AMENDMENTS TO PUBLIC HEALTH SERVICE ACT.

SEC. 123. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT. Title VIII of the Public Health Service Act (42 U.S.C. 296k et seq.) is amended— (1) by striking the title heading and all that follows except for subpart II of part B and sections 846 and 855; and inserting the following: “TITLE VIII— NURSING WORKFORCE DEVELOPMENT”; (2) in subpart II of part B, by striking the subpart heading and inserting the following: “PART E— STUDENT LOANS”; (3) by striking section 837; (4) by inserting after the title heading the following new parts:112 STAT. 3563 “PART A— GENERAL PROVISIONS “SEC. 801. DEFINITIONS. “As used in this title: “(1) Eligible entities.— The term ‘eligible entities’ means schools of nursing, nursing centers, academic health centers, State or local governments, and other public or private nonprofit entities determined appropriate by the Secretary that submit to the Secretary an application in accordance with section 802. “(2) School of nursing.— The term ‘school of nursing’ means a collegiate, associate degree, or diploma school of nursing in a State. “(3) Collegiate school of nursing.— The term ‘collegiate school of nursing’ means a department, division, or other administrative unit in a college or university which provides primarily or exclusively a program of education in professional nursing and related subjects leading to the degree of bachelor of arts, bachelor of science, bachelor of nursing, or to an equivalent degree, or to a graduate degree in nursing, or to an equivalent degree, and including advanced training related to such program of education provided by such school, but only if such program, or such unit, college or university is accredited. “(4) Associate degree school of nursing.— The term ‘associate degree school of nursing’ means a department, division, or other administrative unit in a junior college, community college, college, or university which provides primarily or exclusively a two-year program of education in professional nursing and allied subjects leading to an associate degree in nursing or to an equivalent degree, but only if such program, or such unit, college, or university is accredited. “(5) Diploma school of nursing.— The term ‘diploma school of nursing’ means a school affiliated with a hospital or university, or an independent school, which provides primarily or exclusively a program of education in professional nursing and allied subjects leading to a diploma or to equivalent indicia that such program has been satisfactorily completed, but only if such program, or such affiliated school or such hospital or university or such independent school is accredited. “(6) Accredited.— “(A) In general.— Except as provided in subparagraph (B), the term ‘accredited’ when applied to any program of nurse education means a program accredited by a recognized body or bodies, or by a State agency, approved for such purpose by the Secretary of Education and when applied to a hospital, school, college, or university (or a unit thereof) means a hospital, school, college, or university (or a unit thereof) which is accredited by a recognized body or bodies, or by a State agency, approved for such purpose by the Secretary of Education. For the purpose of this paragraph, the Secretary of Education shall publish a list of recognized accrediting bodies, and of State agencies, which the Secretary of Education determines to be reliable authority as to the quality of education offered. “(B) New programs.— A new program of nursing that, by reason of an insufficient period of operation, is not, at the time of the submission of an application for a grant or contract under this title, eligible for accreditation by 112 STAT. 3564such a recognized body or bodies or State agency, shall be deemed accredited for purposes of this title if the Secretary of Education finds, after consultation with the appropriate accreditation body or bodies, that there is reasonable assurance that the program will meet the accreditation standards of such body or bodies prior to the beginning of the academic year following the normal graduation date of students of the first entering class in such a program. “(7) Nonprofit.— The term ‘nonprofit’ as applied to any school, agency, organization, or institution means one which is a corporation or association, or is owned and operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. “(8) State.— The term ‘State’ means a State, the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the Virgin Islands, or the Trust Territory of the Pacific Islands. “SEC. 802. 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 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 national nursing 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. “SEC. 803. 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, and dissemination of information, as appropriate to meet recognized nursing 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. 3565such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives such a grant. “SEC. 804. 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. 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. 805. PREFERENCE. “In awarding grants or contracts under this title, the Secretary shall give preference to applicants with projects that will substantially benefit rural or underserved populations, or help meet public health nursing needs in State or local health departments. “SEC. 806. 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 national nursing service goals and in accordance with this title. Contracts may be entered into under this title with public or private entities as determined necessary by the Secretary. “(b) Information Requirements.— “(1) In general.— Recipients of grants and contracts under this title shall meet information requirements as specified by the Secretary. “(2) Evaluations.— The Secretary shall establish procedures to ensure the annual evaluation of programs and projects operated by recipients of grants 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. “(c) Training Programs.— Training programs conducted with amounts received under this title shall meet applicable accreditation and quality standards. “(d) 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 year 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. “(e) Peer Review Regarding Certain Programs.