health workforce goals and objectives related to cur-
rent and emerging issues related to the overall 
health workforce; and 
(5) provide States with national leadership, ac-
countability, and flexibility to address specific health 
workforce needs. 
SEC. 3. NATIONAL HEALTH WORKFORCE ADVISORY COUN-
CIL. 
Section 762 of the Public Health Service Act (42 
U.S.C. 294o) is amended to read as follows: 
‘‘SEC. 762. NATIONAL HEALTH WORKFORCE ADVISORY 
COUNCIL. 
‘‘(a) ESTABLISHMENT.—There is established the Na-
tional Health Workforce Advisory Council. 
‘‘(b) DUTIES.—The Council shall— 
‘‘(1) make recommendations to the Secretary of 
Health and Human Services, the Secretary of Labor, 
the Secretary of Education, the Secretary of Vet-
erans Affairs, the Committee on Health, Education, 
Labor, and Pensions of the Senate, the Committee 
on Finance of the Senate, the Committee on Energy 
and Commerce of the House of Representatives, and 
the Committee on Ways and Means of the House of 
Representatives with respect to— 
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‘‘(A) the supply and distribution of the 
health workforce in the United States; 
‘‘(B) current and future shortages or ex-
cesses of health workforce professionals, includ-
ing specialists and subspecialists; 
‘‘(C) issues relating to foreign medical 
school graduates and graduates of foreign 
schools of nursing; 
‘‘(D) appropriate Federal policies with re-
spect to the matters specified in subparagraphs 
(A), (B), and (C), including— 
‘‘(i) policies concerning changes in the 
financing of undergraduate and graduate 
medical education programs; and 
‘‘(ii) changes in the types of medical 
education training in career, technical, and 
postsecondary education, including grad-
uate medical education programs; 
‘‘(E) appropriate efforts to be carried out 
by hospitals and career, technical, and postsec-
ondary education programs, including schools of 
medicine, schools of osteopathic medicine, 
schools of public health, schools of allied health, 
and accrediting bodies, with respect to the mat-
ters specified in subparagraphs (A), (B), and 
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(C), including efforts for changes in under-
graduate and graduate medical education pro-
grams; 
‘‘(F) deficiencies in, and needs for im-
provements in, existing databases concerning 
the supply and distribution of, and career, tech-
nical, and postsecondary education training pro-
grams for, health workforce professionals in the 
United States and steps that should be taken to 
eliminate those deficiencies; 
‘‘(G) factors in the health care environ-
ment which may impact decisions of practi-
tioners in selecting certain specialty areas, in-
cluding malpractice insurance costs, on-call 
time, and income levels; 
‘‘(H) incentives to encourage primary care 
practice in underserved areas; and 
‘‘(I) appropriate levels or percentages of 
funds under section 781 (relating to health 
workforce investment grants) for specific pro-
fessions based on evolving health workforce 
needs, including whether the percentage of 
funds reserved for nursing programs under sec-
tion 781(c)(2) remains appropriate; and 
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‘‘(2) encourage entities providing graduate med-
ical education to conduct activities to voluntarily 
achieve the recommendations of the Council under 
paragraph (1)(E). 
‘‘(c) COMPOSITION.—The Council shall be composed 
of— 
‘‘(1) the Assistant Secretary for Health (or the 
Assistant Secretary’s designee); 
‘‘(2) the Administrator of the Centers for Medi-
care & Medicaid Services; 
‘‘(3) the official designated by the Secretary to 
administer section 781 (relating to health workforce 
investment grants); 
‘‘(4) the Chief Medical Director of the Depart-
ment of Veterans Affairs; 
‘‘(5) 15 members appointed by the Secretary to 
include representatives of practicing health and pub-
lic health workforce professionals, national and spe-
cialty health profession organizations, foreign med-
ical graduates, and health workforce student associa-
tions; 
‘‘(6) 10 members appointed by the Secretary to 
include representatives of schools of medicine and 
osteopathic medicine, schools of nursing, allied 
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health schools, other health workforce training pro-
grams, and public and private teaching hospitals; 
‘‘(7) 4 members appointed by the Secretary to 
include representatives of health insurers, business, 
and labor; 
‘‘(8) the Assistant Secretary for the Employ-
ment and Training Administration of the Depart-
ment of Labor (or the Assistant Secretary’s des-
ignee); and 
‘‘(9) the Secretary of Education (or the Sec-
retary’s designee). 
