, the purpose of which arrangement will be 
            to carry out a program--
                    (I) to identify Native American students, from the 
                institutions of higher education referred to in clause 
                (i), who are interested in health professions careers; 
                and
                    (II) to facilitate the educational preparation of 
                such students to enter the designated health professions 
                school; and

                (ii) the designated health professions school will make 
            efforts to recruit Native American students, including 
            students who have participated in the undergraduate program 
            carried out under arrangements established by the school 
            pursuant to clause (i) and will assist Native American 
            students regarding the completion of the educational 
            requirements for a degree from the designated health 
            professions school.

                   (5) Other centers of excellence

        The conditions specified in this paragraph are--
            (A) with respect to other centers of excellence, the 
        conditions described in clauses (i) through (iv) of paragraph 
        (1)(B); and
            (B) that the health professions school involved has an 
        enrollment of under-represented minorities above the national 
        average for such enrollments of health professions schools.

(d) Designation as center of excellence

                           (1) In general

        Any designated health professions school receiving a grant under 
    subsection (a) of this section and meeting the conditions described 
    in paragraph (2) or (5) of subsection (c) of this section shall, for 
    purposes of this section, be designated by the Secretary as a Center 
    of Excellence in Under-Represented Minority Health Professions 
    Education.

                 (2) Hispanic centers of excellence

        Any designated health professions school receiving a grant under 
    subsection (a) of this section and meeting the conditions described 
    in subsection (c)(3) of this section shall, for purposes of this 
    section, be designated by the Secretary as a Hispanic Center of 
    Excellence in Health Professions Education.

              (3) Native American centers of excellence

        Any designated health professions school receiving a grant under 
    subsection (a) of this section and meeting the conditions described 
    in subsection (c)(4) of this section shall, for purposes of this 
    section, be designated by the Secretary as a Native American Center 
    of Excellence in Health Professions Education. Any consortium 
    receiving such a grant pursuant to subsection (e) of this section 
    shall, for purposes of this section, be so designated.

(e) Authority regarding Native American centers of excellence

    With respect to meeting the conditions specified in subsection 
(c)(4) of this section, the Secretary may make a grant under subsection 
(a) of this section to a designated health professions school that does 
not meet such conditions if--
        (1) the school has formed a consortium in accordance with 
    subsection (d)(1) of this section; and
        (2) the schools of the consortium collectively meet such 
    conditions, without regard to whether the schools individually meet 
    such conditions.

(f) Duration of grant

    The period during which payments are made under a grant under 
subsection (a) of this section may not exceed 5 years. Such payments 
shall be subject to annual approval by the Secretary and to the 
availability of appropriations for the fiscal year involved to make the 
payments.

(g) Definitions

    In this section:

              (1) Designated health professions school

        (A) In general

            The term ``health professions school'' means, except as 
        provided in subparagraph (B), a school of medicine, a school of 
        osteopathic medicine, a school of dentistry, a school of 
        pharmacy, or a graduate program in behavioral or mental health.

        (B) Exception

            The definition established in subparagraph (A) shall not 
        apply to the use of the term ``designated health professions 
        school'' for purposes of subsection (c)(2) of this section.

                      (2) Program of excellence

        The term ``program of excellence'' means any program carried out 
    by a designated health professions school with a grant made under 
    subsection (a) of this section, if the program is for purposes for 
    which the school involved is authorized in subsection (b) or (c) of 
    this section to expend the grant.

                        (3) Native Americans

        The term ``Native Americans'' means American Indians, Alaskan 
    Natives, Aleuts, and Native Hawaiians.

(h) Funding

                 (1) Authorization of appropriations

        For the purpose of making grants under subsection (a) of this 
    section, there are authorized to be appropriated $26,000,000 for 
    fiscal year 1998, and such sums as may be necessary for each of the 
    fiscal years 1999 through 2002.

                           (2) Allocations

        Based on the amount appropriated under paragraph (1) for a 
    fiscal year, one of the following subparagraphs shall apply:

        (A) In general

            If the amounts appropriated under paragraph (1) for a fiscal 
        year are $24,000,000 or less--
                (i) the Secretary shall make available $12,000,000 for 
            grants under subsection (a) of this section to health 
            professions schools that meet the conditions described in 
            subsection (c)(2)(A) of this section; and
                (ii) and available after grants are made with funds 
            under clause (i), the Secretary shall make available--
                    (I) 60 percent of such amount for grants under 
                subsection (a) of this section to health professions 
                schools that meet the conditions described in paragraph 
                (3) or (4) of subsection (c) of this section (including 
                meeting the conditions under subsection (e) of this 
                section); and
                    (II) 40 percent of such amount for grants under 
                subsection (a) of this section to health professions 
                schools that meet the conditions described in subsection 
                (c)(5) of this section.

        (B) Funding in excess of $24,000,000

            If amounts appropriated under paragraph (1) for a fiscal 
        year exceed $24,000,000 but are less than $30,000,000--
                (i) 80 percent of such excess amounts shall be made 
            available for grants under subsection (a) of this section to 
            health professions schools that meet the requirements 
            described in paragraph (3) or (4) of subsection (c) of this 
            section (including meeting conditions pursuant to subsection 
            (e) of this section); and
                (ii) 20 percent of such excess amount shall be made 
            available for grants under subsection (a) of this section to 
            health professions schools that meet the conditions 
            described in subsection (c)(5) of this section.

