42 U.S.C. § 294o — Advisory Council on Graduate Medical

Page 1049 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 294o amendment of part D of this subchapter by Pub. L. 91–696. AMENDMENTS 2020—Subsec. (e)(1)(A). Pub. L. 116–136, § 3401(9)(A), substituted ‘‘$5,663,000 for each of fiscal years 2021 through 2025’’ for ‘‘$7,500,000 for each of fiscal years 2010 through 2014’’. Subsec. (e)(2). Pub. L. 116–136, § 3401(9)(B), substituted ‘‘paragraph (1)’’ for ‘‘subsection (a)’’. 2010—Subsecs. (b) to (e). Pub. L. 111–148, § 5103(a)(1), (2), added subsecs. (b) to (d), redesignated former sub- sec. (c) as (e), and struck out former subsec. (b) which related to award of grants or contracts. Subsec. (e)(1). Pub. L. 111–148, § 5103(a)(3)(A), added par. (1) and struck out former par. (1). Prior to amend- ment, text read as follows: ‘‘There are authorized to be appropriated to carry out this section, $750,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 through 2002.’’ Subsec. (e)(2). Pub. L. 111–148, § 5103(a)(4), which di- rected amendment of ‘‘paragraph (2)’’, without speci- fying the subsec. to be amended, by substituting ‘‘para- graph (1)’’ for ‘‘subsection (a)’’, could not be executed. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Pub. L. 111–148, title V, § 5103(b), Mar. 23, 2010, 124 Stat. 605, provided that: ‘‘Not later than 180 days after the date of enactment of this Act [Mar. 23, 2010], the re- sponsibilities and resources of the National Center for Health Workforce Analysis, as in effect on the date be- fore the date of enactment of this Act, shall be trans- ferred to the National Center for Health Care Work- force Analysis established under section 761 of the Pub- lic Health Service Act [42 U.S.C. 294n], as amended by subsection (a).’’ § 294o. Advisory Council on Graduate Medical Education (a) Establishment; duties There is established the Council on Graduate Medical Education (in this section referred to as the ‘‘Council’’). The Council shall— (1) make recommendations to the Secretary of Health and Human Services (in this section referred to as the ‘‘Secretary’’), and 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, with respect to— (A) the supply and distribution of physi- cians in the United States; (B) current and future shortages or ex- cesses of physicians in medical and surgical specialties and subspecialties; (C) issues relating to foreign medical school graduates; (D) appropriate Federal policies with re- spect to the matters specified in subpara- graphs (A), (B), and (C), including policies concerning changes in the financing of un- dergraduate and graduate medical education programs and changes in the types of med- ical education training in graduate medical education programs; (E) appropriate efforts to be carried out by hospitals, schools of medicine, schools of os- teopathic medicine, and accrediting bodies with respect to the matters specified in sub- paragraphs (A), (B), and (C), including ef- forts for changes in undergraduate and grad- uate medical education programs; and (F) deficiencies in, and needs for improve- ments in, existing data bases concerning the supply and distribution of, and postgraduate training programs for, physicians in the United States and steps that should be taken to eliminate those deficiencies; (2) encourage entities providing graduate medical education to conduct activities to vol- untarily achieve the recommendations of the Council under paragraph (1)(E); (3) develop, publish, and implement perform- ance measures for programs under this sub- chapter, except for programs under part C or D; (4) develop and publish guidelines for longi- tudinal evaluations (as described in section 294n(d)(2) of this title) for programs under this subchapter, except for programs under part C or D; and (5) recommend appropriation levels for pro- grams under this subchapter, except for pro- grams under part C or D. (b) Composition The Council shall be composed of— (1) the Assistant Secretary for Health or the designee of the Assistant Secretary; (2) the Administrator of the Centers for Medicare & Medicaid Services; (3) the Chief