‘‘(d) TERMS OF APPOINTED MEMBERS.— 
‘‘(1) IN
GENERAL; STAGGERED
ROTATION.— 
Members of the Council appointed under paragraphs 
(5), (6), and (7) 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 des-
ignated by the Secretary at the time of appointment, 
as follows: 8 at the end of 1 year, 7 at the end of 
2 years, 7 at the end of 3 years, and 7 at the end 
of 4 years. 
‘‘(2) DATE CERTAIN FOR APPOINTMENT.—The 
Secretary shall appoint the first members to the 
Council under paragraphs (5), (6), and (7) of sub-
section (b) within 60 days after the date of the en-
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actment of the Health Workforce Investment Act of 
2009. 
‘‘(e) CHAIR.—The Council shall elect one of its mem-
bers as Chairman of the Council. 
‘‘(f) COOPERATION.—The Council shall carry out this 
section in cooperation with the Council on Graduate Med-
ical Education established by section 762, the National 
Advisory Council on the National Health Service Corps 
established by section 337, the Advisory Committee on 
Training in Primary Care Medicine and Dentistry estab-
lished pursuant to section 748, the Advisory Committee 
on Interdisciplinary, Community-Based Linkages estab-
lished pursuant to section 756, and the National Advisory 
Council on Nurse Education and Practice established pur-
suant to section 845. 
‘‘(g) QUORUM.—Eighteen members of the Council 
shall constitute a quorum, but a lesser number may hold 
hearings. 
‘‘(h) VACANCIES.—Any vacancy in the Council shall 
not affect its power to function. 
‘‘(i) COMPENSATION.—Each member of the Council 
who is not otherwise employed by the United States Gov-
ernment shall receive compensation at a rate equal to the 
daily rate prescribed for GS–18 under the General Sched-
ule under section 5332 of title 5, United States Code, for 
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each day, including traveltime, 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 perform-
ance of their duties. 
‘‘(j) CERTAIN AUTHORITIES AND DUTIES.— 
‘‘(1) AUTHORITIES.—In order to carry out the 
provisions of this section— 
‘‘(A) the Council is authorized to 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 at-
tendance and testimony of such witnesses and 
the production of such books, records, cor-
respondence, memoranda, papers, and docu-
ments as the Council or such subcommittee 
may consider available; and 
‘‘(B) the Council is authorized to request 
the cooperation and assistance of Federal de-
partments, agencies, and instrumentalities, and 
such departments, agencies, and instrumental-
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ities are authorized to provide such cooperation 
and assistance. 
‘‘(2) 
COORDINATION
OF
ACTIVITIES.—The 
Council shall coordinate its activities with the activi-
ties of the Secretary under section 792. The Sec-
retary shall, in cooperation with the Council and 
pursuant to the recommendations of the Council, 
take such steps as are practicable to eliminate defi-
ciencies in the data base established under section 
792 and shall make available in reports such com-
prehensive data sets as are developed pursuant to 
this section. 
‘‘(k) REPORTS.—Not later than 2 years after the 
date of the enactment of the Health Workforce Investment 
Act of 2009, and annually thereafter, the Council shall 
submit a report to each official and committee listed in 
the matter preceding subparagraph (A) in subsection 
(b)(1) containing— 
‘‘(1) a description of the Council’s actions dur-
ing the period for which the report is made; and 
‘‘(2) each of the recommendations required by 
subsection (b). 
