Notes on 42 U.S.C. § 296 : US Code - Notes

Search Notes on 42 U.S.C. § 296 : US Code - Notes

(July 1, 1944, ch. 373, title VIII, Sec. 801, as added Pub. L. 105-
392, title I, Sec. 123(4), Nov. 13, 1998, 112 Stat. 3562; amended
Pub. L. 107-205, title I, Sec. 101, Aug. 1, 2002, 116 Stat. 811.)
REFERENCES IN TEXT
The Social Security Act, referred to in par. (9), is act Aug. 14,
1935, ch. 531, 49 Stat. 620, as amended. Title XVIII of the Act is
classified generally to subchapter XVIII (Sec. 1395 et seq.) of
chapter 7 of this title. For complete classification of this Act to
the Code, see section 1305 of this title and Tables.
PRIOR PROVISIONS
A prior section 296, act July 1, 1944, ch. 373, title VIII, Sec.
801 as added Sept. 4, 1964, Pub. L. 88-581, Sec. 2, 78 Stat. 908;
amended Nov. 3, 1966, Pub. L. 89-751, Sec. 8(a), 80 Stat. 1236;
Aug. 16, 1968, Pub. L. 90-490, title II, Sec. 201(a), 82 Stat. 780;
Nov. 18, 1971, Pub. L. 92-158, Sec. 2(a), 85 Stat. 465; July 29,
1975, Pub. L. 94-63, title IX, Secs. 902(a), 910(a)(1), 89 Stat.
354, 355; Sept. 29, 1979, Pub. L. 96-76, title I, Sec. 102, 93
Stat. 579, authorized appropriations for construction grants, prior
to repeal by Pub. L. 99-92, Secs. 9(a)(1), 10(a), Aug. 16, 1985, 99
Stat. 400, 402, effective Oct. 1, 1985.
AMENDMENTS
2002 - Pars. (9) to (15). Pub. L. 107-205 added pars. (9) to
(15).
SAVINGS PROVISION
Pub. L. 105-392, title I, Sec. 124, Nov. 13, 1998, 112 Stat.
3574, provided that: "In the case of any authority for making
awards of grants or contracts that is terminated by the amendment
made by section 123 [enacting sections 296, 296a to 296f, 296j,
296m, 296p, 297q, and 297t of this title, transferring section 298b-
2 of this title to section 296g of this title, and repealing
sections 296k to 296m, 296r, 297, 297-1, 297c, 298, 298a, 298b,
298b-1, 298b-3 to 298b-5, and 298b-7 of this title], the Secretary
of Health and Human Services may, notwithstanding the termination
of the authority, continue in effect any grant or contract made
under the authority that is in effect on the day before the date of
the enactment of this Act [Nov. 13, 1998], subject to the duration
of any such grant or contract not exceeding the period determined
by the Secretary in first approving such financial assistance, or
in approving the most recent request made (before the date of such
enactment) for continuation of such assistance, as the case may
be."
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.
REPORTS BY GOVERNMENT ACCOUNTABILITY OFFICE
Pub. L. 107-205, title II, Sec. 204, Aug. 1, 2002, 116 Stat. 818,
provided that:
"(a) National Variations. - Not later than 4 years after the date
of the enactment of this Act [Aug. 1, 2002], the Comptroller
General of the United States shall conduct a survey to determine
national variations in the nursing shortage at hospitals, nursing
homes, and other health care providers, and submit a report,
including recommendations, to the Congress on Federal remedies to
ease nursing shortages. The Comptroller General shall submit to the
Congress this report describing the findings relating to ownership
status and associated remedies.
"(b) Hiring Differences Among Certain Private Entities. - The
Comptroller General of the United States shall conduct a study to
determine differences in the hiring of nurses by nonprofit private
entities as compared to the hiring of nurses by private entities
that are not nonprofit. In carrying out the study, the Comptroller
General shall determine the effect of the inclusion of private
entities that are not nonprofit in the program under section 846 of
the Public Health Service Act [section 297n of this title]. Not
later than 4 years after the date of the enactment of this Act
[Aug. 1, 2002], the Comptroller General shall submit to the
Congress a report describing the findings of the study.
