
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: 42USC294o]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
               SUBCHAPTER V--HEALTH PROFESSIONS EDUCATION
 
         Part E--Health Professions and Public Health Workforce
 
    subpart 1--health professions workforce information and analysis
 
Sec. 294o. Advisory Council on Graduate Medical Education


(a) Establishment; duties

    There is established the Council on Graduate Medical Education (in 
this section referred to as the ``Council''). The Council shall--
        (1) make recommendations to the Secretary of Health and Human 
    Services (in this section referred to as the ``Secretary''), and to 
    the Committee on Labor and Human Resources of the Senate, and the 
    Committee on Energy and Commerce of the House of Representatives, 
    with respect to--
            (A) the supply and distribution of physicians in the United 
        States;
            (B) current and future shortages or excesses of physicians 
        in medical and surgical specialties and subspecialties;
            (C) issues relating to foreign medical school graduates;
            (D) appropriate Federal policies with respect to the matters 
        specified in subparagraphs (A), (B), and (C), including policies 
        concerning changes in the financing of undergraduate and 
        graduate medical education programs and changes in the types of 
        medical education training in graduate medical education 
        programs;
            (E) appropriate efforts to be carried out by hospitals, 
        schools of medicine, schools of osteopathic medicine, and 
        accrediting bodies with respect to the matters specified in 
        subparagraphs (A), (B), and (C), including efforts for changes 
        in undergraduate and graduate medical education programs; and
            (F) deficiencies in, and needs for improvements in, existing 
        data bases concerning the supply and distribution of, and 
        postgraduate training programs for, physicians in the United 
        States and steps that should be taken to eliminate those 
        deficiencies; and

        (2) encourage entities providing graduate medical education to 
    conduct activities to voluntarily achieve the recommendations of the 
    Council under paragraph (1)(E).

(b) Composition

    The Council shall be composed of--
        (1) the Assistant Secretary for Health or the designee of the 
    Assistant Secretary;
        (2) the Administrator of the Health Care Financing 
    Administration;
        (3) the Chief Medical Director of the Department of Veterans 
    Affairs;
        (4) 6 members appointed by the Secretary to include 
    representatives of practicing primary care physicians, national and 
    specialty physician organizations, foreign medical graduates, and 
    medical student and house staff associations;
        (5) 4 members appointed by the Secretary to include 
    representatives of schools of medicine and osteopathic medicine and 
    public and private teaching hospitals; and
        (6) 4 members appointed by the Secretary to include 
    representatives of health insurers, business, and labor.

(c) Terms of appointed members

                 (1) In general; staggered rotation

        Members of the Council appointed under paragraphs (4), (5), and 
    (6) of subsection (b) of this section shall be appointed for a term 
    of 4 years, except that the term of office of the members first 
    appointed shall expire, as designated by the Secretary at the time 
    of appointment, 4 at the end of 1 year, 4 at the end of 2 years, 3 
    at the end of 3 years, and 3 at the end of 4 years.

                  (2) Date certain for appointment

        The Secretary shall appoint the first members to the Council 
    under paragraphs (4), (5), and (6) of subsection (b) of this section 
    within 60 days after October 13, 1992.

(d) Chair

    The Council shall elect one of its members as Chairman of the 
Council.

(e) Quorum

    Nine members of the Council shall constitute a quorum, but a lesser 
number may hold hearings.

(f) Vacancies

    Any vacancy in the Council shall not affect its power to function.