‘‘(l) DEFINITIONS.—In this section: 
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‘‘(1) The term ‘Council’ means the National 
Health Workforce Advisory Council established by 
subsection (a). 
‘‘(2) The term ‘health workforce’ has the mean-
ing given to such term in section 781. 
‘‘(3) The term ‘Secretary’ means the Secretary 
of Health and Human Services unless otherwise 
specified. 
‘‘(m) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section, there are authorized to be appro-
priated such sums as may be necessary for each of fiscal 
years 2009 through 2013.’’. 
SEC. 4. NATIONAL CENTER FOR HEALTH WORKFORCE IN-
FORMATION AND ANALYSIS. 
Section 792 of the Public Health Service Act (42 
U.S.C. 295k) is amended to read as follows: 
‘‘SEC. 792. NATIONAL CENTER FOR HEALTH WORKFORCE 
INFORMATION AND ANALYSIS. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department of Health and Human Services the National 
Center for Health Workforce Information and Analysis (in 
this section referred to as the ‘Center’), which shall be 
under the direction of a director who shall conduct and 
support statistical and epidemiological activities for the 
purpose of assessing and improving the supply, distribu-
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tion, diversity, and development of the health workforce 
in the United States. 
‘‘(b) CERTAIN AUTHORITIES AND REQUIREMENTS.— 
In carrying out subsection (a), the Secretary, acting 
through the Director of the Center, shall— 
‘‘(1) regularly collect statistics on— 
‘‘(A) the supply and projected demand, 
along with projected shortages and surpluses, of 
the health workforce by health profession, spe-
cialty, and geographic location; 
‘‘(B) the diversity of the health workforce 
by health profession, specialty, and geographic 
location; and 
‘‘(C) the supply and projected demand, 
along with projected shortages and surpluses, of 
the health workforce serving minority groups by 
health profession, specialty, and geographic lo-
cation; 
‘‘(2) establish a uniform health workforce data 
reporting system, which may include a system of 
unique identifiers for various provider groups; 
‘‘(3) undertake and support (by grant or con-
tract) research, demonstrations, and evaluations re-
specting new or improved methods for obtaining cur-
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rent data on the matters referred to in paragraph 
(1); 
‘‘(4) undertake and support (by grant or con-
tract) research, demonstrations, and evaluations on 
the matters referred to in paragraph (1); and 
‘‘(5) coordinate efforts with the National Center 
for Health Statistics and the Bureau of Labor Sta-
tistics. 
‘‘(c) GRANTS AND CONTRACTS.—The Secretary may 
make grants and enter into contracts with States (or an 
appropriate nonprofit private entity in any State) for car-
rying out the activities referred to in paragraphs (1) 
through (3). The Secretary shall determine the amount 
and scope of any such grant or contract. To be eligible 
for any such grant or contract, a State or entity shall sub-
mit an application in such form and manner and con-
taining such information as the Secretary may require. 
Such application shall include reasonable assurances, sat-
isfactory to the Secretary, that— 
‘‘(1) such State or entity will establish a pro-
gram of mandatory annual registration of the health 
workforce personnel who reside or practice in such 
State and of health institutions licensed by such 
State, which registration shall include such informa-
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tion as the Secretary may determine to be appro-
priate; 
‘‘(2) such State or entity will collect and report 
to the Secretary such information in such form and 
manner as the Secretary may prescribe; and 
‘‘(3) such State or entity will comply with the 
requirements of subsection (e). 
‘‘(d) REPORT TO CONGRESS.—The Secretary shall 
submit to the Congress not later than October 1, 2010, 
and biennially thereafter, a comprehensive report regard-
ing the status of the health workforce according to profes-
sion, including a report regarding the analytic and descrip-
tive studies conducted under this section. 