— 112 STAT. 3566 “(1) In general.— Each application for a grant under this title, except advanced nurse traineeship grants under section 811(a)(2), 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, except as otherwise provided, ensure sex, racial, ethnic, and geographic representation 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. “(f) 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 this title; and “(2) discipline-specific workforce information is developed and analytical activities are carried out as part of— “(A) the advanced education nursing activities under part B; “(B) the workforce diversity activities under part C; and “(C) basic nursing education and practice activities under part D. “(g) State and Regional Priorities.— Activities under grants or contracts under this title shall, to the extent practicable, be consistent with related Federal, State, or regional nursing professions program plans and priorities. “(h) Filing of Applications.— “(1) In general.— Applications for grants or contracts under this title may be submitted by health professions schools, schools of nursing, academic health centers, State or local governments, or other appropriate public or private nonprofit entities as determined appropriate by the Secretary in accordance with this title. “(2) For-profit entities.— Notwithstanding paragraph (1), a for-profit entity may be eligible for a grant or contract under this title as determined appropriate by the Secretary. “SEC. 807. 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. “PART B— NURSE PRACTITIONERS, NURSE MIDWIVES, NURSE ANESTHETISTS, AND OTHER ADVANCED EDUCATION NURSES “SEC. 811. ADVANCED EDUCATION NURSING GRANTS. “(a) In General.— The Secretary may award grants to and enter into contracts with eligible entities to meet the costs of— 112 STAT. 3567 “(1) projects that support the enhancement of advanced nursing education and practice; and “(2) traineeships for individuals in advanced nursing education programs. “(b) Definition of Advanced Education Nurses.— For purposes of this section, the term ‘advanced education nurses’ means individuals trained in advanced degree programs including individuals in combined R.N./Master’s degree programs, post-nursing master’s certificate programs, or, in the case of nurse midwives, in certificate programs in existence on the date that is one day prior to the date of enactment of this section, to serve as nurse practitioners, clinical nurse specialists, nurse midwives, nurse anesthetists, nurse educators, nurse administrators, or public health nurses, or in other nurse specialties determined by the Secretary to require advanced education. “(c) Authorized Nurse Practitioner and Nurse Midwifery Programs.— Nurse practitioner and nurse midwifery programs eligible for support under this section are educational programs for registered nurses (irrespective of the type of school of nursing in which the nurses received their training) that— “(1) meet guidelines prescribed by the Secretary; and “(2) have as their objective the education of nurses who will upon completion of their studies in such programs, be qualified to effectively provide primary health care, including primary health care in homes and in ambulatory care facilities, long-term care facilities, acute care, and other health care settings. “(d) Authorized Nurse Anesthesia Programs.— Nurse anesthesia programs eligible for support under this section are education programs that— “(1) provide registered nurses with full-time anesthetist education; and “(2) are accredited by the Council on Accreditation of Nurse Anesthesia Educational Programs. “(e) Other Authorized Educational Programs.— The Secretary shall prescribe guidelines as appropriate for other advanced nurse education programs eligible for support under this section. “(f) Traineeships.— “(1) In general.— The Secretary may not award a grant to an applicant under subsection (a) unless the applicant involved agrees that traineeships provided with the grant will only pay all or part of the costs of— “(A) the tuition, books, and fees of the program of advanced nurse education with respect to which the traineeship is provided; and “(B) the reasonable living expenses of the individual during the period for which the traineeship is provided. “(2) Doctoral programs.— The Secretary may not obligate more than 10 percent of the traineeships under subsection (a) for individuals in doctorate degree programs. “(3) Special consideration.— In making awards of grants and contracts under subsection (a)(2), the Secretary shall give special consideration to an eligible entity that agrees to expend the award to train advanced education nurses who will practice in health professional shortage areas designated under section 332. 112 STAT. 3568 “PART C— INCREASING NURSING WORKFORCE DIVERSITY “SEC. 821. WORKFORCE DIVERSITY GRANTS. “(a) In General.— The Secretary may award grants to and enter into contracts with eligible entities to meet the costs of special projects to increase nursing education opportunities for individuals who are from disadvantaged backgrounds (including racial and ethnic minorities underrepresented among registered nurses) by providing student scholarships or stipends, pre-entry preparation, and retention activities. “(b) Guidance.— In carrying out subsection (a), the Secretary shall take into consideration the recommendations of the First, Second and Third Invitational Congresses for Minority Nurse Leaders on ‘Caring for the Emerging Majority,’ in 1992, 1993 and 1997, and consult with nursing associations including the American Nurses Association, the National League for Nursing, the American Association of Colleges of Nursing, the National Black Nurses Association, the National Association of Hispanic Nurses, the Association of Asian American and Pacific Islander Nurses, the Native American Indian and Alaskan Nurses Association, and the National Council of State Boards of Nursing. “(c) Required Information and Conditions for Award Recipients.— “(1) In general.