42 U.S.C. § 296a — Application

Page 1087 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 296a REPORTS BY GOVERNMENT ACCOUNTABILITY OFFICE Pub. L. 107–205, title II, § 204, Aug. 1, 2002, 116 Stat. 818, provided that: ‘‘(a) NATIONAL VARIATIONS.—Not later than 4 years after the date of the enactment of this Act [Aug. 1, 2002], the Comptroller General of the United States shall conduct a survey to determine national variations in the nursing shortage at hospitals, nursing homes, and other health care providers, and submit a report, including recommendations, to the Congress on Federal remedies to ease nursing shortages. The Comptroller General shall submit to the Congress this report de- scribing the findings relating to ownership status and associated remedies. ‘‘(b) HIRING DIFFERENCES AMONG CERTAIN PRIVATE EN- TITIES.—The Comptroller General of the United States shall conduct a study to determine differences in the hiring of nurses by nonprofit private entities as com- pared to the hiring of nurses by private entities that are not nonprofit. In carrying out the study, the Comp- troller General shall determine the effect of the inclu- sion of private entities that are not nonprofit in the program under section 846 of the Public Health Service Act [42 U.S.C. 297n]. Not later than 4 years after the date of the enactment of this Act [Aug. 1, 2002], the Comptroller General shall submit to the Congress a re- port describing the findings of the study. ‘‘(c) NURSING SCHOLARSHIPS.—The Comptroller Gen- eral of the United States shall conduct an evaluation of whether the program carried out under section 846(d) of the Public Health Service Act [42 U.S.C. 297n(d)] has de- monstrably increased the number of applicants to schools of nursing and, not later than 4 years after the date of the enactment of this Act [Aug. 1, 2002], submit a report to the Congress on the results of such evalua- tion.’’ PURPOSE Pub. L. 105–392, title I, § 122, Nov. 13, 1998, 112 Stat. 3562, provided that: ‘‘It is the purpose of this subtitle [subtitle B (§§ 121–124) of title I of Pub. L. 105–392, see Short Title of 1998 Amendment note set out under sec- tion 201 of this title] to restructure the nurse education authorities of title VIII of the Public Health Service Act [42 U.S.C. 296 et seq.] 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 BUDG- ET OF REPORT PRIOR TO SUBMISSION Pub. L. 94–63, title IX, § 951, July 29, 1975, 89 Stat. 367, as amended by Pub. L. 95–623, § 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 de- termine 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 over- supplied 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 reg- istered nurses within the United States and within each State; ‘‘(E) the number of nurses with advanced training or graduate degrees in nursing, by specialty, includ- ing nurse practitioners, nurse clinicians, nurse re- searchers, nurse educators, and nurse supervisors and administrators; and ‘‘(F) the number of registered nurses entering the United States annually from other nations, by coun- try 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 pro- jected basis) the supply and distribution of and require- ments 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 re- view 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) re- specting such report.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 296a. Application (a) In general To be eligible to receive a grant or contract under this subchapter, an eligible entity shall prepare and submit to the Secretary an applica- tion that meets the requirements of this sec- tion, at such time, in such manner, and con- taining such information as the Secretary may require. (b) Plan An application submitted under this section shall contain the plan of the applicant for car- rying out a project with amounts received under this subchapter. Such plan shall be consistent with relevant Federal, State, or regional pro- gram plans. (c) Performance outcome standards An application submitted under this section shall contain a specification by the applicant entity of performance outcome standards that the project to be funded under the grant or con- tract will be measured against. Such standards shall address relevant national nursing needs Page 1088 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 296b that the project will meet, and how such project aligns with the goals in section 296e(a) of this title. The recipient of a grant or contract under this section shall meet the standards set forth in the grant or contract application. (d) Linkages An application submitted under this section shall contain a description of the linkages with relevant educational and health care entities, including training programs for other health professionals as appropriate, that the project to be funded under the grant or contract will estab- lish. (July 1, 1944, ch. 373, title VIII, § 802, as added Pub. L. 105–392, title I, § 123(4), Nov. 13, 1998, 112 Stat. 3564; amended Pub. L. 116–136, div. A, title III, § 3404(a)(2), Mar. 27, 2020, 134 Stat. 392.) Editorial Notes PRIOR PROVISIONS A prior section 296a, act July 1, 1944, ch. 