
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: 42USC297t]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
              SUBCHAPTER VI--NURSING WORKFORCE DEVELOPMENT
 
    Part G--National Advisory Council on Nurse Education and Practice
 
Sec. 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 November 13, 1998, 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 subchapter, 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 subchapter, including 
    the range of issues relating to nurse supply, education and practice 
    improvement; and
        (3) not later than 3 years after November 13, 1998, 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 subchapter.

(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 subchapter where appropriate.

                            (2) Documents

        Not later than 14 days prior to the 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 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 while away from their homes or regular places of 
    business in the performance of services for the Council.

(g) Funding

    Amounts appropriated under this subchapter 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.

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

                       References in Text

    The Federal civil-service laws, referred to in subsec. (b)(1)(A), 
are set forth in Title 5, Government Organization and Employees. See, 
particularly, section 3301 et seq. of Title 5.
    The Federal Advisory Committee Act, referred to in subsec. (h), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5, Government Organization and Employees.

                          Codification

    November 13, 1998, referred to in subsec. (b)(2), was in the 
original ``the date of enactment of this Act'', which was translated as 
meaning the date of enactment of Pub. L. 105-392, which enacted this 
part, to reflect the probable intent of Congress.


                            Prior Provisions

    A prior section 845 of act July 1, 1944, was classified to section 
297j of this title, prior to repeal by Pub. L. 99-92.
    Prior sections 298 to 298b-1 were repealed by Pub. L. 105-392, title 
I, Sec. 123(1), Nov. 13, 1998, 112 Stat. 3562.
    Section 298, act July 1, 1944, ch. 373, title VIII, Sec. 851, 
formerly Sec. 841, as added Pub. L. 88-581, Sec. 2, Sept. 4, 1964, 78 
Stat. 917; amended Pub. L. 89-751, Sec. 3(b), Nov. 3, 1966, 80 Stat. 
1230; Pub. L. 91-515, title VI, Sec. 601(b)(2), Oct. 30, 1970, 84 Stat. 
1311; Pub. L. 92-158, Secs. 9, 13, Nov. 18, 1971, 85 Stat. 479, 480; 
renumbered Sec. 851 and amended Pub. L. 94-63, title IX, Sec. 941(k)(1), 
(2), July 29, 1975, 89 Stat. 366; Pub. L. 97-35, title XXVII, 
Sec. 2759(a), Aug. 13, 1981, 95 Stat. 932; Pub. L. 99-92, Sec. 9(d), 
Aug. 16, 1985, 99 Stat. 402; Pub. L. 100-607, title VII, Sec. 721(a), 
Nov. 4, 1988, 102 Stat. 3165; Pub. L. 102-408, title II, Sec. 212, Oct. 
13, 1992, 106 Stat. 2079, related to Advisory Council on Nurse Education 
and Practice. See section 297t of this title.
    Section 298a, act July 1, 1944, ch. 373, title VIII, Sec. 852, 
formerly Sec. 842, as added Pub. L. 88-581, Sec. 2, Sept. 4, 1964, 78 
Stat. 918; renumbered Sec. 852 and amended Pub. L. 94-63, title IX, 
Sec. 941(k)(1), July 29, 1975, 89 Stat. 366, directed Federal 
noninterference with administration of institutions.
    Section 298b, act July 1, 1944, ch. 373, title VIII, Sec. 853, 
formerly Sec. 843, as added Pub. L. 88-581, Sec. 2, Sept. 4, 1964, 78 
Stat. 918; amended Pub. L. 89-290, Sec. 5(b), Oct. 22, 1965, 79 Stat. 
1058; Pub. L. 90-490, title II, Secs. 203, 204, 213, 231, Aug. 16, 1968, 
82 Stat. 780, 783, 787; Pub. L. 92-158, Sec. 2(d)(1), (2), Nov. 18, 
1971, 85 Stat. 467, 468; renumbered Sec. 853 and amended Pub. L. 94-63, 