Medical Director of the Depart- ment of Veterans Affairs; (4) the Administrator of the Health Re- sources and Services Administration; (5) 6 members appointed by the Secretary to include representatives of practicing primary care physicians, national and specialty physi- cian organizations, foreign medical graduates, and medical student and house staff associa- tions; (6) 4 members appointed by the Secretary to include representatives of schools of medicine and osteopathic medicine and public and pri- vate teaching hospitals; and (7) 4 members appointed by the Secretary to include representatives of health insurers, business, and labor. (c) Terms of appointed members (1) In general; staggered rotation Members of the Council appointed under paragraphs (4), (5), and (6) of subsection (b) shall be appointed for a term of 4 years, except that the term of office of the members first appointed shall expire, as designated by the Secretary at the time of appointment, 4 at the end of 1 year, 4 at the end of 2 years, 3 at the end of 3 years, and 3 at the end of 4 years. (2) Date certain for appointment The Secretary shall appoint the first mem- bers to the Council under paragraphs (4), (5), and (6) of subsection (b) within 60 days after October 13, 1992. (d) Chair The Council shall elect one of its members as Chairman of the Council. (e) Quorum Nine members of the Council shall constitute a quorum, but a lesser number may hold hear- ings. Page 1050 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 294o 1 So in original. Probably should be ‘‘travel time,’’. (f) Vacancies Any vacancy in the Council shall not affect its power to function. (g) Compensation Each member of the Council who is not other- wise employed by the United States Government shall receive compensation at a rate equal to the daily rate prescribed for GS–18 under the General Schedule under section 5332 of title 5 for each day, including traveltime,1 such member is engaged in the actual performance of duties as a member of the Council. A member of the Council who is an officer or employee of the United States Government shall serve without addi- tional compensation. All members of the Coun- cil shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties. (h) Certain authorities and duties (1) Authorities In order to carry out the provisions of this section, the Council is authorized to— (A) collect such information, hold such hearings, and sit and act at such times and places, either as a whole or by sub- committee, and request the attendance and testimony of such witnesses and the produc- tion of such books, records, correspondence, memoranda, papers, and documents as the Council or such subcommittee may consider available; and (B) request the cooperation and assistance of Federal departments, agencies, and in- strumentalities, and such departments, agencies, and instrumentalities are author- ized to provide such cooperation and assist- ance. (2) Coordination of activities The Council shall coordinate its activities with the activities of the Secretary under sec- tion 295k of this title. The Secretary shall, in cooperation with the Council and pursuant to the recommendations of the Council, take such steps as are practicable to eliminate defi- ciencies in the data base established under section 295k of this title and shall make avail- able in its reports such comprehensive data sets as are developed pursuant to this section. (i) Reports Not later than September 30, 2023, and not less than every 5 years thereafter, the Council shall submit to the Secretary, and to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a re- port on the recommendations described in sub- section (a). (j) Funding Amounts otherwise appropriated under this subchapter may be utilized by the Secretary to support the activities of the Council. (July 1, 1944, ch. 373, title VII, § 762, formerly Pub. L. 102–408, title III, § 301, Oct. 13, 1992, 106 Stat. 2080, as amended Pub. L. 102–531, title III, § 313(b), Oct. 27, 1992, 106 Stat. 3507; renumbered § 762 of act July 1, 1944, and amended Pub. L. 105–392, title I, § 104(b), Nov. 13, 1998, 112 