— Recipients of awards under this section may be required, where requested, to report to the Secretary concerning the annual admission, retention, and graduation rates for individuals from disadvantaged backgrounds and ethnic and racial minorities in the school or schools involved in the projects. “(2) Falling rates.— If any of the rates reported under paragraph (1) fall below the average of the two previous years, the grant or contract recipient shall provide the Secretary with plans for immediately improving such rates. “(3) Ineligibility.— A recipient described in paragraph (2) shall be ineligible for continued funding under this section if the plan of the recipient fails to improve the rates within the 1-year period beginning on the date such plan is implemented. “PART D— STRENGTHENING CAPACITY FOR BASIC NURSE EDUCATION AND PRACTICE “SEC. 831. BASIC NURSE EDUCATION AND PRACTICE GRANTS. “(a) In General.— The Secretary may award grants to and enter into contracts with eligible entities for projects to strengthen capacity for basic nurse education and practice. “(b) Priority Areas.— In awarding grants or contracts under this section the Secretary shall give priority to entities that will use amounts provided under such a grant or contract to enhance the educational mix and utilization of the basic nursing workforce by strengthening programs that provide basic nurse education, such as through— “(1) establishing or expanding nursing practice arrangements in noninstitutional settings to demonstrate methods to 112 STAT. 3569improve 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; “(4) developing cultural competencies among nurses; “(5) expanding the enrollment in baccalaureate nursing programs; “(6) promoting career mobility for nursing personnel in a variety of training settings and cross training or specialty training among diverse population groups; “(7) providing education in informatics, including distance learning methodologies; or “(8) other priority areas as determined by the Secretary.”; (5) by adding at the end the following: “PART F— FUNDING “SEC. 841. FUNDING. “(a) Authorization of Appropriations.— For the purpose of carrying out parts B, C, and D (subject to section 845(g)), there are authorized to be appropriated $65,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 through 2002. “(b) Allocations for Fiscal Years Through 2002.— “(1) Nurse practitioners; nurse midwives.— “(A) Fiscal year 1998.— Of the amount appropriated under subsection (a) for fiscal year 1998, the Secretary shall reserve not less than $17,564,000 for making awards of grants and contracts under section 822 as such section was in effect for fiscal year 1998. “(B) Fiscal years 1999 through 2002.— Of the amount appropriated under subsection (a) for fiscal year 1999 or any of the fiscal years 2000 through 2002, the Secretary, subject to subsection (d), shall reserve for the fiscal year involved, for making awards of grants and contracts under part B with respect to nurse practitioners and nurse midwives, not less than the percentage constituted by the ratio of the amount appropriated under section 822 as such section was in effect for fiscal year 1998 to the total of the amounts appropriated under this title for such fiscal year. For purposes of the preceding sentence, the Secretary, in determining the amount that has been reserved for the fiscal year involved, shall include any amounts appropriated under subsection (a) for the fiscal year that are obligated by the Secretary to continue in effect grants or contracts under section 822 as such section was in effect for fiscal year 1998. “(2) Nurse anesthetists.— “(A) Fiscal year 1998.— Of the amount appropriated under subsection (a) for fiscal year 1998, the Secretary shall reserve not less than $2,761,000 for making awards 112 STAT. 3570of grants and contracts under section 831 as such section was in effect for fiscal year 1998. “(B) Fiscal years 1999 through 2002.— Of the amount appropriated under subsection (a) for fiscal year 1999 or any of the fiscal years 2000 through 2002, the Secretary, subject to subsection (d), shall reserve for the fiscal year involved, for making awards of grants and contracts under part B with respect to nurse anesthetists, not less than the percentage constituted by the ratio of the amount appropriated under section 831 as such section was in effect for fiscal year 1998 to the total of the amounts appropriated under this title for such fiscal year. For purposes of the preceding sentence, the Secretary, in determining the amount that has been reserved for the fiscal year involved, shall include any amounts appropriated under subsection (a) for the fiscal year that are obligated by the Secretary to continue in effect grants or contracts under section 831 as such section was in effect for fiscal year 1998. “(c) Allocations After Fiscal Year 2002.— “(1) In general.— For fiscal year 2003 and subsequent fiscal years, amounts appropriated under subsection (a) for the fiscal year involved shall be allocated by the Secretary among parts B, C, and D (and programs within such parts) according to a methodology that is developed in accordance with paragraph (2). The Secretary shall enter into a contract with a public or private entity for the purpose of developing the methodology. The contract shall require that the development of the methodology be completed not later than February 1, 2002. “(2) Use of certain factors.— The contract under paragraph (1) shall provide that the methodology under such paragraph will be developed in accordance with the following: “(A) The methodology will take into account the need for and the distribution of health services among medically underserved populations, as determined according to the factors that apply under section 330(b)(3). “(B) The methodology will take into account the need for and the distribution of health services in health professional shortage areas, as determined according to the factors that apply under section 332(b). “(C) The methodology will take into account the need for and the distribution of mental health services among medically underserved populations and in health professional shortage areas. “(D) The methodology will be developed in consultation with individuals in the field of nursing, including registered nurses, nurse practitioners, nurse midwives, nurse anesthetists, clinical nurse specialists, nursing educators and educational institutions, nurse executives, pediatric nurse associates and practitioners, and women’s health, obstetric, and neonatal nurses. “(E) The methodology will take into account the following factors with respect to the States: (i) A provider population ratio equivalent to a managed care formula of 1/1,500 for primary care services. 