42 U.S.C. § 294q — National Health Care Workforce Commis-

Page 1052 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 294q 1 So in original. Probably should be ‘‘title’’. § 294q. National Health Care Workforce Commis- sion (a) Purpose It is the purpose of this section to establish a National Health Care Workforce Commission that— (1) serves as a national resource for Con- gress, the President, States, and localities; (2) communicates and coordinates with the Departments of Health and Human Services, Labor, Veterans Affairs, Homeland Security, and Education on related activities adminis- tered by one or more of such Departments; (3) develops and commissions evaluations of education and training activities to determine whether the demand for health care workers is being met; (4) identifies barriers to improved coordina- tion at the Federal, State, and local levels and recommend ways to address such barriers; and (5) encourages innovations to address popu- lation needs, constant changes in technology, and other environmental factors. (b) Establishment There is hereby established the National Health Care Workforce Commission (in this sec- tion referred to as the ‘‘Commission’’). (c) Membership (1) Number and appointment The Commission shall be composed of 15 members to be appointed by the Comptroller General, without regard to section 1004 of title 5. (2) Qualifications (A) In general The membership of the Commission shall include individuals— (i) with national recognition for their ex- pertise in health care labor market anal- ysis, including health care workforce anal- ysis; health care finance and economics; health care facility management; health care plans and integrated delivery sys- tems; health care workforce education and training; health care philanthropy; pro- viders of health care services; and other related fields; and (ii) who will provide a combination of professional perspectives, broad geo- graphic representation, and a balance be- tween urban, suburban, rural, and frontier representatives. (B) Inclusion (i) In general The membership of the Commission shall include no less than one representative of— (I) the health care workforce and health professionals; (II) employers, including representa- tives of small business and self-employed individuals; (III) third-party payers; (IV) individuals skilled in the conduct and interpretation of health care serv- ices and health economics research; (V) representatives of consumers; (VI) labor unions; (VII) State or local workforce invest- ment boards; and (VIII) educational institutions (which may include elementary and secondary institutions, institutions of higher edu- cation, including 2 and 4 year institu- tions, or registered apprenticeship pro- grams). (ii) Additional members The remaining membership may include additional representatives from clause (i) and other individuals as determined appro- priate by the Comptroller General of the United States. (C) Majority non-providers Individuals who are directly involved in health professions education or practice shall not constitute a majority of the mem- bership of the Commission. (D) Ethical disclosure The Comptroller General shall establish a system for public disclosure by members of the Commission of financial and other po- tential conflicts of interest relating to such members. Members of the Commission shall be treated as employees of Congress for pur- poses of applying subchapter I of chapter 131 of title 5. Members of the Commission shall not be treated as special government em- ployees under title 18. (3) Terms (A) In general The terms of members of the Commission shall be for 3 years except that the Comp- troller General shall designate staggered terms for the members first appointed. (B) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was ap- pointed shall be appointed only for the re- mainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Commission shall be filled in the man- ner in which the original appointment was made. (C) Initial appointments The Comptroller General shall make ini- tial appointments of members to the Com- mission not later than September 30, 2010. (4) Compensation While serving on the business of the Com- mission (including travel time), a member of the Commission shall be entitled to compensa- tion at the per diem equivalent of the rate provided for level IV of the Executive Sched- ule under section 5315 of tile 1 5, and while so serving away from home and the member’s regular place of business, a member may be al- lowed travel expenses, as authorized by the Chairman of the Commission. Physicians serv- Page 1053 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 294q 2 So in original. Probably should be followed by a period. 