
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: 42USC296]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
              SUBCHAPTER VI--NURSING WORKFORCE DEVELOPMENT
 
                       Part A--General Provisions
 
Sec. 296. Definitions

    As used in this subchapter:

                        (1) Eligible entities

        The term ``eligible entities'' means schools of nursing, nursing 
    centers, academic health centers, State or local governments, and 
    other public or private nonprofit entities determined appropriate by 
    the Secretary that submit to the Secretary an application in 
    accordance with section 296a of this title.

                        (2) School of nursing

        The term ``school of nursing'' means a collegiate, associate 
    degree, or diploma school of nursing in a State.

                  (3) Collegiate school of nursing

        The term ``collegiate school of nursing'' means a department, 
    division, or other administrative unit in a college or university 
    which provides primarily or exclusively a program of education in 
    professional nursing and related 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, or to an 
    equivalent degree, and including advanced training related to such 
    program of education provided by such school, but only if such 
    program, or such unit, college or university is accredited.

               (4) Associate degree school of nursing

        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 a two-year program of education in 
    professional nursing and allied subjects leading to an associate 
    degree in nursing or to an equivalent degree, but only if such 
    program, or such unit, college, or university is accredited.

                    (5) Diploma school of nursing

        The term ``diploma school of nursing'' means a school affiliated 
    with a hospital or university, or an independent school, which 
    provides primarily or exclusively a program of education in 
    professional nursing and allied subjects leading to a diploma or to 
    equivalent indicia that such program has been satisfactorily 
    completed, but only if such program, or such affiliated school or 
    such hospital or university or such independent school is 
    accredited.

                           (6) Accredited

        (A) In general

            Except as provided in subparagraph (B), the term 
        ``accredited'' when applied to any program of nurse education 
        means a program accredited by a recognized body or bodies, or by 
        a State agency, approved for such purpose by the Secretary of 
        Education and when applied to a hospital, school, college, or 
        university (or a unit thereof) means a hospital, school, 
        college, or university (or a unit thereof) which is accredited 
        by a recognized body or bodies, or by a State agency, approved 
        for such purpose by the Secretary of Education. For the purpose 
        of this paragraph, the Secretary of Education shall publish a 
        list of recognized accrediting bodies, and of State agencies, 
        which the Secretary of Education determines to be reliable 
        authority as to the quality of education offered.

        (B) New programs

            A new program of nursing that, by reason of an insufficient 
        period of operation, is not, at the time of the submission of an 
        application for a grant or contract under this subchapter, 
        eligible for accreditation by such a recognized body or bodies 
        or State agency, shall be deemed accredited for purposes of this 
        subchapter if the Secretary 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 prior to the 
        beginning of the academic year following the normal graduation 
        date of students of the first entering class in such a program.

                            (7) Nonprofit

        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.

                              (8) State

        The term ``State'' means a State, the Commonwealth of Puerto 
    Rico, the District of Columbia, the Commonwealth of the Northern 
    Mariana Islands, Guam, American Samoa, the Virgin Islands, or the 
    Trust Territory of the Pacific Islands.

(July 1, 1944, ch. 373, title VIII, Sec. 801, as added Pub. L. 105-392, 
title I, Sec. 123(4), Nov. 13, 1998, 112 Stat. 3562.)


                            Prior Provisions

    A prior section 296, act July 1, 1944, ch. 373, title VIII, Sec. 801 
as added Sept. 4, 1964, Pub. L. 88-581, Sec. 2, 78 Stat. 908; amended 
Nov. 3, 1966, Pub. L. 89-751, Sec. 8(a), 80 Stat. 1236; Aug. 16, 1968, 
Pub. L. 90-490, title II, Sec. 201(a), 82 Stat. 780; Nov. 18, 1971, Pub. 
L. 92-158, Sec. 2(a), 85 Stat. 465; July 29, 1975, Pub. L. 94-63, title 
IX, Secs. 902(a), 910(a)(1), 89 Stat. 354, 355; Sept. 29, 1979, Pub. L. 
96-76, title I, Sec. 102, 93 Stat. 579, authorized appropriations for 
construction grants, prior to repeal by Pub. L. 99-92, Secs. 9(a)(1), 
10(a), Aug. 16, 1985, 99 Stat. 400, 402, effective Oct. 1, 1985.


                            Savings Provision

    Pub. L. 105-392, title I, Sec. 124, Nov. 13, 1998, 112 Stat. 3574, 
provided that: ``In the case of any authority for making awards of 
grants or contracts that is terminated by the amendment made by section 
123 [enacting sections 296, 296a to 296f, 296j, 296m, 296p, 297q, and 
297t of this title, transferring section 298b-2 of this title to section 
296g of this title, and repealing sections 296k to 296m, 296r, 297, 297-
1, 297c, 298, 298a, 298b, 298b-1, 298b-3 to 298b-5, and 298b-7 of this 
title], 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.''

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.


                                 Purpose

    Pub. L. 105-392, title I, Sec. 122, Nov. 13, 1998, 112 Stat. 3562, 
provided that: ``It is the purpose of this subtitle [subtitle B 
(Secs. 121-124) of title I of Pub. L. 105-392, see Short Title of 1998 
Amendment note set out under section 201 of this title] to restructure 
the nurse education authorities of title VIII of the Public Health 
Service Act [this subchapter] to permit a comprehensive, flexible, and 
effective approach to Federal support for nursing workforce 
development.''


 Information Respecting Supply and Distribution of and Requirements for 
   Nurses; Determination Procedures; Surveys and Collection of Dates; 
 Annual Report to Congress on Determinations, Etc.; Review by Office of 
           Management and Budget of Report Prior to Submission

    Section 951 of Pub. L. 94-63, as amended by Pub. L. 95-623, 
Sec. 12(h), Nov. 9, 1978, 92 Stat. 3457, provided that:
    ``(a)(1) Using procedures developed in accordance with paragraph 
(3), the Secretary of Health, Education, and Welfare [now Health and 
Human Services] (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 
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 
[July 29, 1975], 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 October 1, 1979, and October 1 of each odd-
numbered year thereafter, 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.''

                  Section Referred to in Other Sections

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