[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2536 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2536

To provide relief for the shortage of nurses in the United States, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2009

 Mr. Wexler (for himself, Mr. Sensenbrenner, Mrs. Lowey, Mr. Bilbray, 
and Mr. Cohen) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide relief for the shortage of nurses in the United States, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Nursing Supply Relief 
Act''.

SEC. 2. NURSING SHORTAGE RELIEF.

    (a) Increasing Visa Numbers.--Section 106 of the American 
Competitiveness in the Twenty-first Century Act of 2000 (Public Law 
106-313; 8 U.S.C. 1153 note) is amended by adding at the end the 
following:
    ``(e) Visa Shortage Relief for Nurses and Physical Therapists.--
            ``(1) In general.--Subject to paragraph (2), for petitions 
        filed any time prior to September 30, 2012, for employment-
        based immigrants (and their family members accompanying or 
        following to join under section 203(d) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(d))), which are or have been 
        approved based on Schedule A, Group I as defined in section 
        656.5 of title 20, Code of Federal Regulations, as promulgated 
        by the Secretary of Labor, the numerical limitations set forth 
        in sections 201(d) and 202(a) of such Act (8 U.S.C. 1151(d) and 
        1152(a)) shall not apply.
            ``(2) Limitation on number of visas.--The Secretary of 
        State may not issue more than 20,000 immigrant visa numbers in 
        any one fiscal year (plus any available visa numbers under this 
        paragraph not used during the preceding fiscal year) to 
        principal beneficiaries of petitions pursuant to paragraph (1).
            ``(3) Expedited review.--The Secretary of Homeland Security 
        shall provide a process for reviewing and acting upon petitions 
        with respect to immigrants described in paragraph (1) not later 
        than 30 days after the date on which a completed petition has 
        been filed.
    ``(f) Fee for Use of Visas Under Subsection (a).--
            ``(1) In general.--The Secretary of Homeland Security shall 
        impose a fee upon each petitioning employer who uses a visa 
        provided under subsection (e) to provide employment for an 
        alien as a professional nurse, except that--
                    ``(A) such fee shall be in the amount of $1,500 for 
                each such alien nurse (but not for dependents 
                accompanying or following to join who are not 
                professional nurses); and
                    ``(B) no fee shall be imposed for the use of such 
                visas if the employer demonstrates to the Secretary 
                that--
                            ``(i) the employer is a health care 
                        facility that is located in a county or parish 
                        that received individual and public assistance 
                        pursuant to Major Disaster Declaration number 
                        1603 or 1607; or
                            ``(ii) the employer is a health care 
                        facility that has been designated as a Health 
                        Professional Shortage Area facility by the 
                        Secretary of Health and Human Services as 
                        defined in section 332 of the Public Health 
                        Service Act (42 U.S.C. 254e).
            ``(2) Fee collection.--A fee imposed by the Secretary of 
        Homeland Security pursuant to paragraph (1) shall be collected 
        by the Secretary as a condition of approval of an application 
        for adjustment of status by the beneficiary of a petition or by 
        the Secretary of State as a condition of issuance of a visa to 
        such beneficiary.''.
    (b) Capitation Grants To Increase the Number of Nursing Faculty and 
Students; Domestic Nursing Enhancement Account.--Part D of title VIII 
of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by 
adding at the end the following:

``SEC. 832. CAPITATION GRANTS.

