---
kind: "section"
citation: "20 U.S.C. § 1161d"
title: "20"
title_heading: "Education"
number: "1161d"
heading: "Capacity for nursing students and faculty"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1161d"
units:
  - "Chapter 28 — Higher Education Resources and Student Assistance"
  - "Subchapter IX — Additional Programs"
  - "Part D — Capacity for Nursing Students and Faculty"
---

# §1161d. Capacity for nursing students and faculty

- (a) **Authorization—** From the amounts appropriated under [subsection (f)](#f), the [Secretary](/usc/20/1003.md?p=17) shall award grants to institutions of higher education that offer—
  - (1) an [accredited](/usc/20/1067k.md?p=1) registered nursing program at the baccalaureate or associate degree level to enable such program to expand the faculty and facilities of such program to accommodate additional students in such program; or
  - (2) an [accredited](/usc/20/1067k.md?p=1) [graduate](/usc/20/1061.md?p=1)-level nursing program to accommodate advanced practice degrees for registered nurses or to accommodate students enrolled in such program to become teachers of nursing students.
- (b) **Determination of number of students and application—** Each [institution of higher education](/usc/20/1001.md?p=a) that offers a program described in [subsection (a)](#a) that desires to receive a grant under this section shall—
  - (1) determine, for the four [academic years](/usc/20/1088.md?p=a-2-A) preceding the [academic year](/usc/20/1088.md?p=a-2-A) for which the determination is made, the average number of matriculated nursing program students, in each of the institution’s [accredited](/usc/20/1067k.md?p=1) associate, baccalaureate, or advanced nursing degree programs at such institution for such [academic years](/usc/20/1088.md?p=a-2-A);
  - (2) submit an application to the [Secretary](/usc/20/1003.md?p=17) at such time, in such manner, and accompanied by such information as the [Secretary](/usc/20/1003.md?p=17) may require, including the average number in each of the institution’s [accredited](/usc/20/1067k.md?p=1) nursing programs determined under [paragraph (1)](#b-1); and
  - (3) with respect to the partnerships described in [subsection (c)(2)(B)](#c-2-B), provide assurances that—
    - (A) the individuals enrolled in the program will—
      - (i) be registered nurses in pursuit of a master’s or doctoral degree in nursing; and
      - (ii) have a contractual obligation with the hospital or health facility that is in partnership with the [institution of higher education](/usc/20/1001.md?p=a);
    - (B) the hospital or health facility of employment will be the clinical site for the [accredited](/usc/20/1067k.md?p=1) school of nursing program, if the program requires a clinical site;
    - (C) individuals enrolled in the program will—
      - (i) maintain their employment on at least a part-time basis with the hospital or health facility that allowed them to participate in the program; and
      - (ii) receive an income from the hospital or health facility, as at least a part-time employee, and release times or flexible schedules, to accommodate their program requirements, as necessary; and
    - (D) upon completion of the program, recipients of scholarships described in [subsection (c)(2)(B)(ii)(III)](#c-2-B-ii-III) will be required to teach for two years in an [accredited](/usc/20/1067k.md?p=1) school of nursing for each year of support the individual received under this section.
- (c) **Grant amount; award basis—**
  - (1) **Grant amount—** For each [academic year](/usc/20/1088.md?p=a-2-A) after [academic year](/usc/20/1088.md?p=a-2-A) 2009–2010, the [Secretary](/usc/20/1003.md?p=17) is authorized to provide to each [institution of higher education](/usc/20/1001.md?p=a) awarded a grant under this section an amount that is equal to $3,000 multiplied by the number by which—
    - (A) the number of matriculated nursing program students at such institution for such [academic year](/usc/20/1088.md?p=a-2-A), exceeds
    - (B) the average number determined with respect to such institution under [subsection (b)(1)](#b-1).
  - (2) **Distribution of grants among different degree programs—**
    - (A) **In general—** Subject to [subparagraph (D)](#c-2-D), from the funds available to award grants under this section for each fiscal year, the [Secretary](/usc/20/1003.md?p=17) shall—
      - (i) use 20 percent of such funds to award grants under this section to institutions of higher education for the purpose of accommodating advanced practice degrees or students in [accredited](/usc/20/1067k.md?p=1) [graduate](/usc/20/1061.md?p=1)-level nursing programs;