title IX, Sec. 941(k)(1), (3), July 29, 1975, 89 Stat. 366, 367; Pub. L. 
96-32, Sec. 7(k), July 10, 1979, 93 Stat. 84; Pub. L. 97-35, title 
XXVII, Sec. 2759(b), Aug. 13, 1981, 95 Stat. 932; Pub. L. 99-92, 
Sec. 9(e), (f), Aug. 16, 1985, 99 Stat. 402; Pub. L. 102-408, title II, 
Sec. 202(b), Oct. 13, 1992, 106 Stat. 2071, defined terms.
    Section 298b-1, act July 1, 1944, ch. 373, title VIII, Sec. 854, 
formerly Sec. 844, as added Pub. L. 92-158, Sec. 10, Nov. 18, 1971, 85 
Stat. 479; renumbered Sec. 854, Pub. L. 94-63, title IX, Sec. 941(k)(1), 
July 29, 1975, 89 Stat. 366, authorized advance funding for grants, 
contracts, or other payments.
    A prior section 298b-2, act July 1, 1944, ch. 373, title VIII, 
Sec. 855, formerly Sec. 845, as added Pub. L. 92-158, Sec. 11, Nov. 18, 
1971, 85 Stat. 479; renumbered Sec. 855, Pub. L. 94-63, title IX, 
Sec. 941(k)(1), July 29, 1975, 89 Stat. 366, which prohibited 
discrimination by schools on basis of sex, was renumbered section 810 of 
act July 1, 1944, by Pub. L. 105-392 and transferred to section 296g of 
this title.
    Prior sections 298b-3 to 298b-5 were repealed by Pub. L. 105-392, 
title I, Sec. 123(1), Nov. 13, 1998, 112 Stat. 3562.
    Section 298b-3, act July 1, 1944, ch. 373, title VIII, Sec. 856, as 
added Pub. L. 94-63, title IX, Sec. 941(k)(4), July 29, 1975, 89 Stat. 
367; amended Pub. L. 97-35, title XXVII, Sec. 2759(c), Aug. 13, 1981, 95 
Stat. 932; Pub. L. 100-607, title VII, Sec. 721(b)(2), Nov. 4, 1988, 102 
Stat. 3165, related to delegation of authority to administer programs.
    Section 298b-4, act July 1, 1944, ch. 373, title VIII, Sec. 857, as 
added Pub. L. 97-414, Sec. 8(m), Jan. 4, 1983, 96 Stat. 2061, authorized 
use of funds to provide technical assistance.
    Section 298b-5, act July 1, 1944, ch. 373, title VIII, Sec. 858, 
formerly Sec. 804, as added Pub. L. 88-581, Sec. 2, Sept. 4, 1964, 78 
Stat. 911; amended Pub. L. 92-158, Secs. 2(d)(3), 13, Nov. 18, 1971, 85 
Stat. 468, 480; Pub. L. 94-63, title IX, Sec. 941(c), July 29, 1975, 89 
Stat. 364; renumbered Sec. 858 and amended Pub. L. 99-92, Sec. 9(c)(1), 
Aug. 16, 1985, 99 Stat. 400; Pub. L. 99-129, title II, Sec. 207(e)(1)-
(3), Oct. 22, 1985, 99 Stat. 529, described conditions for United States 
recovery for construction assistance.
    A prior section 298b-6, act July 1, 1944, ch. 373, title VIII, 
Sec. 859, as added Nov. 4, 1988, Pub. L. 100-607, title VII, Sec. 722, 
102 Stat. 3165; amended Oct. 13, 1992, Pub. L. 102-408, title II, 
Sec. 213, 106 Stat. 2080, directed Secretary to provide for evaluations 
of projects carried out pursuant to this subchapter and submit reports 
to Congress summarizing evaluations, and made one percent of amount 
appropriated each fiscal year available to carry out section, prior to 
repeal by Pub. L. 104-66, title I, Sec. 1061(c), Dec. 21, 1995, 109 
Stat. 719.
    A prior section 298b-7, act July 1, 1944, ch. 373, title VIII, 
Sec. 860, as added Pub. L. 102-408, title II, Sec. 209, Oct. 13, 1992, 
106 Stat. 2075; amended Pub. L. 102-531, title III, Sec. 313(a)(10), 
Oct. 27, 1992, 106 Stat. 3507; Pub. L. 103-43, title XX, Sec. 2014(g), 
June 10, 1993, 107 Stat. 217, set forth certain generally applicable 
provisions, prior to repeal by Pub. L. 105-392, title I, Sec. 123(1), 
Nov. 13, 1998, 112 Stat. 3562.
    A prior section 298c, act July 1, 1944, ch. 373, title VIII, 
Sec. 860, as added Aug. 16, 1968, Pub. L. 90-490, title II, Sec. 223(a), 
82 Stat. 785; amended July 9, 1971, Pub. L. 92-52, Sec. 4, 85 Stat. 145; 
Nov. 18, 1971, Pub. L. 92-158, Sec. 7, 85 Stat. 478, which related to 
scholarship grants, was renumbered section 845 of act July 1, 1944, by 
Pub. L. 94-63 and transferred to section 297j of this title and 
subsequently repealed.