    ``(a) In General.--For the purpose described in subsection (b), the 
Secretary, acting through the Health Resources and Services 
Administration, shall award a grant each fiscal year in an amount 
determined in accordance with subsection (c) to each eligible school of 
nursing that submits an application in accordance with this section.
    ``(b) Purpose.--A funding agreement for a grant under this section 
is that the eligible school of nursing involved will expend the grant 
to increase the number of nursing faculty and students at the school, 
including by hiring new faculty, retaining current faculty, purchasing 
educational equipment and audiovisual laboratories, enhancing clinical 
laboratories, repairing and expanding infrastructure, or recruiting 
students.
    ``(c) Grant Computation.--
            ``(1) Amount per student.--Subject to paragraph (2), the 
        amount of a grant to an eligible school of nursing under this 
        section for a fiscal year shall be the total of the following:
                    ``(A) $1,800 for each full-time or part-time 
                student who is enrolled at the school in a graduate 
                program in nursing that--
                            ``(i) leads to a master's degree, a 
                        doctoral degree, or an equivalent degree; and
                            ``(ii) prepares individuals to serve as 
                        faculty through additional course work in 
                        education and ensuring competency in an 
                        advanced practice area.
                    ``(B) $1,405 for each full-time or part-time 
                student who--
                            ``(i) is enrolled at the school in a 
                        program in nursing leading to a bachelor of 
                        science degree, a bachelor of nursing degree, a 
                        graduate degree in nursing if such program does 
                        not meet the requirements of subparagraph (A), 
                        or an equivalent degree; and
                            ``(ii) has not more than 3 years of 
                        academic credits remaining in the program.
                    ``(C) $966 for each full-time or part-time student 
                who is enrolled at the school in a program in nursing 
                leading to an associate degree in nursing or an 
                equivalent degree.
            ``(2) Limitation.--In calculating the amount of a grant to 
        a school under paragraph (1), the Secretary may not make a 
        payment with respect to a particular student--
                    ``(A) for more than 2 fiscal years in the case of a 
                student described in paragraph (1)(A) who is enrolled 
                in a graduate program in nursing leading to a master's 
                degree or an equivalent degree;
                    ``(B) for more than 4 fiscal years in the case of a 
                student described in paragraph (1)(A) who is enrolled 
                in a graduate program in nursing leading to a doctoral 
                degree or an equivalent degree;
                    ``(C) for more than 3 fiscal years in the case of a 
                student described in paragraph (1)(B); or
                    ``(D) for more than 2 fiscal years in the case of a 
                student described in paragraph (1)(C).
    ``(d) Eligibility.--In this section, the term `eligible school of 
nursing' means a school of nursing that--
            ``(1) is accredited by a nursing accrediting agency 
        recognized by the Secretary of Education;
            ``(2) has a passage rate on the National Council Licensure 
        Examination for Registered Nurses of not less than 80 percent 
        for each of the 3 academic years preceding submission of the 
        grant application; and
            ``(3) has a graduation rate (based on the number of 
        students in a class who graduate relative to, for a 
        baccalaureate program, the number of students who were enrolled 
        in the class at the beginning of junior year or, for an 
        associate degree program, the number of students who were 
        enrolled in the class at the end of the first year) of not less 
        than 80 percent for each of the 3 academic years preceding 
        submission of the grant application.
    ``(e) Requirements.--The Secretary may award a grant under this 
section to an eligible school of nursing only if the school gives 
assurances satisfactory to the Secretary that, for each academic year 
for which the grant is awarded, the school will comply with the 
following:
            ``(1) The school will maintain a passage rate on the 
        National Council Licensure Examination for Registered Nurses of 
        not less than 80 percent.
            ``(2) The school will maintain a graduation rate (as 
