Part A - General Provisions

42 USC 296 - Definitions

As used in this subchapter:
(1) Eligible entities 
The term eligible entities means schools of nursing, nursing centers, academic health centers, State or local governments, and other public or private nonprofit">nonprofit entities determined appropriate by the Secretary that submit to the Secretary an application in accordance with section 296a of this title.
(2) School of nursing 
The term school of nursing means a collegiate, associate degree, or diploma school of nursing in a State.
(3) Collegiate school of nursing 
The term collegiate school of nursing means a department, division, or other administrative unit in a college or university which provides primarily or exclusively a program of education in professional nursing and related subjects leading to the degree of bachelor of arts, bachelor of science, bachelor of nursing, or to an equivalent degree, or to a graduate degree in nursing, or to an equivalent degree, and including advanced training related to such program of education provided by such school, but only if such program, or such unit, college or university is accredited.
(4) Associate degree school of nursing 
The term associate degree school of nursing means a department, division, or other administrative unit in a junior college, community college, college, or university which provides primarily or exclusively a two-year program of education in professional nursing and allied subjects leading to an associate degree in nursing or to an equivalent degree, but only if such program, or such unit, college, or university is accredited.
(5) Diploma school of nursing 
The term diploma school of nursing means a school affiliated with a hospital or university, or an independent school, which provides primarily or exclusively a program of education in professional nursing and allied subjects leading to a diploma or to equivalent indicia that such program has been satisfactorily completed, but only if such program, or such affiliated school or such hospital or university or such independent school is accredited.
(6) Accredited 

(A) In general 
Except as provided in subparagraph (B), the term accredited when applied to any program of nurse education means a program accredited by a recognized body or bodies, or by a State agency, approved for such purpose by the Secretary of Education and when applied to a hospital, school, college, or university (or a unit thereof) means a hospital, school, college, or university (or a unit thereof) which is accredited by a recognized body or bodies, or by a State agency, approved for such purpose by the Secretary of Education. For the purpose of this paragraph, the Secretary of Education shall publish a list of recognized accrediting bodies, and of State agencies, which the Secretary of Education determines to be reliable authority as to the quality of education offered.
(B) New programs 
A new program of nursing that, by reason of an insufficient period of operation, is not, at the time of the submission of an application for a grant or contract under this subchapter, eligible for accreditation by such a recognized body or bodies or State agency, shall be deemed accredited for purposes of this subchapter if the Secretary of Education finds, after consultation with the appropriate accreditation body or bodies, that there is reasonable assurance that the program will meet the accreditation standards of such body or bodies prior to the beginning of the academic year following the normal graduation date of students of the first entering class in such a program.
(7) Nonprofit 
The term nonprofit">nonprofit as applied to any school, agency, organization, or institution means one which is a corporation or association, or is owned and operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
(8) State 
The term State means a State, the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the Virgin Islands, or the Trust Territory of the Pacific Islands.
(9) Ambulatory surgical center 
The term ambulatory surgical center has the meaning applicable to such term under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.].
(10) Federally qualified health center 
The term Federally qualified health center has the meaning given such term under section 1861(aa)(4) of the Social Security Act [42 U.S.C. 1395x (aa)(4)].
(11) Health care facility 
The term health care facility means an Indian Health Service health center, a Native Hawaiian health center, a hospital, a Federally qualified health center, a rural health clinic, a nursing home, a home health agency, a hospice program, a public health clinic, a State or local department of public health, a skilled nursing facility, an ambulatory surgical center, or any other facility designated by the Secretary.
(12) Home health agency 
The term home health agency has the meaning given such term in section 1861(o) of the Social Security Act [42 U.S.C. 1395x (o)].
(13) Hospice program 
The term hospice program has the meaning given such term in section 1861(dd)(2) of the Social Security Act [42 U.S.C. 1395x (dd)(2)].
(14) Rural health clinic 
The term rural health clinic has the meaning given such term in section 1861(aa)(2) of the Social Security Act [42 U.S.C. 1395x (aa)(2)].
(15) Skilled nursing facility 
The term skilled nursing facility has the meaning given such term in section 1819(a) of the Social Security Act [42 U.S.C. 1395i–3 (a)].