Stat. 3552; Pub. L. 107–251, title V, § 502, Oct. 26, 2002, 116 Stat. 1664; Pub. L. 111–148, title V, § 5103(d)(3), Mar. 23, 2010, 124 Stat. 606; Pub. L. 116–136, div. A, title III, § 3401(10), Mar. 27, 2020, 134 Stat. 386.) Editorial Notes CODIFICATION Section was formerly set out as a note under section 295k of this title prior to renumbering by Pub. L. 105–392. PRIOR PROVISIONS A prior section 294o, act July 1, 1944, ch. 373, title VII, § 777, as added Pub. L. 102–408, title I, § 102, Oct. 13, 1992, 106 Stat. 2052, authorized grants and contracts for im- provement of training in geriatrics, prior to the general amendment of this part by Pub. L. 105–392. Another prior section 294o, act July 1, 1944, ch. 373, title VII, § 742, as added Sept. 24, 1963, Pub. L. 88–129, § 2(b), 77 Stat. 172; amended Oct. 22, 1965, Pub. L. 89–290, § 4(c), 79 Stat. 1057; Nov. 2, 1966, Pub. L. 89–709, § 3(e), 80 Stat. 1103; Nov. 3, 1966, Pub. L. 89–751, § 5(b), 80 Stat. 1232; Aug. 16, 1968, Pub. L. 90–490, title I, § 121(b), 82 Stat. 778; July 9, 1971, Pub. L. 92–52, § 1(a), 85 Stat. 144; Nov. 18, 1971, Pub. L. 92–157, title I, § 105(a), (f)(2), 85 Stat. 449, 451; Aug. 23, 1974, Pub. L. 93–385, § 2(a), 88 Stat. 741; Apr. 22, 1976, Pub. L. 94–278, title XI, § 1105(a), 90 Stat. 416; Oct. 12, 1976, Pub. L. 94–484, title I, § 101(e), title IV, §§ 404, 406(d), 90 Stat. 2244, 2267, 2268; Aug. 13, 1981, Pub. L. 97–35, title XXVII, § 2734, 95 Stat. 920; Oct. 22, 1985, Pub. L. 99–129, title II, § 209(g), 99 Stat. 534; Nov. 6, 1990, Pub. L. 101–527, § 5(c), 104 Stat. 2323, provided for au- thorization of appropriations for purpose of making Federal contributions into student loan funds, prior to the general amendment of this subchapter by Pub. L. 102–408. See section 292y of this title. A prior section 762 of act July 1, 1944, was classified to section 295a of this title prior to repeal by Pub. L. 99–129. Another prior section 762 of act July 1, 1944, was clas- sified to section 295a of this title prior to the general amendment of part D of this subchapter by Pub. L. 91–696. AMENDMENTS 2020—Subsec. (a)(1). Pub. L. 116–136, § 3401(10)(A), sub- stituted ‘‘Committee on Health, Education, Labor, and Pensions’’ for ‘‘Committee on Labor and Human Re- sources’’ in introductory provisions. Subsec. (b)(2). Pub. L. 116–136, § 3401(10)(B)(i), sub- stituted ‘‘Centers for Medicare & Medicaid Services’’ for ‘‘Health Care Financing Administration’’. Subsec. (b)(4) to (7). Pub. L. 116–136, § 3401(10)(B)(ii), (iii), added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively. Subsecs. (i) to (l). Pub. L. 116–136, § 3401(10)(C), (D), added subsec. (i), redesignated subsec. (l) as (j), and struck out former subsecs. (i) to (k) which related to requirement regarding reports, final report, and termi- nation of the Council, respectively. 2010—Subsec. (a)(3) to (5). Pub. L. 111–148 added pars. (3) to (5). 2002—Subsec. (k). Pub. L. 107–251 substituted ‘‘2003’’ for ‘‘2002’’. 1998—Subsec. (j). Pub. L. 105–392, § 104(b)(1), sub- stituted ‘‘2002’’ for ‘‘1995’’. Subsec. (k). Pub. L. 105–392, § 104(b)(2), substituted ‘‘2002’’ for ‘‘1995’’. Subsec. (l). Pub. L. 105–392, § 104(b)(3), added subsec. (l). 1992—Subsec. (a)(2). Pub. L. 102–531 substituted ‘‘vol- untarily’’ for ‘‘voluntary’’. Page 1051 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 294p Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. Reference to Chief Medical Director of Department of Veterans Affairs deemed to refer to Under Secretary for Health of Department of Veterans Affairs pursuant to section 302(e) of Pub. L. 102–405, set out as a note under section 305 of Title 38, Veterans’ Benefits. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–531 effective immediately after enactment of Pub. L. 102–408, see section 313(c) of Pub. L. 102–531, set out as a note under section 292y of this title. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. FUNDING FOR COUNCIL ON GRADUATE MEDICAL EDUCATION Pub. L. 112–74, div. F, title II, § 215, Dec. 23, 2011, 125 Stat. 1085, provided that: ‘‘Notwithstanding any other provisions of law, discretionary funds made available in this Act [div. F of Pub. L. 112–74, see Tables for classi- fication] may be used to continue operating the Coun- cil on Graduate Medical Education established by sec- tion 301 of Public Law 102–408 [now section 762 of act July 1, 1944, which is classified to this section].’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 111–117, div. D, title II, § 216, Dec. 16, 2009, 123 Stat. 3259. Pub. L. 111–8, div. F, title II, § 216, Mar. 11, 2009, 123 Stat. 782. Pub. L. 110–161, div. G, title II, § 217, Dec. 26, 2007, 121 Stat. 2187. Pub. L. 109–149, title II, § 219, Dec. 30, 2005, 119 Stat. 2861. Pub. L. 108–447, div. F, title II, § 218, Dec. 8, 2004, 118 Stat. 3141. Pub. L. 108–199, div. E, title II, § 219, Jan. 23, 2004, 118 Stat. 255. § 294p. Training for health care providers (a) Grant program The Secretary shall establish a program to award grants to accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs for the training of health care professionals to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may af- fect the approach to, and provision of, care. (b) Eligibility To be eligible for a grant under subsection (a), an entity described in such subsection shall sub- mit to the Secretary an application at such time, in such manner, and containing such in- formation as the Secretary may require. (c) Reporting requirements (1) Periodic grantee reports Each entity awarded a grant under this sec- tion shall periodically submit to the Secretary a report on the status of activities conducted using the grant, including a description of the impact of such training on patient outcomes, as applicable. (2) Report to Congress Not later than September 30, 2026, the Sec- retary shall submit a report to Congress on the activities conducted using grants under subsection (a) and any best practices identi- fied and disseminated under subsection (d). (d) Best practices The Secretary may identify and disseminate best practices for the training described in sub- section (a). (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027. (July 1, 1944, ch. 373, title VII, § 763, as added Pub. L. 117–103, div. P, title I, § 132, Mar. 15, 2022, 136 Stat. 795.) Editorial Notes PRIOR PROVISIONS A prior section 294p, act July 1, 1944, ch. 373, title VII, § 763, as added Pub. L. 106–310, div. A, title III, § 301(b), Oct. 17, 2000, 114 Stat. 1111, related to pediatric rheumatologists, prior to repeal by Pub. L. 117–103, div. P, title I, § 132, Mar. 15, 2022, 136 Stat. 795. Another prior section 294p, act July 1, 1944, ch. 373, title VII, § 778, as added Pub. L. 102–408, title I, § 102, Oct. 13, 1992, 106 Stat. 2054, authorized grants and con- tracts to assist provision of health care in rural areas, prior to the general amendment of this part by Pub. L. 105–392. Another prior section 294p, act July 1, 1944, ch. 373, title VII, § 743, as added Sept. 24, 1963, Pub. L. 88–129, § 2(b), 77 Stat. 172; amended Oct. 22, 1965, Pub. L. 89–290, § 4(d), 79 Stat. 1057; Nov. 3, 1966, Pub. L. 89–751, § 5(c)(2), (3), 80 Stat. 1233; Aug. 16, 1968, Pub. L. 90–490, title I, § 121(c), 82 Stat. 778; July 9, 1971, Pub. L. 92–52, § 1(b), 85 Stat. 144; Nov. 18, 1971, Pub. L. 92–157, title I, § 105(e)(2), (f)(2), 85 Stat. 451; Oct. 12, 1976, Pub. L. 94–484, title IV, §§ 405, 406(e), 90 Stat. 2267, 2268; Aug. 13, 1981, Pub. L. 97–35, title XXVII, § 2736, 95 Stat. 920; Oct. 22, 1985, Pub. L. 99–129, title II, § 209(i), 99 Stat. 536; Nov. 4, 1988, Pub. L. 100–607, title VI, § 603(d), 102 Stat. 3125, related to dis- tribution of assets from loan funds, prior to the general amendment of this subchapter by Pub. L. 102–408. See section 292x of this title. A prior section 763 of act July 1, 1944, was classified to section 294b of this title prior to the general amend- ment of part D of this subchapter by Pub. L. 105–392. Another prior section 763 of act July 1, 1944, was clas- sified to section 295b of this title prior to repeal by Pub. L. 99–129. Another prior section 763 of act July 1, 1944, was clas- sified to section 295b of this title prior to the general amendment of former part D of this subchapter by Pub. L. 91–696.