Pub.L. 107-206 Making supplemental appropriations for further recovery from and response to terrorist attacks on the United States for the fiscal year ending September 30, 2002, and for other purposes. <> ...

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[[Page 116 STAT. 811]]

Public Law 107-205
107th Congress

                                 An Act


 
     To amend the Public Health Service Act with respect to health 
          professions programs regarding the field of nursing.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Nurse Reinvestment 
Act.>> assembled,

SECTION 1. <<NOTE: 42 USC 201 note.>> SHORT TITLE.

    This Act may be cited as the ``Nurse Reinvestment Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                       TITLE I--NURSE RECRUITMENT

Sec. 101. Definitions.
Sec. 102. Public service announcements regarding the nursing profession.
Sec. 103. National Nurse Service Corps.

                        TITLE II--NURSE RETENTION

Sec. 201. Building career ladders and retaining quality nurses.
Sec. 202. Comprehensive geriatric education.
Sec. 203. Nurse faculty loan program.
Sec. 204. Reports by General Accounting Office.

                       TITLE I--NURSE RECRUITMENT

SEC. 101. DEFINITIONS.

    Section 801 of the Public Health Service Act (42 U.S.C. 296) is 
amended by adding at the end the following:
            ``(9) Ambulatory surgical center.--The term `ambulatory 
        surgical center' has the meaning applicable to such term under 
        title XVIII of the Social Security Act.
            ``(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.
            ``(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.

[[Page 116 STAT. 812]]

            ``(13) Hospice program.--The term `hospice program' has the 
        meaning given such term in section 1861(dd)(2) of the Social 
        Security Act.
            ``(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.
            ``(15) Skilled nursing facility.--The term `skilled nursing 
        facility' has the meaning given such term in section 1819(a) of 
        the Social Security Act.''.

SEC. 102. PUBLIC SERVICE ANNOUNCEMENTS REGARDING THE NURSING PROFESSION.

    Title VIII of the Public Health Service Act (42 U.S.C. 296 et seq.) 
is amended by adding at the end the following:

                 ``PART H--PUBLIC SERVICE ANNOUNCEMENTS

``SEC. 851. PUBLIC SERVICE <<NOTE: 42 USC 297w.>> ANNOUNCEMENTS.

    ``(a) In General.--The Secretary shall develop and issue public 
service announcements that advertise and promote the nursing profession, 
highlight the advantages and rewards of nursing, and encourage 
individuals to enter the nursing profession.
    ``(b) Method.--The public service announcements described in 
subsection (a) shall be broadcast through appropriate media outlets, 
including television or radio, in a manner intended to reach as wide and 
diverse an audience as possible.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary for 
each of fiscal years 2003 through 2007.

``SEC. 852. STATE AND LOCAL PUBLIC SERVICE <<NOTE: 42 USC 
            297x.>> ANNOUNCEMENTS.

    ``(a) In General.--The Secretary may award grants to eligible 
entities to support State and local advertising campaigns through 
appropriate media outlets to promote the nursing profession, highlight 
the advantages and rewards of nursing, and encourage individuals from 
disadvantaged backgrounds to enter the nursing profession.
    ``(b) Use of Funds.--An eligible entity that receives a grant under 
subsection (a) shall use funds received through such grant to acquire 
local television and radio time, place advertisements in local 
newspapers, or post information on billboards or on the Internet in a 
manner intended to reach as wide and diverse an audience as possible, in 
order to--
            ``(1) advertise and promote the nursing profession;
            ``(2) promote nursing education programs;
            ``(3) inform the public of financial assistance regarding 
        such education programs;
            ``(4) highlight individuals in the community who are 
        practicing nursing in order to recruit new nurses; or
            ``(5) provide any other information to recruit individuals 
        for the nursing profession.

    ``(c) Limitation.--An eligible entity that receives a grant under 
subsection (a) shall not use funds received through such grant to 
advertise particular employment opportunities.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary for 
each of fiscal years 2003 through 2007.''.

[[Page 116 STAT. 813]]

SEC. 103. NATIONAL NURSE SERVICE CORPS.

    (a) Loan Repayment Program.--Section 846(a) of the Public Health 
Service Act (42 U.S.C. 297n(a)) is amended--
            (1) in paragraph (3), by striking ``in an Indian Health 
        Service health center'' and all that follows to the semicolon 
        and inserting ``at a health care facility with a critical 
        shortage of nurses''; and
            (2) by adding at the end the following: ``After fiscal year 
        2007, the Secretary may not, pursuant to any agreement entered 
        into under this subsection, assign a nurse to any private entity 
        unless that entity is nonprofit.''.

    (b) Establishment of Scholarship Program.--Section 846 of the Public 
Health Service Act (42 U.S.C. 297n) is amended--
            (1) in the heading for the section, by striking ``loan 
        repayment program'' and inserting ``loan repayment and 
        scholarship programs'';
            (2) by redesignating subsections (d), (f), (g), and (h) as 
        subsections (f), (h), (i), and (g), respectively;
            (3) by transferring subsections (f) and (g) (as so 
        redesignated) from their current placements, by inserting 
        subsection (f) after subsection (e), and by inserting subsection 
        (g) after subsection (f) (as so inserted); and
            (4) by inserting after subsection (c) the following 
        subsection:

    ``(d) Scholarship Program.--
            ``(1) <<NOTE: Contracts.>> In general.--The Secretary shall 
        (for fiscal years 2003 and 2004) and may (for fiscal years 
        thereafter) carry out a program of entering into contracts with 
        eligible individuals under which such individuals agree to serve 
        as nurses for a period of not less than 2 years at a health care 
        facility with a critical shortage of nurses, in consideration of 
        the Federal Government agreeing to provide to the individuals 
        scholarships for attendance at schools of nursing.
            ``(2) Eligible individuals.--In this subsection, the term 
        `eligible individual' means an individual who is enrolled or 
        accepted for enrollment as a full-time or part-time student in a 
        school of nursing.
            ``(3) Service requirement.--
                    ``(A) In general.--The Secretary may not enter into 
                a contract with an eligible individual under this 
                subsection unless the individual agrees to serve as a 
                nurse at a health care facility with a critical shortage 
                of nurses for a period of full-time service of not less 
                than 2 years, or for a period of part-time service in 
                accordance with subparagraph (B).
                    ``(B) Part-time service.--An individual may complete 
                the period of service described in subparagraph (A) on a 
                part-time basis if the individual has a written 
                agreement that--
                          ``(i) is entered into by the facility and the 
                      individual and is approved by the Secretary; and
                          ``(ii) provides that the period of obligated 
                      service will be extended so that the aggregate 
                      amount of service performed will equal the amount 
                      of service that would be performed through a 
                      period of full-time service of not less than 2 
                      years.
            ``(4) Applicability of certain provisions.--The provisions 
        of subpart III of part D of title III shall, except as 
        inconsistent

[[Page 116 STAT. 814]]

        with this section, apply to the program established in paragraph 
        (1) in the same manner and to the same extent as such provisions 
        apply to the National Health Service Corps Scholarship Program 
        established in such subpart.''.

    (c) Preference.--Section 846(e) of the Public Health Service Act (42 
U.S.C. 297n(e)) is amended by striking ``under subsection (a)'' and all 
that follows through the period and inserting ``under subsection (a) or 
(d), the Secretary shall give preference to qualified applicants with 
the greatest financial need.''.
    (d) Reports.--Subsection (h) of section 846 of the Public Health 
Service Act (42 U.S.C. 297n) (as redesignated by subsection (b)(2)) is 
amended to read as follows:
    ``(h) <<NOTE: Deadline.>>  Reports.--Not later than 18 months after 
the date of enactment of the Nurse Reinvestment Act, and annually 
thereafter, the Secretary shall prepare and submit to the Congress a 
report describing the programs carried out under this section, including 
statements regarding--
            ``(1) the number of enrollees, scholarships, loan 
        repayments, and grant recipients;
            ``(2) the number of graduates;
            ``(3) the amount of scholarship payments and loan repayments 
        made;
            ``(4) which educational institution the recipients attended;
            ``(5) the number and placement location of the scholarship 
        and loan repayment recipients at health care facilities with a 
        critical shortage of nurses;
            ``(6) the default rate and actions required;
            ``(7) the amount of outstanding default funds of both the 
        scholarship and loan repayment programs;
            ``(8) to the extent that it can be determined, the reason 
        for the default;
            ``(9) the demographics of the individuals participating in 
        the scholarship and loan repayment programs;
            ``(10) justification for the allocation of funds between the 
        scholarship and loan repayment programs; and
            ``(11) an evaluation of the overall costs and benefits of 
        the programs.''.

    (e) Funding.--Subsection (i) of section 846 of the Public Health 
Service Act (42 U.S.C. 297n) (as redesignated by subsection (b)(2)) is 
amended to read as follows:
    ``(i) Funding.--
            ``(1) Authorization of appropriations.--For the purpose of 
        payments under agreements entered into under subsection (a) or 
        (d), there are authorized to be appropriated such sums as may be 
        necessary for each of fiscal years 2003 through 2007.
            ``(2) Allocations.--Of the amounts appropriated under 
        paragraph (1), the Secretary may, as determined appropriate by 
        the Secretary, allocate amounts between the program under 
        subsection (a) and the program under subsection (d).''.

[[Page 116 STAT. 815]]

                        TITLE II--NURSE RETENTION

SEC. 201. BUILDING CAREER LADDERS AND RETAINING QUALITY NURSES.

    Section 831 of the Public Health Service Act (42 U.S.C. 296p) is 
amended to read as follows:

``SEC. 831. NURSE EDUCATION, PRACTICE, AND RETENTION GRANTS.

    ``(a) Education Priority Areas.--The Secretary may award grants to 
or enter into contracts with eligible entities for--
            ``(1) expanding the enrollment in baccalaureate nursing 
        programs;
            ``(2) developing and implementing internship and residency 
        programs to encourage mentoring and the development of 
        specialties; or
            ``(3) providing education in new technologies, including 
        distance learning methodologies.

    ``(b) Practice Priority Areas.--The Secretary may award grants to or 
enter into contracts with eligible entities for--
            ``(1) establishing or expanding nursing practice 
        arrangements in noninstitutional settings to demonstrate methods 
        to improve access to primary health care in medically 
        underserved communities;
            ``(2) providing care for underserved populations and other 
        high-risk groups such as the elderly, individuals with HIV/AIDS, 
        substance abusers, the homeless, and victims of domestic 
        violence;
            ``(3) providing managed care, quality improvement, and other 
        skills needed to practice in existing and emerging organized 
        health care systems; or
            ``(4) developing cultural competencies among nurses.

    ``(c) Retention Priority Areas.--The Secretary may award grants to 
and enter into contracts with eligible entities to enhance the nursing 
workforce by initiating and maintaining nurse retention programs 
pursuant to paragraph (1) or (2).
            ``(1) Grants for career ladder programs.--The Secretary may 
        award grants to and enter into contracts with eligible entities 
        for programs--
                    ``(A) to promote career advancement for nursing 
                personnel in a variety of training settings, cross 
                training or specialty training among diverse population 
                groups, and the advancement of individuals including to 
                become professional nurses, advanced education nurses, 
                licensed practical nurses, certified nurse assistants, 

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