‘‘(e) 
REQUIREMENTS
REGARDING
PERSONAL 
DATA.— 
‘‘(1) IN
GENERAL.—The Secretary and each 
program entity shall in securing and maintaining 
any record of individually identifiable personal data 
(hereinafter in this subsection referred to as ‘per-
sonal data’) for purposes of this section— 
‘‘(A) inform any individual who is asked to 
supply personal data whether he is legally re-
quired, or may refuse, to supply such data and 
inform him of any specific consequences, known 
to the Secretary or program entity, as the case 
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may be, of providing or not providing such 
data; 
‘‘(B) upon request, inform any individual if 
he is the subject of personal data secured or 
maintained by the Secretary or program entity, 
as the case may be, and make the data avail-
able to him in a form comprehensible to him; 
‘‘(C) assure that no use is made of per-
sonal data which use is not within the purposes 
of this section unless an informed consent has 
been obtained from the individual who is the 
subject of such data; and 
‘‘(D) upon request, inform any individual 
of the use being made of personal data respect-
ing such individual and of the identity of the in-
dividuals and entities which will use the data 
and their relationship to the programs under 
this section. 
‘‘(2) CONSENT AS PRECONDITION TO DISCLO-
SURE.—Any entity which maintains a record of per-
sonal data and which receives a request from the 
Secretary or a program entity for such data for pur-
poses of this section shall not transfer any such data 
to the Secretary or to a program entity unless the 
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individual whose personal data is to be so trans-
ferred gives an informed consent for such transfer. 
‘‘(3) DISCLOSURE BY SECRETARY.— 
‘‘(A) Notwithstanding any other provision 
of law, personal data collected by the Secretary 
or any program entity under this section may 
not be made available or disclosed by the Sec-
retary or any program entity to any person 
other than the individual who is the subject of 
such data unless (i) such person requires such 
data for purposes of this section, or (ii) in re-
sponse to a demand for such data made by 
means of compulsory legal process. Any indi-
vidual who is the subject of personal data made 
available or disclosed under clause (ii) shall be 
notified of the demand for such data. 
‘‘(B) Subject to all applicable laws regard-
ing confidentiality, only the data collected by 
the Secretary under this section which is not 
personal data shall be made available to bona 
fide researchers and policy analysts (including 
the Congress) for the purposes of assisting in 
the conduct of studies respecting health profes-
sions personnel. 
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‘‘(4) DEFINITION.—For purposes of this sub-
section, the term ‘program entity’ means any public 
or private entity which collects, compiles, or analyzes 
health professions data under a grant, contract, or 
other arrangement with the Secretary under this 
section. 
‘‘(f) TECHNICAL ASSISTANCE.—The Secretary shall 
provide technical assistance to the States and political 
subdivisions thereof in the development of systems (includ-
ing model laws) concerning confidentiality and com-
parability of data collected pursuant to this section. 
‘‘(g) DATA ON HEALTH WORKFORCE PERSONNEL.— 
In carrying out subsection (b), the Secretary may make 
grants, or enter into contracts and cooperative agreements 
with, and provide technical assistance to, a nonprofit enti-
ty in order to establish a uniform health workforce data 
reporting system to collect, compile, and analyze data on 
health workforce personnel. 
‘‘(h) DEFINITION.—In this section, the term ‘health 
workforce’ has the meaning given to such term in section 
781. 
‘‘(i) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section, there are authorized to be appro-
priated such sums as may be necessary for each of fiscal 
years 2009 through 2013.’’. 
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SEC. 5. HEALTH WORKFORCE INVESTMENT GRANTS. 
Title VII of the Public Health Service Act (42 U.S.C. 
292 et seq.) is amended— 
(1) by redesignating part F as part G; and 
(2) by inserting after section 770 the following: 
‘‘PART F—HEALTH WORKFORCE INVESTMENT 
GRANTS 
‘‘SEC. 781. HEALTH WORKFORCE INVESTMENT GRANTS. 
‘‘(a) FORMULA GRANTS TO STATES.— 
‘‘(1) IN GENERAL.—For the purposes described 
in paragraph (2), the Secretary shall make an allot-
ment each fiscal year for each State in an amount 
determined in accordance with subsection (d). The 
Secretary shall make a grant to the State of the al-
lotment made for the State for the fiscal year if the 
State submits to the Secretary an application in ac-
cordance with subsection (b). 
