42 U.S.C. § 296e — Generally applicable provisions

Page 1089 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 296e § 296e. Generally applicable provisions (a) Awarding of grants and contracts The Secretary shall ensure that grants and contracts under this subchapter are awarded on a competitive basis, as appropriate, to carry out innovative demonstration projects or provide for strategic workforce supplementation activities as needed to address national nursing needs, in- cluding— (1) addressing challenges, including through supporting training and education of nursing students, related to the distribution of the nursing workforce and existing or projected nursing workforce shortages in geographic areas that have been identified as having, or that are projected to have, a nursing shortage; (2) increasing access to and the quality of health care services, including by supporting the training of professional registered nurses, advanced practice registered nurses, and ad- vanced education nurses within community based settings and in a variety of health deliv- ery system settings; or (3) addressing the strategic goals and prior- ities identified by the Secretary and that are in accordance with this subchapter. Contracts may be entered into under this sub- chapter with public or private entities as deter- mined necessary by the Secretary. (b) Information requirements (1) In general Recipients of grants and contracts under this subchapter shall meet information re- quirements as specified by the Secretary. (2) Evaluations The Secretary shall establish procedures to ensure the annual evaluation of programs and projects operated by recipients of grants under this subchapter. Such procedures shall ensure that continued funding for such programs and projects will be conditioned upon the report- ing of data and information demonstrating that satisfactory progress has been made by the program or project in meeting the per- formance outcome standards (as described in section 296a of this title) of such program or project. (c) Training programs Training programs conducted with amounts received under this subchapter shall meet appli- cable accreditation and quality standards. (d) Duration of assistance (1) In general Subject to paragraph (2), in the case of an award to an entity of a grant, cooperative agreement, or contract under this subchapter, the period during which payments are made to the entity under the award may not exceed 5 years. The provision of payments under the award shall be subject to annual approval by the Secretary of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments. This paragraph may not be construed as limiting the number of awards under the program in- volved that may be made to the entity. (2) Limitation In the case of an award to an entity of a grant, cooperative agreement, or contract under this subchapter, paragraph (1) shall apply only to the extent not inconsistent with any other provision of this subchapter that re- lates to the period during which payments may be made under the award. (e) Peer review regarding certain programs (1) In general Each application for a grant under this sub- chapter, except advanced nurse traineeship grants under section 296j(a)(2) of this title, shall be submitted to a peer review group for an evaluation of the merits of the proposals made in the application. The Secretary may not approve such an application unless a peer review group has recommended the applica- tion for approval. (2) Composition Each peer review group under this sub- section shall be composed principally of indi- viduals who are not officers or employees of the Federal Government, and have relevant expertise and experience. In providing for the establishment of peer review groups and proce- dures, the Secretary shall, except as otherwise provided, ensure sex, racial, ethnic, and geo- graphic representation among the membership of such groups. (3) Administration This subsection shall be carried out by the Secretary acting through the Administrator of the Health Resources and Services Adminis- tration. (f) Analytic activities The Secretary shall ensure that— (1) cross-cutting workforce analytical activi- ties are carried out as part of the workforce information and analysis activities under this subchapter; and (2) discipline-specific workforce information is developed and analytical activities are car- ried out as part of— (A) the advanced education nursing activi- ties under part B; (B) the workforce diversity activities under part C; and (C) basic nursing education and practice activities under part D. (g) State and regional priorities Activities under grants or contracts under this subchapter shall, to the extent practicable, be consistent with related Federal, State, or re- gional nursing professions program plans and priorities. (h) Filing of applications (1) In general Applications for grants or contracts under this subchapter may be submitted by health professions schools, schools of nursing, aca- demic health centers, State or local govern- ments, or other appropriate public or private nonprofit entities as determined appropriate by the Secretary in accordance with this sub- chapter. Page 1090 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 296e–1 (2) For-profit entities Notwithstanding paragraph (1), a for-profit entity may be eligible for a grant or contract under this subchapter as determined appro- priate by the Secretary. (i) Biennial report on nursing workforce pro- gram improvements Not later than September 30, 2020, and bienni- ally thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Rep- resentatives, a report that contains an assess- ment of the programs and activities of the De- partment of Health and Human Services related to enhancing the nursing