(g) Compensation

    Each member of the Council who is not otherwise employed by the 
United States Government shall receive compensation at a rate equal to 
the daily rate prescribed for GS-18 under the General Schedule under 
section 5332 of title 5 for each day, including traveltime,\1\ such 
member is engaged in the actual performance of duties as a member of the 
Council. A member of the Council who is an officer or employee of the 
United States Government shall serve without additional compensation. 
All members of the Council shall be reimbursed for travel, subsistence, 
and other necessary expenses incurred by them in the performance of 
their duties.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``travel time,''.
---------------------------------------------------------------------------

(h) Certain authorities and duties

                           (1) Authorities

        In order to carry out the provisions of this section, the 
    Council is authorized to--
            (A) collect such information, hold such hearings, and sit 
        and act at such times and places, either as a whole or by 
        subcommittee, and request the attendance and testimony of such 
        witnesses and the production of such books, records, 
        correspondence, memoranda, papers, and documents as the Council 
        or such subcommittee may consider available; and
            (B) request the cooperation and assistance of Federal 
        departments, agencies, and instrumentalities, and such 
        departments, agencies, and instrumentalities are authorized to 
        provide such cooperation and assistance.

                   (2) Coordination of activities

        The Council shall coordinate its activities with the activities 
    of the Secretary under section 295k of this title. The Secretary 
    shall, in cooperation with the Council and pursuant to the 
    recommendations of the Council, take such steps as are practicable 
    to eliminate deficiencies in the data base established under section 
    295k of this title and shall make available in its reports such 
    comprehensive data sets as are developed pursuant to this section.

(i) Requirement regarding reports

    In the reports required under subsection (a) of this section, the 
Council shall specify its activities during the period for which the 
report is made.

(j) Final report

    Not later than April 1, 2002, the Council shall submit a final 
report under subsection (a) of this section.

(k) Termination

    The Council shall terminate September 30, 2002.

(l) Funding

    Amounts otherwise appropriated under this subchapter may be utilized 
by the Secretary to support the activities of the Council.

(July 1, 1944, ch. 373, title VII, Sec. 762, formerly Pub. L. 102-408, 
title III, Sec. 301, Oct. 13, 1992, 106 Stat. 2080, as amended Pub. L. 
102-531, title III, Sec. 313(b), Oct. 27, 1992, 106 Stat. 3507; 
renumbered Sec. 762 of act July 1, 1944, and amended Pub. L. 105-392, 
title I, Sec. 104(b), Nov. 13, 1998, 112 Stat. 3552.)

                          Codification

    Section was formerly set out as a note under section 295k of this 
title prior to renumbering by Pub. L. 105-392.