        (C) Funding in excess of $30,000,000

            If amounts appropriated under paragraph (1) for a fiscal 
        year are $30,000,000 or more, the Secretary shall make 
        available--
                (i) not less than $12,000,000 for grants under 
            subsection (a) of this section to health professions schools 
            that meet the conditions described in subsection (c)(2)(A) 
            of this section;
                (ii) not less than $12,000,000 for grants under 
            subsection (a) of this section to health professions schools 
            that meet the conditions described in paragraph (3) or (4) 
            of subsection (c) of this section (including meeting 
            conditions pursuant to subsection (e) of this section);
                (iii) not less than $6,000,000 for grants under 
            subsection (a) of this section to health professions schools 
            that meet the conditions described in subsection (c)(5) of 
            this section; and
                (iv) after grants are made with funds under clauses (i) 
            through (iii), any remaining funds for grants under 
            subsection (a) of this section to health professions schools 
            that meet the conditions described in paragraph (2)(A), (3), 
            (4), or (5) of subsection (c) of this section.

                          (3) No limitation

        Nothing in this subsection shall be construed as limiting the 
    centers of excellence referred to in this section to the designated 
    amount, or to preclude such entities from competing for other grants 
    under this section.

                      (4) Maintenance of effort

        (A) In general

            With respect to activities for which a grant made under this 
        part are authorized to be expended, the Secretary may not make 
        such a grant to a center of excellence for any fiscal year 
        unless the center agrees to maintain expenditures of non-Federal 
        amounts for such activities at a level that is not less than the 
        level of such expenditures maintained by the center for the 
        fiscal year preceding the fiscal year for which the school 
        receives such a grant.

        (B) Use of Federal funds

            With respect to any Federal amounts received by a center of 
        excellence and available for carrying out activities for which a 
        grant under this part is authorized to be expended, the 
        Secretary may not make such a grant to the center for any fiscal 
        year unless the center agrees that the center will, before 
        expending the grant, expend the Federal amounts obtained from 
        sources other than the grant.

(July 1, 1944, ch. 373, title VII, Sec. 736, as added Pub. L. 105-392, 
title I, Sec. 101(a), Nov. 13, 1998, 112 Stat. 3525.)

                       References in Text

    Section 295g-8b of this title, referred to in subsec. (c)(2)(A)(ii), 
was omitted in the general amendment of this subchapter by Pub. L. 102-
408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 1994.


                            Prior Provisions

    A prior section 293, act July 1, 1944, ch. 373, title VII, Sec. 736, 
as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 
2022, authorized grants to schools of medicine, osteopathic medicine, 
and dentistry for need-based scholarships, prior to the general 
amendment of this part by Pub. L. 105-392.
    Another prior section 293, act July 1, 1944, ch. 373, title VII, 
Sec. 720, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77 Stat. 
164; amended Sept. 4, 1964, Pub. L. 88-581, Sec. 3(a), 78 Stat. 919; 
Oct. 22, 1965, Pub. L. 89-290, Sec. 3(a), 79 Stat. 1056; Nov. 2, 1966, 
Pub. L. 89-709, Sec. 2(a), 80 Stat. 1103; Aug. 16, 1968, Pub. L. 90-490, 
title I, Sec. 101(a), (b)(1), 82 Stat. 773; Nov. 18, 1971, Pub. L. 92-
157, title I, Sec. 102(a), 85 Stat. 431; Oct. 12, 1976, Pub. L. 94-484, 
title I, Sec. 101(c), title III, Sec. 302, 90 Stat. 2244, 2253; Aug. 13, 
1981, Pub. L. 97-35, title XXVII, Sec. 2723(a), (b), 95 Stat. 915, 
authorized grants for construction of teaching facilities for medical, 
dental, and other health personnel, prior to the general revision of 
this subchapter by Pub. L. 102-408.
    A prior section 736 of act July 1, 1944, was classified to section 
294i of this title prior to the general revision of this subchapter by 
Pub. L. 102-408.


                            Savings Provision

    Pub. L. 105-392, title I, Sec. 110, Nov. 13, 1998, 112 Stat. 3562, 
provided that: ``In the case of any authority for making awards of 
grants or contracts that is terminated by the amendments made by this 
subtitle [subtitle A (Secs. 101-110) of title I of Pub. L. 105-392, see 
Tables for classification], the Secretary of Health and Human Services 
may, notwithstanding the termination of the authority, continue in 
effect any grant or contract made under the authority that is in effect 
on the day before the date of the enactment of this Act [Nov. 13, 1998], 
subject to the duration of any such grant or contract not exceeding the 
period determined by the Secretary in first approving such financial 
assistance, or in approving the most recent request made (before the 
date of such enactment) for continuation of such assistance, as the case 
may be.''

                  Section Referred to in Other Sections

    This section is referred to in section 293a of this title.