3 So in original. ing as personnel of the Commission may be provided a physician comparability allowance by the Commission in the same manner as Government physicians may be provided such an allowance by an agency under section 5948 of title 5, and for such purpose subsection (i) of such section shall apply to the Commission in the same manner as it applies to the Ten- nessee Valley Authority. For purposes of pay (other than pay of members of the Commis- sion) and employment benefits, rights, and privileges, all personnel of the Commission shall be treated as if they were employees of the United States Senate. Personnel of the Commission shall not be treated as employees of the Government Accountability Office for any purpose. (5) Chairman, Vice Chairman The Comptroller General shall designate a member of the Commission, at the time of ap- pointment of the member, as Chairman and a member as Vice Chairman for that term of ap- pointment, except that in the case of vacancy of the chairmanship or vice chairmanship, the Comptroller General may designate another member for the remainder of that member’s term. (6) Meetings The Commission shall meet at the call of the chairman, but no less frequently than on a quarterly basis. (d) Duties (1) Recognition, dissemination, and commu- nication The Commission shall— (A) recognize efforts of Federal, State, and local partnerships to develop and offer health care career pathways of proven effec- tiveness; (B) disseminate information on promising retention practices for health care profes- sionals; and (C) communicate information on impor- tant policies and practices that affect the re- cruitment, education and training, and re- tention of the health care workforce. (2) Review of health care workforce and an- nual reports In order to develop a fiscally sustainable in- tegrated workforce that supports a high-qual- ity, readily accessible health care delivery system that meets the needs of patients and populations, the Commission, in consultation with relevant Federal, State, and local agen- cies, shall— (A) review current and projected health care workforce supply and demand, includ- ing the topics described in paragraph (3); (B) make recommendations to Congress and the Administration concerning national health care workforce priorities, goals, and policies; (C) by not later than October 1 of each year (beginning with 2011), submit a report to Congress and the Administration con- taining the results of such reviews and rec- ommendations concerning related policies; and (D) by not later than April 1 of each year (beginning with 2011), submit a report to Congress and the Administration containing a review of, and recommendations on, at a minimum one high priority area as described in paragraph (4). (3) Specific topics to be reviewed The topics described in this paragraph in- clude— (A) current health care workforce supply and distribution, including demographics, skill sets, and demands, with projected de- mands during the subsequent 10 and 25 year periods; (B) health care workforce education and training capacity, including the number of students who have completed education and training, including registered apprentice- ships; the number of qualified faculty; the education and training infrastructure; and the education and training demands, with projected demands during the subsequent 10 and 25 year periods; (C) the education loan and grant programs in titles VII and VIII of the Public Health Service Act (42 U.S.C. 292 et seq. and 296 et seq.), with recommendations on whether such programs should become part of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq 2 ); (D) the implications of new and existing Federal policies which affect the health care workforce, including Medicare and Medicaid graduate medical education policies, titles VII and VIII of the Public Health Service Act (42 U.S.C. 292 et seq. and 296 et seq.), the National Health Service Corps (with rec- ommendations for aligning such programs with national health workforce priorities and goals), and other health care workforce programs, including those supported through the Workforce Innovation and Opportunity Act, the Carl D. Perkins Career and Tech- nical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), and any other Federal health care workforce programs; (E) the health care workforce needs of spe- cial populations, such as minorities, rural populations, medically underserved popu- lations, gender specific needs, individuals with disabilities, and geriatric and pediatric populations with recommendations for new and existing Federal policies to meet the needs of these special populations; and (F) recommendations creating or revising national loan repayment programs and scholarship programs to require low-income, minority medical students to serve in their home communities, if designated as medical underserved community.3 (4) High priority areas (A) In general The initial high priority topics described in this paragraph include each of the fol- lowing: Page 1054 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 294q 4 See References in Text note below. (i) Integrated health care workforce planning that identifies health care profes- sional skills needed and maximizes the skill sets of health care professionals across disciplines. (ii) An analysis of the nature, scopes of practice, and demands for health care workers in the enhanced information tech- nology and management workplace. (iii) An analysis of how to align Medi- care and Medicaid graduate medical edu- cation policies with national workforce goals. (iv) An analysis of, and recommenda- tions for, eliminating the barriers to en- tering and staying in primary care, includ- ing provider compensation. (v) The education and training capacity, projected demands, and integration with the health care delivery system of each of the following: (I) Nursing workforce capacity at all levels. (II) Oral health care workforce capac- ity at all levels. (III) Mental and