§296e — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must award grants and contracts by competition when appropriate to fund new nursing projects or add nursing workers where the country needs them. These awards focus on three goals: fixing nurse shortages and poor nurse distribution (including training nursing students), improving access and quality of care by training nurses in community and other health settings, and carrying out other Secretary-designated priorities. Grant and contract recipients must give the information the Secretary asks for. The Secretary will do yearly evaluations and will only keep funding programs that show they meet required performance outcomes. Training paid for with these funds must meet accreditation and quality standards. Payments for any one award generally cannot go on for more than 5 years, must be approved each year, and depend on annual appropriations, but an organization can receive multiple awards. Most grant applications (except advanced nurse traineeship grants) must be approved by a peer review group made mainly of non‑federal experts with diverse membership; HRSA runs this process. The Secretary must also carry out broad and discipline‑specific workforce studies and align activities with related federal, state, or regional nursing plans when possible. Eligible applicants include nursing and health schools, academic centers, governments, nonprofits, and, if the Secretary allows, for‑profit entities. By September 30, 2020, and every two years after, the Secretary must report to the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Energy and Commerce on how well these programs are meeting goals and coordinating with other federal departments.

Title 42, §296e

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

(a)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 address national nursing needs, including—

(1)addressing challenges, including through supporting training and education of nursing students, related to the distribution of the nursing workforce and existing or projected nursing workforce shortages in geographic areas that have been identified as having, or that are projected to have, a nursing shortage;

(2)increasing access to and the quality of health care services, including by supporting the training of professional registered nurses, advanced practice registered nurses, and advanced education nurses within community based settings and in a variety of health delivery system settings; or

(3)addressing the strategic goals and priorities identified by the Secretary and that are in accordance with this subchapter.

(b)(1)Recipients of grants and contracts under this subchapter shall meet information requirements as specified by the Secretary.

(2)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 the reporting of data and information demonstrating that satisfactory progress has been made by the program or project in meeting the performance outcome standards (as described in section 296a of this title) of such program or project.

(c)Training programs conducted with amounts received under this subchapter shall meet applicable accreditation and quality standards.

(d)(1)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)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)(1)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)Each peer review group under this subsection shall be composed principally of individuals who are not officers or employees of the Federal Government, and have relevant expertise and experience. 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)This subsection shall be carried out by the Secretary acting through the Administrator of the Health Resources and Services Administration.

(f)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;

(B)the workforce diversity activities under part C; and

(C)basic nursing education and practice activities under part D.

(g)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)(1)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 entities as determined appropriate by the Secretary in accordance with this subchapter.

(2)Notwithstanding paragraph (1), a for-profit entity may be eligible for a grant or contract under this subchapter as determined appropriate by the Secretary.

(i)Not later than September 30, 2020, and biennially thereafter, the Secretary shall submit 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 that contains an assessment of the programs and activities of the Department of Health and Human Services related to enhancing the nursing workforce, including the extent to which programs and activities under this subchapter meet the identified goals and performance measures developed for the respective programs and activities, and the extent to which the Department coordinates with other Federal departments regarding programs designed to improve the nursing workforce.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 296e, act

July 1, 1944, ch. 373, title VIII, § 810, formerly § 806, as added Sept. 4, 1964, Pub. L. 88–581, § 2, 78 Stat. 912; amended Dec. 5, 1967, Pub. L. 90–174, § 12(a), 81 Stat. 541; Aug. 16, 1968, Pub. L. 90–490, title II, § 211, 82 Stat. 781; Nov. 18, 1971, Pub. L. 92–158, § 4(a), 85 Stat. 470; renumbered § 810 and amended

July 29, 1975, Pub. L. 94–63, title IX, §§ 902(b), 915(a)–(c), 916(a), (b), 941(e), 89 Stat. 354, 356, 358, 365; Aug. 1, 1977, Pub. L. 95–83, title III, § 307(o)(1)–(4), 91 Stat. 393; Sept. 29, 1979, Pub. L. 96–76, title I, § 104, 93 Stat. 579, set forth provisions relating to computation, requirements, etc., respecting grants for institutional support, 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. (a). Pub. L. 116–136, § 3404(a)(4)(A), substituted “as needed to address national nursing needs, including—”, pars. (1) to (3), and concluding provisions for “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.” Subsec. (b)(2). Pub. L. 116–136, § 3404(a)(4)(B), substituted “the reporting of data and information demonstrating that satisfactory progress has been made by the program or project in meeting the performance outcome standards (as described in section 296a of this title) of such program or project.” for “a demonstration that satisfactory progress has been made by the program or project in meeting the objectives of the program or project.” Subsec. (e)(2). Pub. L. 116–136, § 3404(a)(4)(C), inserted “, and have relevant expertise and experience” before period at end of first sentence. Subsec. (i). Pub. L. 116–136, § 3404(a)(4)(D), added subsec. (i).

§296e Generally applicable provisions