    Another prior section 298c, act July 1, 1944, ch. 373, title VIII, 
Sec. 861, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 
1236, stated the purposes of opportunity grants for nursing education 
and authorized appropriations of $3,000,000, $5,000,000, and $7,000,000 
for fiscal years ending June 30, 1967, 1968, and 1969, respectively, to 
be available for payments to institutions until close of fiscal year 
succeeding fiscal year for which appropriated, prior to the 
reorganization and amendment of this subchapter by Pub. L. 90-490.
    A prior section 298c-1, act July 1, 1944, ch. 373, title VIII, 
Sec. 861, as added Aug. 16, 1968, Pub. L. 90-490, title II, Sec. 223(a), 
82 Stat. 786, related to transfers to student loan program, was 
renumbered section 846 of act July 1, 1944, by Pub. L. 94-63 and 
transferred to section 297k of this title and subsequently repealed.
    Another prior section 298c-1, act July 1, 1944, ch. 373, title VIII, 
Sec. 862, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 
1237, prescribed amount of nursing educational opportunity grant and 
provided for its annual determination, prior to the reorganization and 
amendment of this subchapter by Pub. L. 90-490.
    Sections 298c-2 to 298c-6 were omitted in the reorganization and 
amendment of this subchapter by Pub. L. 90-490, title II, Sec. 223, Aug. 
16, 1968, 82 Stat. 785.
    Section 298c-2, act July 1, 1944, ch. 373, title VIII, Sec. 863, as 
added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 1237, related to 
duration of a nursing educational opportunity grant.
    Section 298c-3, act July 1, 1944, ch. 373, title VIII, Sec. 864, as 
added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 1238, related to 
selection of recipients of nursing educational opportunity grants.
    Section 298c-4, act July 1, 1944, ch. 373, title VIII, Sec. 865, as 
added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 1238, related to 
allotment of nursing educational opportunity grant funds among States.
    Section 298c-5, act July 1, 1944, ch. 373, title VIII, Sec. 866, as 
added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 1238, related to 
allocation of allotted funds to schools of nursing.
    Section 298c-6, act July 1, 1944, ch. 373, title VIII, Sec. 867, as 
added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 1239, related to 
agreements with schools of nursing.
    A prior section 298c-7, act July 1, 1944, ch. 373, title VIII, 
Sec. 868, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 
1239; amended Nov. 18, 1971, Pub. L. 92-158, Sec. 8, 85 Stat. 478; July 
29, 1975, Pub. L. 94-63, title IX, Sec. 902(g), 89 Stat. 355, authorized 
grants and contracts to encourage full utilization of educational talent 
for nursing profession and authorized appropriations from fiscal year 
ending June 30, 1972 through fiscal year ending June 30, 1975 for 
implementation, prior to repeal by Pub. L. 94-63, title IX, Secs. 905, 
931(b), July 29, 1975, 89 Stat. 355, 362, effective July 1, 1975.
    A prior section 298c-8, act July 1, 1944, ch. 373, title VIII, 
Sec. 869, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 8(b), 80 Stat. 
1240, defined ``academic year'', prior to repeal by Pub. L. 94-63, title 
IX, Secs. 941(j)(4), 942, July 29, 1975, 89 Stat. 366, 367, effective 
July 1, 1975.


                   Termination of Advisory Committees

    Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a 
note under section 217a of this title, provided that an advisory 
committee established pursuant to the Public Health Service Act shall 
terminate at such time as may be specifically prescribed by an Act of 
Congress enacted after Jan. 4, 1975.

                  Section Referred to in Other Sections

    This section is referred to in section 297q of this title.