"(c) Nursing Scholarships. - The Comptroller General of the
United States shall conduct an evaluation of whether the program
carried out under section 846(d) of the Public Health Service Act
[section 297n(d) of this title] has demonstrably increased the
number of applicants to schools of nursing and, not later than 4
years after the date of the enactment of this Act [Aug. 1, 2002],
submit a report to the Congress on the results of such evaluation."
PURPOSE
Pub. L. 105-392, title I, Sec. 122, Nov. 13, 1998, 112 Stat.
3562, provided that: "It is the purpose of this subtitle [subtitle
B (Secs. 121-124) of title I of Pub. L. 105-392, see Short Title of
1998 Amendment note set out under section 201 of this title] to
restructure the nurse education authorities of title VIII of the
Public Health Service Act [this subchapter] to permit a
comprehensive, flexible, and effective approach to Federal support
for nursing workforce development."
INFORMATION RESPECTING SUPPLY AND DISTRIBUTION OF AND REQUIREMENTS
FOR NURSES; DETERMINATION PROCEDURES; SURVEYS AND COLLECTION OF
DATES; ANNUAL REPORT TO CONGRESS ON DETERMINATIONS, ETC.; REVIEW BY
OFFICE OF MANAGEMENT AND BUDGET OF REPORT PRIOR TO SUBMISSION
Section 951 of Pub. L. 94-63, as amended by Pub. L. 95-623, Sec.
12(h), Nov. 9, 1978, 92 Stat. 3457, provided that:
"(a)(1) Using procedures developed in accordance with paragraph
(3), the Secretary of Health, Education, and Welfare [now Health
and Human Services] (hereinafter in this section referred to as the
'Secretary') shall determine on a continuing basis -
"(A) the supply (both current and projected and within the
United States and within each State) of registered nurses,
licensed practical and vocational nurses, nurse's aides,
registered nurses with advanced training or graduate degrees, and
nurse practitioners;
"(B) the distribution within the United States and within each
State, of such nurses so as to determine (i) those areas of the
United States which are oversupplied or undersupplied, or which
have an adequate supply of such nurses in relation to the
population of the area, and (ii) the demand for the services
which such nurses provide; and
"(C) the current and future requirements for such nurses,
nationally and within each State.
"(2) The Secretary shall survey and gather data, on a continuing
basis, on -
"(A) the number and distribution of nurses, by type of
employment and location of practice;
"(B) the number of nurses who are practicing full time and
those who are employed part time, within the United States and
within each State;
"(C) the average rates of compensation for nurses, by type of
practice and location of practice;
"(D) the activity status of the total number of registered
nurses within the United States and within each State;
"(E) the number of nurses with advanced training or graduate
degrees in nursing, by specialty, including nurse practitioners,
nurse clinicians, nurse researchers, nurse educators, and nurse
supervisors and administrators; and
"(F) the number of registered nurses entering the United States
annually from other nations, by country of nurse training and by
immigrant status.
"(3) Within six months of the date of the enactment of this Act
[July 29, 1975], the Secretary shall develop procedures for
determining (on both a current and projected basis) the supply and
distribution of and requirements for nurses within the United
States and within each State.
"(b) Not later than October 1, 1979, and October 1 of each odd-
numbered year thereafter, the Secretary shall report to the
Congress -
"(1) his determinations under subsection (a)(1) and the data
gathered under subsection (a)(2);
"(2) an analysis of such determination and data; and
"(3) recommendations for such legislation as the Secretary
determines, based on such determinations and data, will achieve
(A) an equitable distribution of nurses within the United States
and within each State, and (B) adequate supplies of nurses within
the United States and within each State.
"(c) The Office of Management and Budget may review the
Secretary's report under subsection (b) before its submission to
the Congress, but the Office may not revise the report or delay its
submission, and it may submit to the Congress its comments (and
those of other departments or agencies of the Government)
respecting such report."