behavioral health care workforce capacity at all levels. (IV) Allied health and public health care workforce capacity at all levels. (V) Emergency medical service work- force capacity, including the retention and recruitment of the volunteer work- force, at all levels. (VI) The geographic distribution of health care providers as compared to the identified health care workforce needs of States and regions. (B) Future determinations The Commission may require that addi- tional topics be included under subparagraph (A). The appropriate committees of Congress may recommend to the Commission the in- clusion of other topics for health care work- force development areas that require special attention. (5) Grant program The Commission shall— (A) review implementation progress re- ports on, and report to Congress about, the State Health Care Workforce Development Grant program established in section 294r of this title; (B) in collaboration with the Department of Labor and in coordination with the De- partment of Education and other relevant Federal agencies, make recommendations to the fiscal and administrative agent under section 294r(b) of this title for grant recipi- ents under section 294r of this title; (C) assess the implementation of the grants under such section; and (D) collect performance and report infor- mation, including identified models and best practices, on grants from the fiscal and ad- ministrative agent under such section and distribute this information to Congress, rel- evant Federal agencies, and to the public. (6) Study The Commission shall study effective mech- anisms for financing education and training for careers in health care, including public health and allied health. (7) Recommendations The Commission shall submit recommenda- tions to Congress, the Department of Labor, and the Department of Health and Human Services about improving safety, health, and worker protections in the workplace for the health care workforce. (8) Assessment The Commission shall assess and receive re- ports from the National Center for Health Care Workforce Analysis established under section 761(b) of the Public Service Health Act [42 U.S.C. 294n(b)] (as amended by section 5103).4 (e) Consultation with Federal, State, and local agencies, Congress, and other organizations (1) In general The Commission shall consult with Federal agencies (including the Departments of Health and Human Services, Labor, Education, Com- merce, Agriculture, Defense, and Veterans Af- fairs and the Environmental Protection Agen- cy), Congress, the Medicare Payment Advisory Commission, the Medicaid and CHIP Payment and Access Commission, and, to the extent practicable, with State and local agencies, In- dian tribes, voluntary health care organiza- tions, professional societies, and other rel- evant public-private health care partnerships. (2) Obtaining official data The Commission, consistent with estab- lished privacy rules, may secure directly from any department or agency of the Executive Branch information necessary to enable the Commission to carry out this section. (3) Detail of Federal Government employees An employee of the Federal Government may be detailed to the Commission without reimbursement. The detail of such an em- ployee shall be without interruption or loss of civil service status. (f) Director and staff; experts and consultants Subject to such review as the Comptroller General of the United States determines to be necessary to ensure the efficient administration of the Commission, the Commission may— (1) employ and fix the compensation of an executive director that shall not exceed the rate of basic pay payable for level V of the Ex- ecutive Schedule and such other personnel as may be necessary to carry out its duties (with- out regard to the provisions of title 5 gov- erning appointments in the competitive serv- ice); (2) seek such assistance and support as may be required in the performance of its duties from appropriate Federal departments and agencies; (3) enter into contracts or make other ar- rangements, as may be necessary for the con- duct of the work of the Commission (without regard to section 6101 of title 41); (4) make advance, progress, and other pay- ments which relate to the work of the Com- mission; Page 1055 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 294q 5 See 2010 Amendment note below. (5) provide transportation and subsistence for persons serving without compensation; and (6) prescribe such rules and regulations as the Commission determines to be necessary with respect to the internal organization and operation of the Commission. (g) Powers (1) Data collection In order to carry out its functions under this section, the Commission shall— (A) utilize existing information, both pub- lished and unpublished, where possible, col- lected and assessed either by its own staff or under other arrangements made in accord- ance with this section, including coordina- tion with the Bureau of Labor Statistics; (B) carry out, or award grants or contracts for the carrying out of, original research and development, where existing information is inadequate, and (C) adopt procedures allowing interested parties to submit information for the Com- mission’s use in making reports and rec- ommendations. (2) Access of the Government Accountability Office to information The Comptroller General of the United States