        described in subsection (d)(3)) of not less than 80 percent.
            ``(3)(A) Subject to subparagraphs (B) and (C), the first-
        year enrollment of full-time nursing students in the school 
        will exceed such enrollment for the preceding academic year by 
        5 percent or 5 students, whichever is greater.
            ``(B) Subparagraph (A) shall not apply to the first 
        academic year for which a school receives a grant under this 
        section.
            ``(C) With respect to any academic year, the Secretary may 
        waive application of subparagraph (A) if--
                    ``(i) the physical facilities at the school 
                involved limit the school from enrolling additional 
                students; or
                    ``(ii) the school has increased enrollment in the 
                school (as described in subparagraph (A)) for each of 
                the 2 preceding academic years.
            ``(4) Not later than 1 year after receiving a grant under 
        this section, the school will formulate and implement a plan to 
        accomplish at least 2 of the following:
                    ``(A) Establishing or significantly expanding an 
                accelerated baccalaureate degree nursing program 
                designed to graduate new nurses in 12 to 18 months.
                    ``(B) Establishing cooperative intradisciplinary 
                education among schools of nursing with a view toward 
                shared use of technological resources, including 
                information technology.
                    ``(C) Establishing cooperative interdisciplinary 
                training between schools of nursing and schools of 
                allied health, medicine, dentistry, osteopathy, 
                optometry, podiatry, pharmacy, public health, or 
                veterinary medicine, including training for the use of 
                the interdisciplinary team approach to the delivery of 
                health services.
                    ``(D) Integrating core competencies on evidence-
                based practice, quality improvements, and patient-
                centered care.
                    ``(E) Increasing admissions, enrollment, and 
                retention of qualified individuals who are financially 
                disadvantaged.
                    ``(F) Increasing enrollment of minority and diverse 
                student populations.
                    ``(G) Increasing enrollment of new graduate 
                baccalaureate nursing students in graduate programs 
                that educate nurse faculty members.
                    ``(H) Developing post-baccalaureate residency 
                programs to prepare nurses for practice in specialty 
                areas where nursing shortages are most severe.
                    ``(I) Increasing integration of geriatric content 
                into the core curriculum.
                    ``(J) Partnering with economically disadvantaged 
                communities to provide nursing education.
                    ``(K) Expanding the ability of nurse managed health 
                centers to provide clinical education training sites to 
                nursing students.
            ``(5) The school will submit an annual report to the 
        Secretary that includes updated information on the school with 
        respect to student enrollment, student retention, graduation 
        rates, passage rates on the National Council Licensure 
        Examination for Registered Nurses, the number of graduates 
        employed as nursing faculty or nursing care providers within 12 
        months of graduation, and the number of students who are 
        accepted into graduate programs for further nursing education.
            ``(6) The school will allow the Secretary to make on-site 
        inspections, and will comply with the Secretary's requests for 
        information, to determine the extent to which the school is 
        complying with the requirements of this section.
    ``(f) Reports to Congress.--The Secretary shall evaluate the 
results of grants under this section and submit to Congress--
            ``(1) not later than 18 months after the date of the 
        enactment of this section, an interim report on such results; 
        and
            ``(2) not later than September 30, 2010, a final report on 
        such results.
    ``(g) Application.--An eligible school of nursing seeking a grant 
under this section shall submit an application to the Secretary at such 
time, in such manner, and containing such information and assurances as 
the Secretary may require.
    ``(h) Authorization of Appropriations.--In addition to the amounts 
in the Domestic Nursing Enhancement Account, established under section 
833, there are authorized to be appropriated such sums as may be 
necessary to carry out this section.