‘‘(2) PURPOSES OF GRANTS.—A funding agree-
ment for a grant under paragraph (1) is that the 
State involved will expend the grant for the purposes 
of— 
‘‘(A) ensuring access to health services for 
all individuals, particularly those with low in-
comes or limited access to health services, 
through an adequate health workforce; 
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‘‘(B) improving the supply, distribution, di-
versity, and development of the health work-
force, taking into consideration the supply, dis-
tribution, and diversity of health workforce pro-
fession specialties and subspecialties; 
‘‘(C) creating State-specific health work-
force goals and objectives consistent with health 
status goals and national health workforce ob-
jectives developed under subsection (h); and 
‘‘(D) during the first 12-month period 
funded through the grant, establishing or desig-
nating a State health workforce planning entity 
to establish statewide processes for State health 
workforce planning, State health workforce data 
collection, policy recommendations, and State 
resource allocations. 
‘‘(3) PURPOSES OF NATIONAL PROGRAM.—The 
Secretary shall carry out this section in a manner 
designed— 
‘‘(A) to identify innovations in approaches 
to improving the supply, distribution, diversity, 
and development of the health workforce, taking 
into consideration specialties and subspecialties; 
‘‘(B) to develop national goals and objec-
tives for improving the supply, distribution, di-
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versity, and development of the health work-
force, including specialties and subspecialties; 
and 
‘‘(C) to develop and expand programs de-
signed to ensure access to health workforce pro-
fessionals for an aging population. 
‘‘(b) APPLICATION FOR GRANT.—For purposes of 
subsection (a)(1), an application for a grant is in accord-
ance with this subsection if each of the following is met: 
‘‘(1) USE OF FUNDS.—The application includes 
each funding agreement required by this section, in-
cluding an assurance that all funds received through 
the grant will be used for the purposes described in 
subsection (a)(2). 
‘‘(2) STATEWIDE
NEEDS
ASSESSMENT.—The 
application includes a statewide needs assessment 
that— 
‘‘(A) will be updated not less than every 5 
years; and 
‘‘(B) identifies— 
‘‘(i) long-term State-specific health 
workforce goals and objectives consistent 
with health status goals and national 
health 
workforce 
objectives 
developed 
under subsection (h); and 
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‘‘(ii) projected needs related to the 
supply, distribution, diversity, and develop-
ment of the State health workforce. 
‘‘(3) ANNUAL PLANS.—The application includes 
a plan to meet the goals and objectives, and address 
the needs, identified under the statewide needs as-
sessment described in paragraph (2), and such 
plan— 
‘‘(A) will be updated on an annual basis; 
and 
‘‘(B) includes strategies related to— 
‘‘(i) collaboration between— 
‘‘(I) State departments of labor, 
health, education, higher education, 
veterans affairs, environment, and 
professional licensure; and 
‘‘(II) State health workforce in-
vestment boards; 
‘‘(ii) State data collection; 
‘‘(iii) State Medicaid and Medicare 
policies; and 
‘‘(iv) State health professions licen-
sure and regulation. 
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‘‘(4) DESCRIPTION OF FUNDING USE.—The ap-
plication includes a description of how funds received 
through the grant will be used— 
‘‘(A) in accordance with subparagraphs (A) 
and (B) of subsection (a)(2), to ensure access 
to health services for all individuals and to im-
prove the supply, distribution, diversity, and de-
velopment of the health workforce, such as 
through programs related to— 
‘‘(i) health workforce training and 
education capacity; 
‘‘(ii) the health care safety net work-
force, including health centers under sec-
tion 330; 
‘‘(iii) provider cultural competency; 
‘‘(iv) health workforce diversity; 
‘‘(v) health workforce pipeline develop-
ment; 
‘‘(vi) health workforce retention; 
‘‘(vii) health workforce faculty recruit-
ment; 
‘‘(viii) health workforce faculty reten-
tion; 
‘‘(ix) health workforce career ladders; 
‘‘(x) public awareness; and 
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‘‘(xi) health workforce scholarship and 
loan repayment programs; 
‘‘(B) to create State-specific health work-
force goals and objectives in accordance with 
subsection (a)(2)(C) and to develop annual 
plans in accordance with paragraph (3) of this 
subsection to meet such goals and objectives; 
and 
‘‘(C) during the first 12-month period 
funded through the grant, to establish or des-
ignate in accordance with subsection (a)(2)(D) 
a State health workforce planning entity to es-
tablish statewide processes for State health 
workforce planning, State health workforce data 
collection, policy recommendations, and State 
resource allocations. 