      - (ii) use 40 percent of such funds to award grants under this section to institutions of higher education for the purpose of expanding [accredited](/usc/20/1067k.md?p=1) registered nurse programs at the baccalaureate degree level; and
      - (iii) use 40 percent of such funds to award grants under this section to institutions of higher education for the purpose of expanding [accredited](/usc/20/1067k.md?p=1) registered nurse programs at the associate degree level.
    - (B) **Optional uses of funds—** Grants awarded under this section may be used to support partnerships with hospitals or health facilities to—
      - (i) improve the alignment between nursing education and the emerging challenges of health care delivery by—
        - (I) the purchase of distance learning technologies and expanding methods of delivery of instruction to include alternatives to onsite learning; and
        - (II) the collection, analysis, and dissemination of data on educational outcomes and best practices identified through the activities described in this section; and
      - (ii) ensure that students can earn a salary while obtaining an advanced degree in nursing with the goal of becoming nurse faculty by—
        - (I) [funding](/usc/20/1066a.md?p=4) release time for qualified nurses enrolled in the [graduate](/usc/20/1061.md?p=1) nursing program;
        - (II) providing for faculty salaries; or
        - (III) providing scholarships to qualified nurses in pursuit of an advanced degree with the goal of becoming faculty members in an [accredited](/usc/20/1067k.md?p=1) nursing program.
    - (C) **Considerations in making awards—** In awarding grants under this section, the [Secretary](/usc/20/1003.md?p=17) shall consider the following:
      - (i) **Geographic distribution—** Providing an equitable geographic distribution of such grants.
      - (ii) **Urban and rural areas—** Distributing such grants to urban and rural areas.
      - (iii) **Range and type of institution—** Ensuring that the activities to be assisted are developed for a range of types and sizes of institutions of higher education, including institutions providing alternative methods of delivery of instruction in addition to on-site learning.
    - (D) **Distribution of excess funds—** If, for a fiscal year, funds described in clause [(i)](#c-2-A-i), [(ii)](#c-2-A-ii), or [(iii)](#c-2-A-iii) of subparagraph (A) remain available after the [Secretary](/usc/20/1003.md?p=17) awards grants under this section to all applicants for the particular category of [accredited](/usc/20/1067k.md?p=1) nursing programs described in such clause, the [Secretary](/usc/20/1003.md?p=17) shall use equal amounts of the remaining funds to award grants under this section to applicants that applied under the other categories of nursing programs.
    - (E) **Limitation—** Of the amount appropriated to carry out this section, the [Secretary](/usc/20/1003.md?p=17) may award not more than ten percent of such amount for the optional purposes under [subparagraph (B)](#c-2-B).
- (d) **Definitions—** For purposes of this section:
  - (1) **Health facility—** The term “health facility” means an Indian health service center, a Native Hawaiian health center, a hospital, a federally qualified health center, a rural health clinic, a nursing home, a home health agency, a hospice program, a public health clinic, a [State](/usc/20/1003.md?p=21-A) or local [department](/usc/20/1003.md?p=4) of public health, a skilled nursing facility, or an ambulatory surgical center.
  - (2) **Public Health Service Act—** The terms “[accredited](/usc/20/1067k.md?p=1)” and “school of nursing” have the meanings given those terms in section 801 of the Public Health Service Act ([42 U.S.C. 296](/usc/42/296.md)).
- (e) **Prohibition—**
  - (1) **In general—** Funds provided under this section may not be used for the construction of new facilities.
  - (2) **Rule of construction—** Nothing in [paragraph (1)](#e-1) shall be construed to prohibit funds provided under this section from being used for the repair or renovation of facilities.
- (f) **Authorization of appropriations—** There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

## Source credit

(Pub. L. 89–329, title VIII, § 804, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3385; amended Pub. L. 111–39, title VIII, § 801(2), July 1, 2009, 123 Stat. 1955.)

## Notes

### Editorial Notes

### Amendments

2009—Subsec. (d). Pub. L. 111–39 substituted “Definitions” for “Definition” in heading, added par. (2), and struck out former par. (2). Prior to amendment, text read as follows: “The terms ‘accredited school of nursing’ and ‘accredited nursing program’ have the meaning given those terms in section 296 of title 42.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 2009 Amendment

Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.