                            Prior Provisions

    A prior section 294o, act July 1, 1944, ch. 373, title VII, 
Sec. 777, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 
106 Stat. 2052, authorized grants and contracts for improvement of 
training in geriatrics, prior to the general amendment of this part by 
Pub. L. 105-392.
    Another prior section 294o, act July 1, 1944, ch. 373, title VII, 
Sec. 742, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77 Stat. 
172; amended Oct. 22, 1965, Pub. L. 89-290, Sec. 4(c), 79 Stat. 1057; 
Nov. 2, 1966, Pub. L. 89-709, Sec. 3(e), 80 Stat. 1103; Nov. 3, 1966, 
Pub. L. 89-751, Sec. 5(b), 80 Stat. 1232; Aug. 16, 1968, Pub. L. 90-490, 
title I, Sec. 121(b), 82 Stat. 778; July 9, 1971, Pub. L. 92-52, 
Sec. 1(a), 85 Stat. 144; Nov. 18, 1971, Pub. L. 92-157, title I, 
Sec. 105(a), (f)(2), 85 Stat. 449, 451; Aug. 23, 1974, Pub. L. 93-385, 
Sec. 2(a), 88 Stat. 741; Apr. 22, 1976, Pub. L. 94-278, title XI, 
Sec. 1105(a), 90 Stat. 416; Oct. 12, 1976, Pub. L. 94-484, title I, 
Sec. 101(e), title IV, Secs. 404, 406(d), 90 Stat. 2244, 2267, 2268; 
Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec. 2734, 95 Stat. 920; Oct. 
22, 1985, Pub. L. 99-129, title II, Sec. 209(g), 99 Stat. 534; Nov. 6, 
1990, Pub. L. 101-527, Sec. 5(c), 104 Stat. 2323, provided for 
authorization of appropriations for purpose of making Federal 
contributions into student loan funds, prior to the general amendment of 
this subchapter by Pub. L. 102-408. See sections 292t and 292y of this 
title.
    A prior section 762 of act July 1, 1944, was classified to section 
295a of this title prior to repeal by Pub. L. 99-129.
    Another prior section 762 of act July 1, 1944, was classified to 
section 295a of this title prior to the general amendment of part D of 
this subchapter by Pub. L. 91-696.
    A prior section 294p, act July 1, 1944, ch. 373, title VII, 
Sec. 778, as added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 
106 Stat. 2054, authorized grants and contracts to assist provision of 
health care in rural areas, prior to the general amendment of this part 
by Pub. L. 105-392.
    Another prior section 294p, act July 1, 1944, ch. 373, title VII, 
Sec. 743, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 77 Stat. 
172; amended Oct. 22, 1965, Pub. L. 89-290, Sec. 4(d), 79 Stat. 1057; 
Nov. 3, 1966, Pub. L. 89-751, Sec. 5(c)(2), (3), 80 Stat. 1233; Aug. 16, 
1968, Pub. L. 90-490, title I, Sec. 121(c), 82 Stat. 778; July 9, 1971, 
Pub. L. 92-52, Sec. 1(b), 85 Stat. 144; Nov. 18, 1971, Pub. L. 92-157, 
title I, Sec. 105(e)(2), (f)(2), 85 Stat. 451; Oct. 12, 1976, Pub. L. 
94-484, title IV, Secs. 405, 406(e), 90 Stat. 2267, 2268; Aug. 13, 1981, 
Pub. L. 97-35, title XXVII, Sec. 2736, 95 Stat. 920; Oct. 22, 1985, Pub. 
L. 99-129, title II, Sec. 209(i), 99 Stat. 536; Nov. 4, 1988, Pub. L. 
100-607, title VI, Sec. 603(d), 102 Stat. 3125, related to distribution 
of assets from loan funds, prior to the general amendment of this 
subchapter by Pub. L. 102-408. See section 292x of this title.
    Sections 294q to 294r were omitted in the general amendment of this 
subchapter by Pub. L. 102-408.
    Section 294q, act July 1, 1944, ch. 373, title VII, Sec. 744, 
formerly Sec. 745, as added Sept. 24, 1963, Pub. L. 88-129, Sec. 2(b), 
77 Stat. 173; amended Nov. 18, 1971, Pub. L. 92-157, title I, 
Sec. 105(f)(2), 85 Stat. 451; renumbered Sec. 744, Oct. 12, 1976, Pub. 
L. 94-484, title IV, Sec. 406(a)(2), 90 Stat. 2268, related to 
administrative provisions. See section 292u of this title.
    Section 294q-1, act July 1, 1944, ch. 373, title VII, Sec. 745, as 
added Oct. 22, 1985, Pub. L. 99-129, title II, Sec. 209(h)(2), 99 Stat. 
535, related to student loan information to be furnished to students. 
See section 292v of this title.
    Section 294q-2, act July 1, 1944, ch. 373, title VII, Sec. 746, as 
added Oct. 22, 1985, Pub. L. 99-129, title II, Sec. 209(h)(2), 99 Stat. 