‘‘(5) DEVELOPMENT
OF
APPLICATION.—The 
application— 
‘‘(A) is developed by or in consultation 
with the State agency that will be responsible 
for administering the program; and 
‘‘(B) is made publicly available during its 
development or after its submission to the Sec-
retary in order to facilitate public comment. 
‘‘(c) ADDITIONAL GRANT REQUIREMENTS.— 
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‘‘(1) RESTRICTIONS
ON
USE
OF
GRANTS.—A 
funding agreement for a grant under subsection 
(a)(1) is that the State involved will not use the 
grant— 
‘‘(A) to provide health services (other than 
health services provided as part of a health 
training program); 
‘‘(B) to make payments to for-profit 
schools; or 
‘‘(C) to provide matching funds to satisfy 
a condition for the receipt of other Federal 
funds. 
‘‘(2) NURSING PROGRAMS.—A funding agree-
ment for a grant under subsection (a)(1) is that the 
State involved will expend at least 25 percent of the 
funds received through the grant for programs re-
lated to nursing (including registered nurses and li-
censed practical nurses) and advanced practice nurs-
ing (including nurse practitioners, certified reg-
istered nurse anesthetists, certified nurse midwives, 
clinical nurse specialists, doctorates of nursing prac-
tice, and clinical nurse leaders). 
‘‘(3) ADMINISTRATION
AND
EVALUATION.—A 
funding agreement for a grant under subsection 
(a)(1) is that the State involved will expend not 
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more than 10 percent of the funds received through 
the grant on administration and evaluation. 
‘‘(4) STATE AGENCY.—A funding agreement for 
a grant under subsection (a)(1) is that the State in-
volved will designate a lead State agency to admin-
ister the grant, including by— 
‘‘(A) coordinating State activities under 
the grant with State administration of Medicaid 
and Medicare, including policies related to reim-
bursement and graduate medical education pay-
ments; and 
‘‘(B) coordinating State activities under 
the grant with related activities of other Fed-
eral grantees within the State, including State 
workforce boards, community health center 
grantees, and recipients of grants from the 
Substance and Mental Health Services Adminis-
tration and the Health Resources and Services 
Administration. 
‘‘(5) ANNUAL REPORTS.— 
‘‘(A) IN GENERAL.—A funding agreement 
for a grant under subsection (a)(1) is that the 
State involved will submit annual reports to the 
Secretary— 
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‘‘(i) detailing activities carried out 
through the grant in a standardized man-
ner that enables the Secretary to evaluate 
the activities and compare performance rel-
ative to other States; and 
‘‘(ii) describing the extent to which 
the State has met its long-term State-spe-
cific health workforce goals and objectives 
identified 
pursuant 
to 
subsection 
(b)(2)(B)(i). 
‘‘(B) CONTENTS.—Each report under sub-
paragraph (A) must include— 
‘‘(i) information on the status of the 
State’s health workforce by profession, spe-
cialty, and geographic location, including 
such information on— 
‘‘(I) the supply of the State’s 
health workforce, including with re-
spect to primary care providers, 
nurses, long-term care workers, den-
tists, and allied health professionals; 
and 
‘‘(II) the diversity of the State’s 
health workforce; 
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