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Excerpted from the Nurse Education and
Practice Improvement Act of 1998
(P.L. 105-392)
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 form 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 form 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, 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 we 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) MINIRITY 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 UNEXPECTED 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 improvements;
(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 meeting. No 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) COMPENSATIONS 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 performances 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)).
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