shall have unrestricted access to all de- liberations, records, and data of the Commis- sion, immediately upon request. (3) Periodic audit The Commission shall be subject to periodic audit by an independent public accountant under contract to the Commission. (h) Authorization of appropriations (1) Request for appropriations The Commission shall submit requests for appropriations in the same manner as the Comptroller General of the United States sub- mits requests for appropriations. Amounts so appropriated for the Commission shall be sepa- rate from amounts appropriated for the Comp- troller General. (2) Authorization There are authorized to be appropriated such sums as may be necessary to carry out this section. (3) Gifts and services The Commission may not accept gifts, be- queaths, or donations of property, but may ac- cept and use donations of services for purposes of carrying out this section. (i) Definitions In this section: (1) Health care workforce The term ‘‘health care workforce’’ includes all health care providers with direct patient care and support responsibilities, such as phy- sicians, nurses, nurse practitioners, primary care providers, preventive medicine physi- cians, optometrists, ophthalmologists, physi- cian assistants, pharmacists, dentists, dental hygienists, and other oral healthcare profes- sionals, allied health professionals, doctors of chiropractic, community health workers, health care paraprofessionals, direct care workers, psychologists and other behavioral and mental health professionals (including substance abuse prevention and treatment providers), social workers, physical and occu- pational therapists, certified nurse midwives, podiatrists, the EMS workforce (including pro- fessional and volunteer ambulance personnel and firefighters who perform emergency med- ical services), licensed complementary and al- ternative medicine providers, integrative health practitioners, public health profes- sionals, and any other health professional that the Comptroller General of the United States determines appropriate. (2) Health professionals The term ‘‘health professionals’’ includes— (A) dentists, dental hygienists, primary care providers, specialty physicians, nurses, nurse practitioners, physician assistants, psychologists and other behavioral and men- tal health professionals (including substance abuse prevention and treatment providers), social workers, physical and occupational therapists, optometrists, ophthalmologists,5 public health professionals, clinical phar- macists, allied health professionals, doctors of chiropractic, community health workers, school nurses, certified nurse midwives, po- diatrists, licensed complementary and alter- native medicine providers, the EMS work- force (including professional and volunteer ambulance personnel and firefighters who perform emergency medical services), and integrative health practitioners; (B) national representatives of health pro- fessionals; (C) representatives of schools of medicine, osteopathy, nursing, dentistry, optometry, pharmacy, chiropractic, allied health, edu- cational programs for public health profes- sionals, behavioral and mental health pro- fessionals (as so defined), social workers, pharmacists, physical and occupational therapists, optometrists, ophthalmologists,5 oral health care industry dentistry and den- tal hygiene, and physician assistants; (D) representatives of public and private teaching hospitals, and ambulatory health facilities, including Federal medical facili- ties; and (E) any other health professional the Comptroller General of the United States de- termines appropriate. (Pub. L. 111–148, title V, § 5101, title X, § 10501(a), Mar. 23, 2010, 124 Stat. 592, 993; Pub. L. 113–128, title V, § 512(y), July 22, 2014, 128 Stat. 1716; Pub. L. 117–286, § 4(a)(239), (c)(40), Dec. 27, 2022, 136 Stat. 4332, 4359.) Editorial Notes REFERENCES IN TEXT The Public Health Service Act, referred to in subsec. (d)(3)(C), (D), is act July 1, 1944, ch. 373, 58 Stat. 682. Ti- tles VII and VIII of the Act are classified generally to this subchapter and subchapter VI (§ 296 et seq.) of this chapter, respectively. For complete classification of Page 1056 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 294q this Act to the Code, see Short Title note set out under section 201 of this title and Tables. The Higher Education Act of 1965, referred to in sub- sec. (d)(3)(C), (D), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (d)(3)(D), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (d)(3)(D), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables. Section 5103, referred to in subsec. (d)(8), means sec- tion 5103 of Pub. L. 111–148. Level V of the Executive Schedule, referred to in sub- sec. (f)(1), is set out in section 5316 of Title 5, Govern- ment Organization and Employees. CODIFICATION In subsec. (f)(3), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes (41 U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. Section was enacted as part of the Patient Protection and Affordable Care Act, and not as part of the Public Health Service Act which comprises this chapter. PRIOR PROVISIONS Prior sections 294q to 294q–3 were omitted in the gen- eral amendment of this subchapter by Pub. L. 102–408. Section 294q, act July 1, 1944, ch. 373, title VII, § 744, formerly § 745, as added Sept. 24, 1963, Pub. L. 