536, related to procedures for appeal of terminations of agreements with 
schools. See section 292w of this title.
    Section 294q-3, act July 1, 1944, ch. 373, title VII, Sec. 747, 
formerly Sec. 745, as added and renumbered Sec. 747, Oct. 22, 1985, Pub. 
L. 99-129, title II, Sec. 209(a)(4), (h)(1), 99 Stat. 532, 535, defined 
``school of pharmacy''.
    Section 294r, act July 1, 1944, ch. 373, title VII, Sec. 751, as 
added Nov. 4, 1988, Pub. L. 100-607, title VI, Sec. 604, 102 Stat. 3126, 
related to establishment of a loan repayment program for allied health 
personnel.
    A prior section 294r, act July 1, 1944, ch. 373, title VII, 
Sec. 748, as added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 408(a), 
90 Stat. 2279; amended Aug. 1, 1977, Pub. L. 95-83, title III, 
Sec. 307(f), 91 Stat. 391; Dec. 19, 1977, Pub. L. 95-215, Sec. 3, 91 
Stat. 1504; Sept. 29, 1979, Pub. L. 96-76, title II, Sec. 206(a), 93 
Stat. 583, which related to traineeships for students in schools of 
public health, was renumbered section 792 of act July 1, 1944, by Pub. 
L. 97-35 and transferred to section 295h-1b of this title.
    Section 294s, act July 1, 1944, ch. 373, title VII, Sec. 749, as 
added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 408(a), 90 Stat. 
2280; amended Aug. 1, 1977, Pub. L. 95-83, title III, Sec. 307(f), 91 
Stat. 391, Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, 
93 Stat. 677, 692, which related to traineeships for students in other 
graduate programs, was renumbered section 791A of act July 1, 1944, by 
Pub. L. 97-35 and transferred to section 295h-1a of this title.
    Section 294t, act July 1, 1944, ch. 373, title VII, Sec. 751, as 
added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 408(b)(1), 90 Stat. 
2281; amended Dec. 19, 1977, Pub. L. 95-215, Sec. 5, 91 Stat. 1506; Nov. 
9, 1978, Pub. L. 95-623, Sec. 12(c), 92 Stat. 3457; Nov. 10, 1978, Pub. 
L. 95-626, title I, Sec. 113(b), 92 Stat. 3563; July 10, 1979, Pub. L. 
96-32, Sec. 7(i), 93 Stat. 84, which related to National Health Service 
Corps Scholarships Program, was renumbered section 338A of act July 1, 
1944, by Pub. L. 97-35 and transferred to section 254l of this title.
    Section 294u, act July 1, 1944, ch. 373, title VII, Sec. 752, as 
added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 408(b)(1), 90 Stat. 
2284; amended Nov. 10, 1978, Pub. L. 95-626, title I, Sec. 113(b), 92 
Stat. 3563; Sept. 29, 1979, Pub. L. 96-76, title II, Sec. 202(a), (b), 
93 Stat. 582, which related to obligated service under contract, was 
renumbered section 338B of act July 1, 1944, by Pub. L. 97-35 and 
transferred to section 254m of this title, and subsequently renumbered 
section 338C of act July 1, 1944, by Pub. L. 100-177.
    Section 294v, act July 1, 1944, ch. 373, title VII, Sec. 753, as 
added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 408(b)(1), 90 Stat. 
2285; amended Dec. 17, 1980, Pub. L. 96-538, title IV, Sec. 403, 94 
Stat. 3192, which related to private practice, was renumbered section 
338C of act July 1, 1944, by Pub. L. 97-35 and transferred to section 
254n of this title, and subsequently renumbered section 338D of act July 
1, 1944, by Pub. L. 100-177.
    Section 294w, act July 1, 1944, ch. 373, title VII, Sec. 754, as 
added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 408(b)(1), 90 Stat. 
2286; amended Aug. 1, 1977, Pub. L. 95-83, title III, Sec. 307(g), 91 
Stat. 391, which related to breach of scholarship contract, was 
renumbered section 338D of act July 1, 1944, by Pub. L. 97-35 and 
transferred to section 254o of this title, and subsequently renumbered 
section 338E of act July 1, 1944, by Pub. L. 100-177.
    Section 294x, act July 1, 1944, ch. 373, title VII, Sec. 755, as 
added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 408(b)(1), 90 Stat. 
2287, which related to special grants for former Corps member to enter 