112 STAT. 3571 (ii) The use of whole rather than fractional counts in determining the number of health care providers. (iii) The counting of only employed health care providers in determining the number of health care providers. (iv) The number of families whose income is less than 200 percent of the official poverty line (as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981). (v) The rate of infant mortality and the rate of low-birthweight births. (vi) The percentage of the general population constituted by individuals who are members of racial or ethnic minority groups, stated both by minority group and in the aggregate. (vii) The percentage of the general population constituted by individuals who are of Hispanic ethnicity. (viii) The number of individuals residing in health professional shortage areas, and the number of individuals who are members of medically underserved populations. (ix) The percentage of the general population constituted by elderly individuals. (x) The extent to which the populations served have a choice of providers. (xi) The impact of care on hospitalizations and emergency room use. (xii) The number of individuals who lack proficiency in speaking the English language. (xiii) Such additional factors as the Secretary determines to be appropriate. “(3) Report to congress.— Not later than 30 days after the completion of the development of the methodology required in paragraph (1), the Secretary shall submit to the Committee on Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the methodology and explaining the effects of the methodology on the allocation among parts B, C, and D (and programs within such parts) of amounts appropriated under subsection (a) for the first fiscal year for which the methodology will be in effect. Such explanation shall include a comparison of the allocation for such fiscal year with the allocation made under this section for the preceding fiscal year. “(d) Use of Methodology Before Fiscal Year 2003.— With respect to the fiscal years 1999 through 2002, if the report required in subsection (c)(3) is submitted in accordance with such subsection not later than 90 days before the beginning of such a fiscal year, the Secretary may for such year implement the methodology described in the report (rather than implementing the methodology in fiscal year 2003), in which case subsection (b) ceases to be in effect. The authority under the preceding sentence is subject to the condition that the fiscal year for which the methodology is implemented be the same fiscal year identified in such report as the fiscal year for which the methodology will first be in effect. 112 STAT. 3572 “(e) Authority for Use of Additional Factors in Methodology.— “(1) In general.— The Secretary shall make the determinations specified in paragraph (2). For any fiscal year beginning after the first fiscal year for which the methodology under subsection (c)(1) is in effect, the Secretary may alter the methodology by including the information from such determinations as factors in the methodology. “(2) Relevant determinations.— The determinations referred to in paragraph (1) are as follows: “(A) The need for and the distribution of health services among populations for which it is difficult to determine the number of individuals who are in the population, such as homeless individuals; migratory and seasonal agricultural workers and their families; individuals infected with the human immunodeficiency virus, and individuals who abuse drugs. “(B) In the case of a population for which the determinations under subparagraph (A) are made, the extent to which the population includes individuals who are members of racial or ethnic minority groups and a specification of the skills needed to provide health services to such individuals in the language and the educational and cultural context that is most appropriate to the individuals. “(C) Data, obtained from the Director of the Centers for Disease Control and Prevention, on rates of morbidity and mortality among various populations (including data on the rates of maternal and infant mortality and data on the rates of low-birthweight births of living infants). “(D) Data from the Health Plan Employer Data and Information Set, as appropriate. “PART G— NATIONAL ADVISORY COUNCIL ON NURSE EDUCATION AND PRACTICE “SEC. 845. 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 112 STAT. 3573nursing, and from representatives of advanced education nursing groups (such as nurse practitioners, nurse midwives, and nurse anesthetists), 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 the date of enactment of this Act, 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 title, 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 title, including the range of issues relating to nurse supply, education and practice improvement; and “(3) not later than 3 years after the date of enactment of this section, and annually thereafter, prepare and submit to the Secretary, the Committee on Labor and Human Resources of the Senate, and the Committee on 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 title. “(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 title 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 112 STAT. 3574meeting. 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, United States Code, 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, United States Code, while away from their homes or regular places of business in the performance of services for the Council. “(g) Funding.— Amounts appropriated under this title 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.”; and (6) by redesignating section 855 as section 810, and transferring such section so as to appear after section 809 (as added by the amendment made by paragraph (5)).