workforce, including the extent to which programs and activities under this subchapter meet the identified goals and performance measures developed for the re- spective programs and activities, and the extent to which the Department coordinates with other Federal departments regarding programs de- signed to improve the nursing workforce. (July 1, 1944, ch. 373, title VIII, § 806, as added Pub. L. 105–392, title I, § 123(4), Nov. 13, 1998, 112 Stat. 3565; amended Pub. L. 116–136, div. A, title III, § 3404(a)(4), Mar. 27, 2020, 134 Stat. 392.) Editorial Notes PRIOR PROVISIONS A prior section 296e, act July 1, 1944, ch. 373, title VIII, § 810, formerly § 806, as added Sept. 4, 1964, Pub. L. 88–581, § 2, 78 Stat. 912; amended Dec. 5, 1967, Pub. L. 90–174, § 12(a), 81 Stat. 541; Aug. 16, 1968, Pub. L. 90–490, title II, § 211, 82 Stat. 781; Nov. 18, 1971, Pub. L. 92–158, § 4(a), 85 Stat. 470; renumbered § 810 and amended July 29, 1975, Pub. L. 94–63, title IX, §§ 902(b), 915(a)–(c), 916(a), (b), 941(e), 89 Stat. 354, 356, 358, 365; Aug. 1, 1977, Pub. L. 95–83, title III, § 307(o)(1)–(4), 91 Stat. 393; Sept. 29, 1979, Pub. L. 96–76, title I, § 104, 93 Stat. 579, set forth provi- sions relating to computation, requirements, etc., re- specting grants for institutional support, prior to re- peal by Pub. L. 99–92, §§ 9(a)(1), 10(a), Aug. 16, 1985, 99 Stat. 400, 402, effective Oct. 1, 1985. AMENDMENTS 2020—Subsec. (a). Pub. L. 116–136, § 3404(a)(4)(A), sub- stituted ‘‘as needed to address national nursing needs, including—’’, pars. (1) to (3), and concluding provisions for ‘‘as needed to meet national nursing service goals and in accordance with this subchapter. Contracts may be entered into under this subchapter with public or private entities as determined necessary by the Sec- retary.’’ Subsec. (b)(2). Pub. L. 116–136, § 3404(a)(4)(B), sub- stituted ‘‘the reporting of data and information dem- onstrating that satisfactory progress has been made by the program or project in meeting the performance outcome standards (as described in section 296a of this title) of such program or project.’’ for ‘‘a demonstra- tion that satisfactory progress has been made by the program or project in meeting the objectives of the program or project.’’ Subsec. (e)(2). Pub. L. 116–136, § 3404(a)(4)(C), inserted ‘‘, and have relevant expertise and experience’’ before period at end of first sentence. Subsec. (i). Pub. L. 116–136, § 3404(a)(4)(D), added sub- sec. (i). § 296e–1. Grants for health professions education (a) Cultural competency, prevention, and public health and individuals with disability grants The Secretary, acting through the Adminis- trator of the Health Resources and Services Ad- ministration, may make awards of grants, con- tracts, or cooperative agreements to eligible en- tities for the development, evaluation, and dis- semination of research, demonstration projects, and model curricula for cultural competency, prevention, public health proficiency, reducing health disparities, and aptitude for working with individuals with disabilities training for use in health professions schools and continuing education programs, and for other purposes de- termined as appropriate by the Secretary. Grants under this section shall be the same as provided in section 293e of this title. (b) Collaboration In carrying out subsection (a), the Secretary shall collaborate with the entities described in section 293e(b) of this title. The Secretary shall coordinate with curricula and research and dem- onstration projects developed under such section 293e. (c) Dissemination Model curricula developed under this section shall be disseminated and evaluated in the same manner as model curricula developed under sec- tion 293e of this title, as described in subsection (c) of such section. (d) Authorization of appropriations There are to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2010 through 2015. (July 1, 1944, ch. 373, title VIII, § 807, as added Pub. L. 106–525, title IV, § 401(b)(2), Nov. 22, 2000, 114 Stat. 2508; amended Pub. L. 111–148, title V, § 5307(b), Mar. 23, 2010, 124 Stat. 628.) Editorial Notes PRIOR PROVISIONS A prior section 807 of act July 1, 1944, was renumbered section 808 by Pub. L. 106–525 and is classified to section 296f of this title. Another prior section 807 of act July 1, 1944, was re- numbered section 811 and classified to section 296f of this title prior to repeal by Pub. L. 99–92, § 9(a)(1), Aug. 16, 1985, 99 Stat. 400. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–148, § 5307(b)(1), in head- ing, substituted ‘‘Cultural competency, prevention, and public health and individuals with disability grants’’ for ‘‘Grants for health professions education in health disparities and cultural competency’’ and, in text, sub- stituted ‘‘for the development, evaluation, and dissemi- nation of research, demonstration projects, and model curricula for cultural competency, prevention, public health proficiency, reducing health disparities, and ap- titude for working with individuals with disabilities training for use in health professions schools and con- tinuing education programs, and for other purposes de- termined as appropriate by the Secretary’’ for ‘‘for the purpose of carrying out research and demonstration projects (including research and demonstration projects for continuing health professions education) for training and education for the reduction of dispari- ties in health care outcomes and the provision of cul- turally competent health care’’. Subsecs. (b) to (d). Pub. L. 111–148, § 5307(b)(2)–(4), added subsecs. (b) and (c), redesignated former subsec. (b) as (d), and, in subsec. (d), substituted ‘‘this section’’ for ‘‘subsection (a) of this section’’ and ‘‘2010 through 2015’’ for ‘‘2001 through 2004’’.