42 USC 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 application that meets the requirements of this section, at such time, in such manner, and containing such information as the Secretary may require.
(b) Plan 
An application submitted under this section shall contain the plan of the applicant for carrying out a project with amounts received under this subchapter. Such plan shall be consistent with relevant Federal, State, or regional program 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 contract will be measured against. Such standards shall address relevant national nursing needs that the project will meet. 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 establish.

42 USC 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, faculty development, model demonstrations, trainee support including tuition, books, program fees and reasonable living expenses during the period of training, technical assistance, workforce analysis, and dissemination of information, 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 expended, the entity shall agree to maintain expenditures of non-Federal amounts for such activities 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.

42 USC 296c - Matching requirement

The Secretary may require that an entity that applies for a grant or contract under this subchapter provide non-Federal matching funds, as appropriate, to ensure the institutional commitment 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.

42 USC 296d - Preference

In awarding grants or contracts under this subchapter, the Secretary shall give preference to applicants with projects that will substantially benefit rural or underserved populations, or help meet public health nursing needs in State or local health departments.

42 USC 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 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 Secretary.
(b) Information requirements 

(1) In general 
Recipients of grants and contracts under this subchapter shall meet information requirements 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 a demonstration that satisfactory progress has been made by the program or project in meeting the objectives of the program or project.
(c) Training programs 
Training programs conducted with amounts received under this subchapter shall meet applicable 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 involved 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 relates 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 subchapter, 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 application for approval.
(2) Composition 
Each peer review group under this subsection shall be composed principally of individuals who are not officers or employees of the Federal Government. In providing for the establishment of peer review groups and procedures, the Secretary shall, except as otherwise provided, ensure sex, racial, ethnic, and geographic 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 Administration.
(f) Analytic activities 
The Secretary shall ensure that
(1) cross-cutting workforce analytical activities 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 carried out as part of
(A) the advanced education nursing activities under part B of this subchapter;
(B) the workforce diversity activities under part C of this subchapter; and
(C) basic nursing education and practice activities under part D of this subchapter.
(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 regional 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, academic health centers, State or local governments, or other appropriate public or private nonprofit">nonprofit entities as determined appropriate by the Secretary in accordance with this subchapter.
(2) For-profit entities 
Notwithstanding paragraph (1), a for-profit entity may be eligible for a grant or contract under this subchapter as determined appropriate by the Secretary.

42 USC 296e1 - Grants for health professions education

(a) Grants for health professions education in health disparities and cultural competency 
The Secretary, acting through the Administrator of the Health Resources and Services Administration, may make awards of grants, contracts, or cooperative agreements to eligible entities 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 disparities in health care outcomes and the provision of culturally competent health care. Grants under this section shall be the same as provided in section 293e of this title.
(b) Authorization of appropriations 
There are to be appropriated to carry out subsection (a) of this section such sums as may be necessary for each of the fiscal years 2001 through 2004.

42 USC 296f - Technical assistance

Funds appropriated under this subchapter may be used by the Secretary to provide technical assistance in relation to any of the authorities under this subchapter.

42 USC 296g - Prohibition against discrimination by schools on basis of sex

The Secretary may not make a grant, loan guarantee, or interest subsidy payment under this subchapter to, or for the benefit of, any school of nursing unless the application for the grant, loan guarantee, or interest subsidy payment contains assurances satisfactory to the Secretary that the school will not discriminate on the basis of sex in the admission of individuals to its training programs. The Secretary may not enter into a contract under this subchapter with any school unless the school furnishes assurances satisfactory to the Secretary that it will not discriminate on the basis of sex in the admission of individuals to its training programs.