373, title VIII, § 802, as added Sept. 4, 1964, Pub. L. 88–581, § 2, 78 Stat. 909; amended Aug. 16, 1968, Pub. L. 90–490, title II, § 201(b), 82 Stat. 780; Nov. 18, 1971, Pub. L. 92–158, §§ 2(d)(3), (e), (f), 13, 85 Stat. 468, 480; July 29, 1975, Pub. L. 94–63, title IX, §§ 910(a)(2), 941(a), 89 Stat. 355, 363, re- lated to time of submission, determinations, etc., re- specting applications for construction grants, prior to repeal by Pub. L. 99–92, §§ 9(a)(1), 10(a), Aug. 16, 1985, 99 Stat. 400, 402, effective Oct. 1, 1985. AMENDMENTS 2020—Subsec. (c). Pub. L. 116–136 inserted ‘‘, and how such project aligns with the goals in section 296e(a) of this title’’ after ‘‘project will meet’’. § 296b. Use of funds (a) In general Amounts provided under a grant or contract awarded under this subchapter may be used for training program development and support, fac- ulty development, model demonstrations, train- ee support including tuition, books, program fees and reasonable living expenses during the period of training, technical assistance, work- force analysis, and dissemination of informa- tion, as appropriate to meet recognized nursing objectives, in accordance with this subchapter. (b) Maintenance of effort With respect to activities for which a grant awarded under this subchapter is to be ex- pended, the entity shall agree to maintain ex- penditures of non-Federal amounts for such ac- tivities at a level that is not less than the level of such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives such a grant. Such Federal funds are intended to supplement, not supplant, existing non-Federal expenditures for such activities. (July 1, 1944, ch. 373, title VIII, § 803, as added Pub. L. 105–392, title I, § 123(4), Nov. 13, 1998, 112 Stat. 3564; amended Pub. L. 116–136, div. A, title III, § 3404(a)(3), Mar. 27, 2020, 134 Stat. 392.) Editorial Notes PRIOR PROVISIONS A prior section 296b, act July 1, 1944, ch. 373, title VIII, § 803, as added Sept. 4, 1964, Pub. L. 88–581, § 2, 78 Stat. 911; amended Aug. 16, 1968, Pub. L. 90–490, title II, § 202, 82 Stat. 780; Nov. 18, 1971, Pub. L. 92–158, §§ 2(b), 13, 85 Stat. 465, 480; July 29, 1975, Pub. L. 94–63, title IX, § 941(b), 89 Stat. 364, set forth provisions relating to amount of construction grant, prior to repeal by Pub. L. 99–92, §§ 9(a)(1), 10(a), Aug. 16, 1985, 99 Stat. 400, 402, effective Oct. 1, 1985. AMENDMENTS 2020—Subsec. (b). Pub. L. 116–136 inserted at end ‘‘Such Federal funds are intended to supplement, not supplant, existing non-Federal expenditures for such activities.’’ § 296c. Matching requirement The Secretary may require that an entity that applies for a grant or contract under this sub- chapter provide non-Federal matching funds, as appropriate, to ensure the institutional commit- ment of the entity to the projects funded under the grant. Such non-Federal matching funds may be provided directly or through donations from public or private entities and may be in cash or in-kind, fairly evaluated, including plant, equipment, or services. (July 1, 1944, ch. 373, title VIII, § 804, as added Pub. L. 105–392, title I, § 123(4), Nov. 13, 1998, 112 Stat. 3565.) Editorial Notes PRIOR PROVISIONS A prior section 296c, act July 1, 1944, ch. 373, title VIII, § 804, as added Sept. 4, 1964, Pub. L. 88–581, § 2, 78 Stat. 911; amended Nov. 18, 1971, Pub. L. 92–158, §§ 2(d)(3), 13, 85 Stat. 468, 480; July 29, 1975, Pub. L. 94–63, title IX, § 941(c), 89 Stat. 364, which related to recovery of payments of funds by United States for construction of facilities, was renumbered section 858 of act July 1, 1944, by Pub. L. 99–92 and transferred to section 298b–5 of this title. § 296d. Preference In awarding grants or contracts under this subchapter, the Secretary shall give preference to applicants with projects that will substan- tially benefit rural or underserved populations, or help meet public health nursing needs in State or local health departments. (July 1, 1944, ch. 373, title VIII, § 805, as added Pub. L. 105–392, title I, § 123(4), Nov. 13, 1998, 112 Stat. 3565.) Editorial Notes PRIOR PROVISIONS A prior section 296d, act July 1, 1944, ch. 373, title VIII, § 805, formerly § 809, as added Nov. 18, 1971, Pub. L. 92–158, § 2(c), 85 Stat. 465; renumbered § 805 and amended July 29, 1975, Pub. L. 94–63, title IX, §§ 902(d), 910(b)(1)(A), (B)(i), (2), (c), 911(b), 941(d), 89 Stat. 355, 356, 364; Sept. 29, 1979, Pub. L. 96–76, title I, § 103, 93 Stat. 579, related to applications, amounts, etc., for loan guarantees and interest subsidies for construction of training facilities by nonprofit nursing schools, prior to repeal by Pub. L. 99–92, §§ 9(a)(1), 10(a), Aug. 16, 1985, 99 Stat. 400, 402, effective Oct. 1, 1985. Another prior section 296d, act July 1, 1944, ch. 373, title VIII, § 805, as added Sept. 4, 1964, Pub. L. 88–581, § 2, 78 Stat. 912; amended Aug. 16, 1968, Pub. L. 90–490, title II, §§ 211, 215, 82 Stat. 780, 783; Nov. 18, 1971, Pub. L. 92–158, § 3(b), 85 Stat. 469, relating to special project grants and contracts for nurse training programs, was repealed by Pub. L. 94–63, title IX, § 922, July 29, 1975, 89 Stat. 359, eff. July 1, 1975.