42 U.S.C. § 297t (THE PUBLIC HEALTH AND WELFARE)
§ 297t. National Advisory Council on Nurse Education and Practice
(a) Establishment
The Secretary shall establish an advisory council to be known as the National Advisory Council on Nurse Education and Practice (in this section referred to as the “Advisory Council”).
(b) Composition
(1) In general
The Advisory Council shall be composed of—
(A) not less than 21, nor more than 23 individuals, who are not officers or employees of the Federal Government, appointed by the Secretary without regard to the Federal civil service laws, of which—
(i) 2 shall be selected from full-time students enrolled in schools of nursing;
(ii) 2 shall be selected from the general public;
(iii) 2 shall be selected from practicing professional nurses; and
(iv) 9 shall be selected from among the leading authorities in the various fields of nursing, higher, secondary education, and associate degree schools of nursing, and from representatives of advanced education nursing groups (such as nurse practitioners, nurse midwives, nurse anesthetists, and clinical nurse specialists), hospitals, and other institutions and organizations which provide nursing services; and
(B) the Secretary (or the delegate of the Secretary (who shall be an ex officio member and shall serve as the Chairperson)).
(2) Appointment
Not later than 90 days after November 13, 1998, the Secretary shall appoint the members of the Advisory Council and each such member shall serve a 4 year term. In making such appointments, the Secretary shall ensure a fair balance between the nursing professions, a broad geographic representation of members and a balance between urban and rural members. Members shall be appointed based on their competence, interest, and knowledge of the mission of the profession involved. A majority of the members shall be nurses.
(3) Minority representation
In appointing the members of the Advisory Council under paragraph (1), the Secretary shall ensure the adequate representation of minorities.
(c) Vacancies
(1) In general
A vacancy on the Advisory Council shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment.
(2) Filling unexpired term
An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.
(d) Duties
The Advisory Council shall—
(1) provide advice and recommendations to the Secretary and Congress concerning policy matters arising in the administration of this subchapter, including the range of issues relating to the nurse workforce, education, and practice improvement;
(2) provide advice to the Secretary and Congress in the preparation of general regulations and with respect to policy matters arising in the administration of this subchapter, including the range of issues relating to nurse supply, education and practice improvement; and
(3) not later than 2 years after the date of enactment of the Title VIII Nursing Reauthorization Act,1 and annually thereafter, prepare and submit to the Secretary, 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 describing the activities of the Council, including findings and recommendations made by the Council concerning the activities under this subchapter.
(e) Meetings and documents
(1) Meetings
The Advisory Council shall meet not less than 2 times each year. Such meetings shall be held jointly with other related entities established under this subchapter where appropriate.
(2) Documents
Not later than 14 days prior to the convening of a meeting under paragraph (1), the Advisory Council shall prepare and make available an agenda of the matters to be considered by the Advisory Council at such meeting. At any such meeting, the Advisory Council shall distribute materials with respect to the issues to be addressed at the meeting. Not later than 30 days after the adjourning of such a meeting, the Advisory Council shall prepare and make available a summary of the meeting and any actions taken by the Council based upon the meeting.
(f) Compensation and expenses
(1) Compensation
Each member of the Advisory Council shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5 for each day (including travel time) during which such member is engaged in the performance of the duties of the Council. All members of the Council who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.
(2) Expenses
The members of the Advisory Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the Council.
(g) Funding
Amounts appropriated for carrying out parts B, C, and D may be utilized by the Secretary to support the nurse education and practice activities of the Council.
(h) FACA
The Federal Advisory Committee Act shall apply to the Advisory Committee under this section only to the extent that the provisions of such Act do not conflict with the requirements of this section.
(July 1, 1944, ch. 373, title VIII, § 851, formerly § 845, as added Pub. L. 105–392, title I, § 123(5), Nov. 13, 1998, 112 Stat. 3572; renumbered § 851, Pub. L. 111–148, title V, § 5310(b)(8)(A), Mar. 23, 2010, 124 Stat. 631; amended Pub. L. 116–136, div. A, title III, § 3404(a)(11), Mar. 27, 2020, 134 Stat. 394.)
heading: References in Text
text: The date of enactment of the Title VIII Nursing Reauthorization Act, referred to in subsec. (d)(3), probably means the date of the enactment of S. 1399 of the 116th Congress, which was not enacted into law but which contained a predecessor provision to section 3404(a)(11) of Pub. L. 116–136, which amended this section and was approved Mar. 27, 2020. Section 1 of S. 1399, as reported to the Senate on Nov. 5, 2019, provided that: “This Act may be cited as the ‘Title VIII Nursing Workforce Reauthorization Act of 2019’.”
The Federal Advisory Committee Act, referred to in subsec. (h), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Codification
text: November 13, 1998, referred to in subsec. (b)(2), was in the original “the date of enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 105–392, which enacted this part, to reflect the probable intent of Congress.
heading: Prior Provisions
text: A prior section 851 of act July 1, 1944, was renumbered section 861 and classified to section 297w of this title, prior to repeal by Pub. L. 116–136.
Another prior section 851 of act July 1, 1944, was classified to section 298 of this title, prior to repeal by Pub. L. 105–392.
heading: Amendments
text: 2020—Subsec. (b)(1)(A)(iv). Pub. L. 116–136, § 3404(a)(11)(A), substituted “nurse anesthetists, and clinical nurse specialists” for “and nurse anesthetists”.
Subsec. (d)(3). Pub. L. 116–136, § 3404(a)(11)(B), substituted “2 years after the date of enactment of the Title VIII Nursing Reauthorization Act” for “3 years after November 13, 1998” and “Health, Education, Labor, and Pensions” for “Labor and Human Resources” and inserted “Energy and” before “Commerce”.
Subsec. (g). Pub. L. 116–136, § 3404(a)(11)(C), substituted “for carrying out parts B, C, and D” for “under this subchapter”.
heading: Termination of Advisory Committees
text: Pub. L. 93–641, § 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975.