88–129, § 2(b), 77 Stat. 173; amended Nov. 18, 1971, Pub. L. 92–157, title I, § 105(f)(2), 85 Stat. 451; renumbered § 744, Oct. 12, 1976, Pub. L. 94–484, title IV, § 406(a)(2), 90 Stat. 2268, re- lated to administrative provisions. See section 292u of this title. Section 294q–1, act July 1, 1944, ch. 373, title VII, § 745, as added Oct. 22, 1985, Pub. L. 99–129, title II, § 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, § 746, as added Oct. 22, 1985, Pub. L. 99–129, title II, § 209(h)(2), 99 Stat. 536, related to procedures for appeal of termi- nations of agreements with schools. See section 292w of this title. Section 294q–3, act July 1, 1944, ch. 373, title VII, § 747, formerly § 745, as added and renumbered § 747, Oct. 22, 1985, Pub. L. 99–129, title II, § 209(a)(4), (h)(1), 99 Stat. 532, 535, defined ‘‘school of pharmacy’’. AMENDMENTS 2022—Subsec. (c)(1). Pub. L. 117–286, § 4(a)(239), sub- stituted ‘‘section 1004 of title 5.’’ for ‘‘section 5 of the Federal Advisory Committee Act (5 U.S.C. App.).’’ Subsec. (c)(2)(D). Pub. L. 117–286, § 4(c)(40), substituted ‘‘subchapter I of chapter 131 of title 5.’’ for ‘‘title I of the Ethics in Government Act of 1978.’’ 2014—Subsec. (d)(3)(D). Pub. L. 113–128 substituted ‘‘other health care workforce programs, including those supported through the Workforce Innovation and Op- portunity Act,’’ for ‘‘other health care workforce pro- grams, including those supported through the Work- force Investment Act of 1998 (29 U.S.C. 2801 et seq.),’’. 2010—Subsec. (c)(2)(B)(i)(II). Pub. L. 111–148, § 10501(a)(1), inserted ‘‘, including representatives of small business and self-employed individuals’’ after ‘‘employers’’. Subsec. (d)(4)(A)(iv), (v). Pub. L. 111–148, § 10501(a)(2), added cl. (iv) and redesignated former cl. (iv) as (v). Subsec. (i)(2)(A), (C). Pub. L. 111–148, § 10501(a)(3), which directed insertion of ‘‘optometrists, ophthalmol- ogists,’’ after ‘‘occupational therapists,’’ in subpar. (B) of subsec. (i)(2), was executed by making the insertion in subpars. (A) and (C). The words ‘‘occupational thera- pists,’’ do not appear in subpar. (B). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. PURPOSE Pub. L. 111–148, title V, § 5001, Mar. 23, 2010, 124 Stat. 588, provided that: ‘‘The purpose of this title [see Ta- bles for classification] is to improve access to and the delivery of health care services for all individuals, par- ticularly low income, underserved, uninsured, minor- ity, health disparity, and rural populations by— ‘‘(1) gathering and assessing comprehensive data in order for the health care workforce to meet the health care needs of individuals, including research on the supply, demand, distribution, diversity, and skills needs of the health care workforce; ‘‘(2) increasing the supply of a qualified health care workforce to improve access to and the delivery of health care services for all individuals; ‘‘(3) enhancing health care workforce education and training to improve access to and the delivery of health care services for all individuals; and ‘‘(4) providing support to the existing health care workforce to improve access to and the delivery of health care services for all individuals.’’ DEFINITIONS Pub. L. 111–148, title V, § 5002(a), Mar. 23, 2010, 124 Stat. 588, provided that: ‘‘In this title [see Tables for classification]: ‘‘(1) ALLIED HEALTH PROFESSIONAL.—The term ‘al- lied health professional’ means an allied health pro- fessional as defined in section 799B(5) of the Public Heath Service Act (42 U.S.C. 295p(5)) who— ‘‘(A) has graduated and received an allied health professions degree or certificate from an institution of higher education; and ‘‘(B) is employed with a Federal, State, local or tribal public health agency, or in a setting where patients might require health care services, includ- ing acute care facilities, ambulatory care facilities, personal residences, and other settings located in health professional shortage areas, medically un- derserved areas, or medically underserved popu- lations, as recognized by the Secretary of Health and Human Services. ‘‘(2) HEALTH CARE CAREER PATHWAY.—The term ‘healthcare career pathway’ means a rigorous, engag- ing, and high quality set of courses and services that— ‘‘(A) includes an articulated sequence of academic and career courses, including 21st century skills; ‘‘(B) is aligned with the needs of healthcare indus- tries in a region or State; ‘‘(C) prepares students for entry into the full range of postsecondary education options, including registered apprenticeships, and careers; ‘‘(D) provides academic and career counseling in student-to-counselor ratios that allow students to make informed decisions about academic and ca- reer options; ‘‘(E) meets State academic standards, State re- quirements for secondary school graduation and is Page 1057 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 294r 1 So in original. Probably should be ‘‘reasonably’’. aligned with requirements for entry into postsec- ondary education, and applicable industry stand- ards; and ‘‘(F) leads to 2 or more credentials, including— ‘‘(i) a secondary school diploma; and ‘‘(ii) a postsecondary degree, an apprenticeship or other occupational certification, a certificate, or a license. ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in sections 101 and 102 of the Higher Education Act of 1965 (20 U.S.C. 1001 and 1002). ‘‘(4) LOW INCOME INDIVIDUAL, STATE WORKFORCE IN- VESTMENT BOARD, AND LOCAL WORKFORCE INVESTMENT BOARD.— ‘‘(A) LOW-INCOME INDIVIDUAL.—The term ‘low-in- come individual’ has the meaning given that term in [former] section 101 of the Workforce investment [sic] Act of 1998 ([former] 29 U.S.C. 2801). ‘‘(B) STATE WORKFORCE INVESTMENT BOARD; LOCAL WORKFORCE INVESTMENT BOARD.—The terms ‘State workforce investment board’ and ‘local workforce investment board’, [sic] refer to a State workforce investment board established under [former] sec- tion 111 of the Workforce Investment Act of 1998 ([former] 29 U.S.C. 2821) and a local workforce in- vestment board established under [former] section 117 of such Act ([former] 29 U.S.C. 2832), respec- tively. ‘‘(5) POSTSECONDARY EDUCATION.—The term ‘post- secondary education’ means— ‘‘(A) a 4-year program of instruction, or not less than a 1-year program of instruction that is accept- able for credit toward an associate or a bacca- laureate degree, offered by an institution of higher education; or ‘‘(B) a certificate or registered apprenticeship program at the postsecondary level offered by an institution of higher education or a non-profit edu- cational institution. ‘‘(6) REGISTERED APPRENTICESHIP PROGRAM.—The term ‘registered apprenticeship program’ means an industry skills training program at the postsec- ondary level that combines technical and theoretical training through structure on the job learning with related instruction (in a classroom or through dis- tance learning) while an individual is employed, working under the direction of qualified personnel or a mentor, and earning incremental wage increases aligned to enhance job proficiency, resulting in the acquisition of a nationally recognized and portable certificate, under a plan approved by the Office of Ap- prenticeship or a State agency recognized by the De- partment of Labor.’’ § 294r. State health care workforce development grants (a) Establishment There is established a competitive health care workforce development grant program (referred to in this section as the ‘‘program’’) for the pur- pose of enabling State partnerships to complete comprehensive planning and to carry out activi- ties leading to coherent and comprehensive health care workforce development strategies at the State and local levels. (b) Fiscal and administrative agent The Health Resources and Services Adminis- tration of the Department of Health and Human Services (referred to in this section as the ‘‘Ad- ministration’’) shall be the fiscal and adminis- trative agent for the grants awarded under this section. The Administration is authorized to carry out the program, in consultation with the National Health Care Workforce Commission (referred to in this section as the ‘‘Commis- sion’’), which shall review reports on the devel- opment, implementation, and evaluation activi- ties of the grant program, including— (1) administering the grants; (2) providing technical assistance to grant- ees; and (3) reporting performance information to the Commission. (c) Planning grants (1) Amount and duration A planning grant shall be awarded under this subsection for a period of not more than one year and the maximum award may not be more than $150,000. (2) Eligibility To be eligible to receive a planning grant, an entity shall be an eligible partnership. An eli- gible partnership shall be a State workforce investment board, if it includes or modifies the members to include at least one represent- ative from each of the following: health care employer, labor organization, a public 2-year institution of higher education, a public 4-year institution of higher education, the recognized State federation of labor, the State public sec- ondary education agency, the State P–16 or P–20 Council if such a council exists, and a philanthropic organization that is actively en- gaged in providing learning, mentoring, and work opportunities to recruit, educate, and train individuals for, and retain individuals in, careers in health care and related industries. (3) Fiscal and administrative agent The Governor of the State receiving a plan- ning grant has the authority to appoint a fis- cal and an administrative agency for the part- nership. (4) Application Each State partnership desiring a planning grant shall submit an application to the Ad- ministrator of the Administration at such time and in such manner, and accompanied by such information as the Administrator may reasonable 1 require. Each application sub- mitted for a planning grant shall describe the members of the State partnership, the activi- ties for which assistance is sought, the pro- posed performance benchmarks to be used to measure progress under the planning grant, a budget for use of the funds to complete the re- quired activities described in paragraph (5), and such additional assurance and information as the Administrator determines to be essen- tial to ensure compliance with the grant pro- gram requirements. (5) Required activities A State partnership receiving a planning grant shall carry out the following: (A) Analyze State labor market informa- tion in order to create health care career pathways for students and adults, including dislocated workers. (B) Identify current and projected high de- mand State or regional health care sectors for purposes of planning career pathways.