§294o — Title 42 The Public Health and Welfare | U.S. Code

§294o Advisory Council on Graduate Medical Education

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER V— - HEALTH PROFESSIONS EDUCATION › Part Part E— - Health Professions and Public Health Workforce › Subpart subpart 1— - health professions workforce information and analysis › § 294o

Last updated Apr 6, 2026|Official source

Summary

Creates a Council on Graduate Medical Education to advise the HHS Secretary and two Congressional committees about doctors in the United States. The Council must recommend actions on how many doctors we need and where they should work, shortages or surpluses in specialties, issues with doctors trained abroad, federal policies like funding and training changes, what hospitals and schools should do, and how to fix weak data about doctor supply and training. The Council must also encourage training programs to follow its advice, make and use performance measures and evaluation guidelines for most programs under the law (except parts C and D), and suggest funding levels for those programs. The Council has 18 members: the Assistant Secretary for Health (or a designee), the Administrator of CMS, the VA Chief Medical Director, the HRSA Administrator, six Secretary‑appointed members representing primary care doctors, physician organizations, foreign medical graduates, and trainees, four Secretary‑appointed members from medical schools and teaching hospitals, and four Secretary‑appointed members from insurers, business, and labor. Appointed members serve 4‑year terms; first appointees had staggered expirations (4 after 1 year, 4 after 2 years, 3 after 3 years, 3 after 4 years) and the Secretary had to make first appointments within 60 days after October 13, 1992. Nine members make a quorum; vacancies do not stop work. Non‑government members get the GS‑18 daily rate under section 5332 of title 5 for each day of work, including travel time; government members get no extra pay; all are reimbursed for travel and other necessary expenses. The Council can gather information, hold hearings, request witnesses and documents, and ask federal agencies for help. It must coordinate with the Secretary under section 295k, who must work with the Council to fix data gaps and share data. The Council must report to the Secretary and the two committees by September 30, 2023, and at least every 5 years after that. Existing appropriations under this subchapter may be used to support the Council.

Title 42, §294o

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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 Representatives, with respect to—

(A)the supply and distribution of physicians in the United States;

(B)current and future shortages or excesses of physicians in medical and surgical specialties and subspecialties;

(C)issues relating to foreign medical school graduates;

(D)appropriate Federal policies with respect to the matters specified in subparagraphs (A), (B), and (C), including policies concerning changes in the financing of undergraduate and graduate medical education programs and changes in the types of medical education training in graduate medical education programs;

(E)appropriate efforts to be carried out by hospitals, schools of medicine, schools of osteopathic medicine, and accrediting bodies with respect to the matters specified in subparagraphs (A), (B), and (C), including efforts for changes in undergraduate and graduate medical education programs; and

(F)deficiencies in, and needs for improvements 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 voluntarily achieve the recommendations of the Council under paragraph (1)(E);

(3)develop, publish, and implement performance measures for programs under this subchapter, except for programs under part C or D;

(4)develop and publish guidelines for longitudinal 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 programs under this subchapter, except for programs under part C or D.

(b)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 Department of Veterans Affairs;

(4)the Administrator of the Health Resources and Services Administration;

(5)6 members appointed by the Secretary to include representatives of practicing primary care physicians, national and specialty physician organizations, foreign medical graduates, and medical student and house staff associations;

(6)4 members appointed by the Secretary to include representatives of schools of medicine and osteopathic medicine and public and private teaching hospitals; and

(7)4 members appointed by the Secretary to include representatives of health insurers, business, and labor.

(c)(1)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)The Secretary shall appoint the first members to the Council under paragraphs (4), (5), and (6) of subsection (b) within 60 days after October 13, 1992.

(d)The Council shall elect one of its members as Chairman of the Council.

(e)Nine members of the Council shall constitute a quorum, but a lesser number may hold hearings.

(f)Any vacancy in the Council shall not affect its power to function.

(g)Each member of the Council who is not otherwise 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,11 So in original. Probably should be “travel time,”. 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 additional compensation. All members of the Council shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties.

(h)(1)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 subcommittee, and request the attendance and testimony of such witnesses and the production 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 instrumentalities, and such departments, agencies, and instrumentalities are authorized to provide such cooperation and assistance.

(2)The Council shall coordinate its activities with the activities of the Secretary under section 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 deficiencies in the data base established under section 295k of this title and shall make available in its reports such comprehensive data sets as are developed pursuant to this section.

(i)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 report on the recommendations described in subsection (a).

(j)Amounts otherwise appropriated under this subchapter may be utilized by the Secretary to support the activities of the Council.

Notes & Related Subsidiaries

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 improvement 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 authorization 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 classified 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), substituted “Committee on Health, Education, Labor, and Pensions” for “Committee on Labor and Human Resources” in introductory provisions. Subsec. (b)(2). Pub. L. 116–136, § 3401(10)(B)(i), substituted “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 termination 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), substituted “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 “voluntarily” for “voluntary”.

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 Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives 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 AmendmentAmendment 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 RatesReferences 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 Organization 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 classification] may be used to continue operating the Council on Graduate Medical Education established by section 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.