Pub. L. 105-392, tit. I, subtit. A, sec. 106

GENERAL PROVISIONS.

EnactedYear: 1998Length: 1,368 wordsOfficial source
SEC. 106. GENERAL PROVISIONS. (a) In General.— (1) Part F of title VII of the Public Health Service Act (42 U.S.C. 295 et seq.) is repealed. (2) Part G of title VII of the Public Health Service Act (42 U.S.C. 295j et seq.) is amended— (A) by redesignating such part as part F; (B) in section 791 (42 U.S.C. 295j)— (i) by striking subsection (b); and (ii) redesignating subsection (c) as subsection (b); (C) by repealing section 793 (42 U.S.C. 295l); (D) by repealing section 798; (E) by redesignating section 799 as section 799B; and (F) by inserting after section 794, the following new sections: “SEC. 796. APPLICATION. “(a) In General.— To be eligible to receive a grant or contract under this title, an eligible entity shall prepare and submit to the Secretary an application that meets the requirements of this section, at such time, in such manner, and containing such information as the Secretary may require. “(b) Plan.— An application submitted under this section shall contain the plan of the applicant for carrying out a project with amounts received under this title. Such plan shall be consistent with relevant Federal, State, or regional health professions program plans. “(c) Performance Outcome Standards.— An application submitted under this section shall contain a specification by the applicant entity of performance outcome standards that the project to be funded under the grant or contract will be measured against. Such standards shall address relevant health workforce needs that the project will meet. The recipient of a grant or contract under this section shall meet the standards set forth in the grant or contract application. “(d) Linkages.— An application submitted under this section shall contain a description of the linkages with relevant educational and health care entities, including training programs for other health professionals as appropriate, that the project to be funded under the grant or contract will establish. To the extent practicable, grantees under this section shall establish linkages with healthcare providers who provide care for underserved communities and populations. “SEC. 797. USE OF FUNDS. “(a) In General.— Amounts provided under a grant or contract awarded under this title may be used for training program development and support, faculty development, model demonstrations, trainee support including tuition, books, program fees and reasonable living expenses during the period of training, technical assistance, workforce analysis, dissemination of information, and exploring new policy directions, as appropriate to meet recognized health workforce objectives, in accordance with this title. “(b) Maintenance of Effort.— With respect to activities for which a grant awarded under this title is to be expended, the entity shall agree to maintain expenditures of non-Federal amounts for such activities at a level that is not less than the level of 112 STAT. 3558such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives such a grant. “SEC. 798. MATCHING REQUIREMENT. “The Secretary may require that an entity that applies for a grant or contract under this title provide non-Federal matching funds, as appropriate, to ensure the institutional commitment of the entity to the projects funded under the grant. As determined by the Secretary, such non-Federal matching funds may be provided directly or through donations from public or private entities and may be in cash or in-kind, fairly evaluated, including plant, equipment, or services. “SEC. 799. GENERALLY APPLICABLE PROVISIONS. “(a) Awarding of Grants and Contracts.— The Secretary shall ensure that grants and contracts under this title are awarded on a competitive basis, as appropriate, to carry out innovative demonstration projects or provide for strategic workforce supplementation activities as needed to meet health workforce goals and in accordance with this title. Contracts may be entered into under this title with public or private entities as may be necessary. “(b) Eligible Entities.— Unless specifically required otherwise in this title, the Secretary shall accept applications for grants or contracts under this title from health professions schools, academic health centers, State or local governments, or other appropriate public or private nonprofit entities for funding and participation in health professions and nursing training activities. The Secretary may accept applications from for-profit private entities if determined appropriate by the Secretary. “(c) Information Requirements.— “(1) In general.— Recipients of grants and contracts under this title shall meet information requirements as specified by the Secretary. “(2) Data collection.— The Secretary shall establish procedures to ensure that, with respect to any data collection required under this title, such data is collected in a manner that takes into account age, sex, race, and ethnicity. “(3) Use of funds.— The Secretary shall establish procedures to permit the use of amounts appropriated under this title to be used for data collection purposes. “(4) Evaluations.— The Secretary shall establish procedures to ensure the annual evaluation of programs and projects operated by recipients of grants or contracts under this title. Such procedures shall ensure that continued funding for such programs and projects will be conditioned upon a demonstration that satisfactory progress has been made by the program or project in meeting the objectives of the program or project. “(d) Training Programs.— Training programs conducted with amounts received under this title shall meet applicable accreditation and quality standards. “(e) Duration of Assistance.— “(1) In general.— Subject to paragraph (2), in the case of an award to an entity of a grant, cooperative agreement, or contract under this title, the period during which payments are made to the entity under the award may not exceed 5 years. The provision of payments under the award shall be subject to annual approval by the Secretary of the payments and subject to the availability of appropriations for the fiscal 112 STAT. 3559year involved to make the payments. This paragraph may not be construed as limiting the number of awards under the program involved that may be made to the entity. “(2) Limitation.— In the case of an award to an entity of a grant, cooperative agreement, or contract under this title, paragraph (1) shall apply only to the extent not inconsistent with any other provision of this title that relates to the period during which payments may be made under the award. “(f) Peer Review Regarding Certain Programs.— “(1) In general.— Each application for a grant under this title, except any scholarship or loan program, including those under sections 701, 721, or 723, shall be submitted to a peer review group for an evaluation of the merits of the proposals made in the application. The Secretary may not approve such an application unless a peer review group has recommended the application for approval. “(2) Composition.— Each peer review group under this subsection shall be composed principally of individuals who are not officers or employees of the Federal Government. In providing for the establishment of peer review groups and procedures, the Secretary shall ensure sex, racial, ethnic, and geographic balance among the membership of such groups. “(3) Administration.— This subsection shall be carried out by the Secretary acting through the Administrator of the Health Resources and Services Administration. “(g) Preference or Priority Considerations.— In considering a preference or priority for funding which is based on outcome measures for an eligible entity under this title, the Secretary may also consider the future ability of the eligible entity to meet the outcome preference or priority through improvements in the eligible entity’s program design. “(h) Analytic Activities.— The Secretary shall ensure that— “(1) cross-cutting workforce analytical activities are carried out as part of the workforce information and analysis activities under section 761; and “(2) discipline-specific workforce information and analytical activities are carried out as part of— “(A) the community-based linkage program under part D; and “(B) the health workforce development program under subpart 2 of part E. “(i) Osteopathic Schools.— For purposes of this title, any reference to— “(1) medical schools shall include osteopathic medical schools; and “(2) medical students shall include osteopathic medical students. “SEC. 799A. TECHNICAL ASSISTANCE. “Funds appropriated under this title may be used by the Secretary to provide technical assistance in relation to any of the authorities under this title.”. (b) Professional Counselors as Mental Health Professionals.— Section 792(a) of the Public Health Service Act (42 U.S.C. 295k(a)) is amended by inserting “professional counselors,” after “clinical psychologists,”.
Pub. L. 105-392, tit. I, subtit. A, sec. 106: GENERAL PROVISIONS. | Justis AI