private practice, was renumbered section 338E of act July 1, 1944, by 
Pub. L. 97-35 and transferred to section 254p of this title, and 
subsequently renumbered section 338F of act July 1, 1944, by Pub. L. 
100-177.
    Section 294y, act July 1, 1944, ch. 373, title VII, Sec. 756, as 
added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 408(b)(1), 90 Stat. 
2288, which related to authorization of appropriations, was renumbered 
section 338F of act July 1, 1944, by Pub. L. 97-35 and transferred to 
section 254q of this title, and subsequently renumbered section 338G of 
act July 1, 1944, prior to repeal by Pub. L. 100-177, title II, 
Secs. 201(2), 203, Dec. 1, 1987, 101 Stat. 992, 999.
    Section 294y-1, act July 1, 1944, ch. 373, title VII, Sec. 757, as 
added Aug. 1, 1977, Pub. L. 95-83, title III, Sec. 307(n)(1), 91 Stat. 
392; amended Dec. 17, 1980, Pub. L. 96-537, Sec. 3(d), 94 Stat. 3174, 
which related to Indian Health Scholarships, was renumbered section 338G 
of act July 1, 1944, by Pub. L. 97-35 and transferred to section 254r of 
this title, and subsequently renumbered section 338I of act July 1, 
1944, by Pub. L. 100-177, prior to repeal by Pub. L. 100-713, title I, 
Sec. 104(b)(1), Nov. 23, 1988, 102 Stat. 4787.
    Sections 294z to 294cc were omitted in the general revision of this 
subchapter by Pub. L. 102-408.
    Section 294z, act July 1, 1944, ch. 373, title VII, Sec. 758, as 
added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 408(c), 90 Stat. 
2289; amended Aug. 1, 1977, Pub. L. 95-83, title III, Sec. 307(h), 91 
Stat. 391; Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec. 2737, 95 
Stat. 920; Oct. 22, 1985, Pub. L. 99-129, title I, Sec. 102, title II, 
Sec. 210(a), 99 Stat. 523, 537; Nov. 4, 1988, Pub. L. 100-607, title VI, 
Secs. 605, 628(9), 629(b)(2), 102 Stat. 3126, 3146, related to 
scholarships for students of exceptional financial need.
    Section 294aa, act July 1, 1944, ch. 373, title VII, Sec. 759, as 
added Oct. 12, 1976, Pub. L. 94-484, title IV, Sec. 408(c), 90 Stat. 
2289; amended Nov. 16, 1990, Pub. L. 101-597, title IV, 
Sec. 401(b)[(a)], 104 Stat. 3035, established a Lister Hill scholarship 
program of grants for family practice of medicine.
    Section 294bb, act July 1, 1944, ch. 373, title VII, Sec. 760, as 
added Nov. 6, 1990, Pub. L. 101-527, Sec. 6, 104 Stat. 2323, related to 
grants and other assistance for students from disadvantaged backgrounds. 
See section 293a of this title.
    Section 294cc, act July 1, 1944, ch. 373, title VII, Sec. 761, as 
added Nov. 6, 1990, Pub. L. 101-527, Sec. 6, 104 Stat. 2325, related to 
a loan repayment program regarding service on faculties of certain 
health professions schools. See section 293b of this title.


                               Amendments

    1998--Subsec. (j). Pub. L. 105-392, Sec. 104(b)(1), substituted 
``2002'' for ``1995''.
    Subsec. (k). Pub. L. 105-392, Sec. 104(b)(2), substituted ``2002'' 
for ``1995''.
    Subsec. (l). Pub. L. 105-392, Sec. 104(b)(3), added subsec. (l).
    1992--Subsec. (a)(2). Pub. L. 102-531 substituted ``voluntarily'' 
for ``voluntary''.

                         Change of Name

    Committee on Energy and Commerce of House of Representatives treated 
as referring to Committee on Commerce of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.
    Reference to Chief Medical Director of Department of Veterans 
Affairs deemed to refer to Under Secretary for Health of Department of 
Veterans Affairs pursuant to section 302(e) of Pub. L. 102-405, set out 
as a note under section 305 of Title 38, Veterans' Benefits.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-531 effective immediately after enactment 
of Pub. L. 102-408, see section 313(c) of Pub. L. 102-531, set out as a 
note under section 292y of this title.


         References in Other Laws to GS-16, 17, or 18 Pay Rates

    References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.
