Title 20EducationRelease 119-73not60

§1161d Capacity for Nursing Students and Faculty

Title 20 › Chapter 28— HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE › Subchapter IX— ADDITIONAL PROGRAMS › Part D— Capacity for Nursing Students and Faculty › § 1161d

Last updated Apr 5, 2026|Official source

Summary

The Secretary will give grants to colleges and universities that run accredited nursing programs so they can take in more students or train nurses for advanced practice and to become nursing teachers. Schools that want a grant must figure out the average number of enrolled nursing students for the four academic years before the year they are applying for, and put that number in an application. If a school partners with a hospital or health facility for graduate training, the students must already be registered nurses working toward a master’s or doctoral degree, have a contract with the hospital, use the hospital when clinical training is needed, keep at least part-time work and pay from the hospital, get flexible schedules or release time, and scholarship recipients must teach in an accredited nursing school for two years for each year of support. For each academic year after 2009–2010, a school’s grant equals $3,000 times how many more matriculated students it has that year than its four-year average. Each year, 20% of grant funds go to graduate-level/advanced practice programs, 40% to baccalaureate programs, and 40% to associate degree programs. The Secretary will try to spread awards fairly across regions and between urban and rural areas and may let schools use funds to buy distance-learning technology, collect outcome data, pay faculty or give scholarships and release time (up to 10% of funds). Money cannot pay to build new buildings but can fix or renovate existing ones. The program was funded starting in fiscal year 2009 and for the five years after that. “Health facility” lists many types of clinics and hospitals. “Accredited” and “school of nursing” follow the Public Health Service Act, section 801.

Full Legal Text

Title 20, §1161d

Education — Source: USLM XML via OLRC

(a)From the amounts appropriated under subsection (f), the Secretary shall award grants to institutions of higher education that offer—
(1)an accredited registered nursing program at the baccalaureate or associate degree level to enable such program to expand the faculty and facilities of such program to accommodate additional students in such program; or
(2)an accredited graduate-level nursing program to accommodate advanced practice degrees for registered nurses or to accommodate students enrolled in such program to become teachers of nursing students.
(b)Each institution of higher education that offers a program described in subsection (a) that desires to receive a grant under this section shall—
(1)determine, for the four academic years preceding the academic year for which the determination is made, the average number of matriculated nursing program students, in each of the institution’s accredited associate, baccalaureate, or advanced nursing degree programs at such institution for such academic years;
(2)submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including the average number in each of the institution’s accredited nursing programs determined under paragraph (1); and
(3)with respect to the partnerships described in subsection (c)(2)(B), provide assurances that—
(A)the individuals enrolled in the program will—
(i)be registered nurses in pursuit of a master’s or doctoral degree in nursing; and
(ii)have a contractual obligation with the hospital or health facility that is in partnership with the institution of higher education;
(B)the hospital or health facility of employment will be the clinical site for the accredited school of nursing program, if the program requires a clinical site;
(C)individuals enrolled in the program will—
(i)maintain their employment on at least a part-time basis with the hospital or health facility that allowed them to participate in the program; and
(ii)receive an income from the hospital or health facility, as at least a part-time employee, and release times or flexible schedules, to accommodate their program requirements, as necessary; and
(D)upon completion of the program, recipients of scholarships described in subsection (c)(2)(B)(ii)(III) will be required to teach for two years in an accredited school of nursing for each year of support the individual received under this section.
(c)(1)For each academic year after academic year 2009–2010, the Secretary is authorized to provide to each institution of higher education awarded a grant under this section an amount that is equal to $3,000 multiplied by the number by which—
(A)the number of matriculated nursing program students at such institution for such academic year, exceeds
(B)the average number determined with respect to such institution under subsection (b)(1).
(2)(A)Subject to subparagraph (D), from the funds available to award grants under this section for each fiscal year, the Secretary shall—
(i)use 20 percent of such funds to award grants under this section to institutions of higher education for the purpose of accommodating advanced practice degrees or students in accredited graduate-level nursing programs;
(ii)use 40 percent of such funds to award grants under this section to institutions of higher education for the purpose of expanding accredited registered nurse programs at the baccalaureate degree level; and
(iii)use 40 percent of such funds to award grants under this section to institutions of higher education for the purpose of expanding accredited registered nurse programs at the associate degree level.
(B)Grants awarded under this section may be used to support partnerships with hospitals or health facilities to—
(i)improve the alignment between nursing education and the emerging challenges of health care delivery by—
(I)the purchase of distance learning technologies and expanding methods of delivery of instruction to include alternatives to onsite learning; and
(II)the collection, analysis, and dissemination of data on educational outcomes and best practices identified through the activities described in this section; and
(ii)ensure that students can earn a salary while obtaining an advanced degree in nursing with the goal of becoming nurse faculty by—
(I)funding release time for qualified nurses enrolled in the graduate nursing program;
(II)providing for faculty salaries; or
(III)providing scholarships to qualified nurses in pursuit of an advanced degree with the goal of becoming faculty members in an accredited nursing program.
(C)In awarding grants under this section, the Secretary shall consider the following:
(i)Providing an equitable geographic distribution of such grants.
(ii)Distributing such grants to urban and rural areas.
(iii)Ensuring that the activities to be assisted are developed for a range of types and sizes of institutions of higher education, including institutions providing alternative methods of delivery of instruction in addition to on-site learning.
(D)If, for a fiscal year, funds described in clause (i), (ii), or (iii) of subparagraph (A) remain available after the Secretary awards grants under this section to all applicants for the particular category of accredited nursing programs described in such clause, the Secretary shall use equal amounts of the remaining funds to award grants under this section to applicants that applied under the other categories of nursing programs.
(E)Of the amount appropriated to carry out this section, the Secretary may award not more than ten percent of such amount for the optional purposes under subparagraph (B).
(d)For purposes of this section:
(1)The term “health facility” means an Indian health service 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, or an ambulatory surgical center.
(2)The terms “accredited” and “school of nursing” have the meanings given those terms in section 801 of the Public Health Service Act (42 U.S.C. 296).
(e)(1)Funds provided under this section may not be used for the construction of new facilities.
(2)Nothing in paragraph (1) shall be construed to prohibit funds provided under this section from being used for the repair or renovation of facilities.
(f)There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2009—Subsec. (d). Pub. L. 111–39 substituted “Definitions” for “Definition” in heading, added par. (2), and struck out former par. (2). Prior to amendment, text read as follows: “The terms ‘accredited school of nursing’ and ‘accredited nursing program’ have the meaning given those terms in section 296 of title 42.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Reference

Citations & Metadata

Citation

20 U.S.C. § 1161d

Title 20Education

Last Updated

Apr 5, 2026

Release point: 119-73not60