``SEC. 833. DOMESTIC NURSING ENHANCEMENT ACCOUNT.

    ``(a) Establishment.--There is established in the general fund of 
the Treasury a separate account which shall be known as the `Domestic 
Nursing Enhancement Account'. Notwithstanding any other provision of 
law, there shall be deposited as offsetting receipts into the account 
all fees collected under section 106(f) of the American Competitiveness 
in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 
1153 note). Nothing in this subsection shall prohibit the depositing of 
other moneys into the account established under this section.
    ``(b) Use of Funds.--Amounts collected under section 106(f) of the 
American Competitiveness in the Twenty-first Century Act of 2000, and 
deposited into the account established under subsection (a) shall be 
used by the Secretary of Health and Human Services to carry out section 
832. Such amounts shall be available for obligation only to the extent, 
and in the amount, provided in advance in appropriations Acts. Such 
amounts are authorized to remain available until expended.''.
    (c) Global Health Care Cooperation.--
            (1) In general.--Title III of the Immigration and 
        Nationality Act (8 U.S.C. 1401 et seq.) is amended by inserting 
        after section 317 the following:

``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH CARE IN 
              DEVELOPING COUNTRIES.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
the Secretary of Homeland Security shall allow an eligible alien and 
the spouse or child of such alien to reside in a candidate country 
during the period that the eligible alien is working as a physician or 
other health care worker in a candidate country. During such period the 
eligible alien and such spouse or child shall be considered--
            ``(1) to be physically present and residing in the United 
        States for purposes of naturalization under section 316(a); and
            ``(2) to meet the continuous residency requirements under 
        section 316(b).
    ``(b) Definitions.--In this section:
            ``(1) Candidate country.--The term `candidate country' 
        means a country that the Secretary of State determines to be--
                    ``(A) eligible for assistance from the 
                International Development Association, in which the per 
                capita income of the country is equal to or less than 
                the historical ceiling of the International Development 
                Association for the applicable fiscal year, as defined 
                by the International Bank for Reconstruction and 
                Development;
                    ``(B) classified as a lower middle income country 
                in the then most recent edition of the World 
                Development Report for Reconstruction and Development 
                published by the International Bank for Reconstruction 
                and Development and having an income greater than the 
                historical ceiling for International Development 
                Association eligibility for the applicable fiscal year; 
                or
                    ``(C) qualified to be a candidate country due to 
                special circumstances, including natural disasters or 
                public health emergencies.
            ``(2) Eligible alien.--The term `eligible alien' means an 
        alien who--
                    ``(A) has been lawfully admitted to the United 
                States for permanent residence; and
                    ``(B) is a physician or other healthcare worker.
    ``(c) Consultation.--The Secretary of Homeland Security shall 
consult with the Secretary of State in carrying out this section.
    ``(d) Publication.--The Secretary of State shall publish--
            ``(1) not later than 180 days after the date of the 
        enactment of this section, a list of candidate countries;
            ``(2) an updated version of the list required by paragraph 
        (1) not less often than once each year; and
            ``(3) an amendment to the list required by paragraph (1) at 
        the time any country qualifies as a candidate country due to 
        special circumstances under subsection (b)(1)(C).''.
            (2) Rulemaking.--
                    (A) Requirement.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary of 
                Homeland Security shall promulgate regulations to carry 
                out the amendments made by this subsection.
                    (B) Content.--The regulations promulgated pursuant 
                to paragraph (1) shall--
                            (i) permit an eligible alien (as defined in 
                        section 317A of the Immigration and Nationality 
                        Act, as added by paragraph (1)) and the spouse 
                        or child of the eligible alien to reside in a 
                        foreign country to work as a physician or other 
                        healthcare worker as described in subsection 
                        (a) of such section 317A for not less than a 
                        12-month period and not more than a 24-month 
                        period, and shall permit the Secretary to 
                        extend such period for an additional period not 
                        to exceed 12 months, if the Secretary 
                        determines that such country has a continuing 
                        need for such a physician or other healthcare 
                        worker;
                            (ii) provide for the issuance of documents 
                        by the Secretary to such eligible alien, and 
                        such spouse or child, if appropriate, to 
                        demonstrate that such eligible alien, and such 
                        spouse or child, if appropriate, is authorized 
                        to reside in such country under such section 
                        317A; and
                            (iii) provide for an expedited process 
                        through which the Secretary shall review 
                        applications for such an eligible alien to 
                        reside in a foreign country pursuant to 
                        subsection (a) of such section 317A if the 
                        Secretary of State determines a country is a 
                        candidate country pursuant to subsection 
                        (b)(1)(C) of such section 317A.
            (3) Technical and conforming amendments.--
                    (A) Definition.--Section 101(a)(13)(C)(ii) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(13)(C)(ii)) is amended by adding at the end the 
                following: ``except in the case of an eligible alien, 
                or the spouse or child of such alien, who is authorized 
                to be absent from the United States under section 
                317A,''.
                    (B) Documentary requirements.--Section 211(b) of 
                such Act (8 U.S.C. 1181(b)) is amended by inserting ``, 
                including an eligible alien authorized to reside in a 
                foreign country under section 317A and the spouse or 
                child of such eligible alien, if appropriate,'' after 
                ``101(a)(27)(A),''.
                    (C) Ineligible aliens.--Section 212(a)(7)(A)(i)(I) 
                of such Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended 
                by inserting ``other than an eligible alien authorized 
                to reside in a foreign country under section 317A and 
                the spouse or child of such eligible alien, if 
                appropriate,'' after ``Act,''.
                    (D) Clerical amendment.--The table of contents of 
                such Act is amended by inserting after the item 
                relating to section 317 the following:

``Sec. 317A. Temporary absence of aliens providing health care in 
                            developing countries.''.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to U.S. Citizenship and Immigration Services 
        such sums as may be necessary to carry out this subsection and 
        the amendments made by this subsection.
    (d) Attestation by Health Care Workers.--
            (1) Attestation requirement.--Section 212(a)(5) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is 
        amended by adding at the end the following:
                    ``(E) Health care workers with other obligations.--
                            ``(i) In general.--An alien who seeks to 
                        enter the United States for the purpose of 
                        performing labor as a physician or other health 
                        care worker is inadmissible unless the alien 
                        submits to the Secretary of Homeland Security 
                        or the Secretary of State, as appropriate, an 
                        attestation that the alien is not seeking to 
                        enter the United States for such purpose during 
                        any period in which the alien has an 
                        outstanding obligation to the government of the 
                        alien's country of origin or the alien's 
                        country of residence.
                            ``(ii) Obligation defined.--In this 
                        subparagraph, the term `obligation' means an 
                        obligation incurred as part of a valid, 
                        voluntary individual agreement in which the 
                        alien received financial assistance to defray 
                        the costs of education or training to qualify 
                        as a physician or other health care worker in 
                        consideration for a commitment to work as a 
                        physician or other health care worker in the 
                        alien's country of origin or the alien's 
                        country of residence.
                            ``(iii) Waiver.--The Secretary of Homeland 
                        Security may waive a finding of inadmissibility 
                        under clause (i) if the Secretary determines 
                        that--
                                    ``(I) the obligation was incurred 
                                by coercion or other improper means;
                                    ``(II) the alien and the government 
                                of the country to which the alien has 
                                an outstanding obligation have reached 
                                a valid, voluntary agreement, pursuant 
                                to which the alien's obligation has 
                                been deemed satisfied, or the alien has 
                                shown to the satisfaction of the 
                                Secretary that the alien has been 
                                unable to reach such an agreement 
                                because of coercion or other improper 
                                means; or
                                    ``(III) the obligation should not 
                                be enforced due to other extraordinary 
                                circumstances, including undue hardship 
                                that would be suffered by the alien in 
                                the absence of a waiver.''.
            (2) Effective date; application.--
                    (A) Effective date.--The amendment made by 
                paragraph (1) shall take effect on the date that is 180 
                days after the date of the enactment of this Act.
                    (B) Application by the secretary.--Not later than 
                the effective date described in subparagraph (A), the 
                Secretary of Homeland Security shall begin to carry out 
                subparagraph (E) of section 212(a)(5) of the 
                Immigration and Nationality Act, as added by paragraph 
                (1), including the requirement for the attestation and 
                the granting of a waiver described in clause (iii) of 
                such subparagraph (E), regardless of whether 
                regulations to implement such subparagraph have been 
                promulgated.

SEC. 3. NURSE TRAINING AND RETENTION DEMONSTRATION GRANT ACT OF 2008.

    (a) Findings.--Congress makes the following findings:
            (1) America's healthcare system depends on an adequate 
        supply of trained nurses to deliver quality patient care.
            (2) Over the next 15 years, this shortage is expected to 
        grow significantly. The Health Resources and Services 
        Administration has projected that by 2020, there will be a 
        shortage of nurses in every State and that overall only 64 
        percent of the demand for nurses will be satisfied, with a 
        shortage of 1,016,900 nurses nationally.
            (3) To avert such a shortage, today's network of healthcare 
        workers should have access to education and support from their 
        employers to participate in educational and training 
        opportunities.
            (4) With the appropriate education and support, incumbent 
        healthcare workers and incumbent bedside nurses are untapped 
        sources which can meet these needs and address the nursing 
        shortage and provide quality care as the American population 
        ages.
    (b) Purposes of Grant Program.--It is the purpose of this section 
to authorize grants to--
            (1) address the projected shortage of nurses by funding 
        comprehensive programs to create a career ladder to nursing 
        (including Certified Nurse Assistants, Licensed Practical 
        Nurses, Licensed Vocational Nurses, and Registered Nurses) for 
        incumbent ancillary healthcare workers;
            (2) increase the capacity for educating nurses by 
        increasing both nurse faculty and clinical opportunities 
        through collaborative programs between staff nurse 
        organizations, healthcare providers, and accredited schools of 
        nursing; and
            (3) provide training programs through education and 
        training organizations jointly administered by healthcare 
        providers and healthcare labor organizations or other 
        organizations representing staff nurses and frontline 
        healthcare workers, working in collaboration with accredited 
        schools of nursing and academic institutions.
    (c) Grants.--Not later than 6 months after the date of enactment of 
this Act, the Secretary of Labor (referred to in this section as the 
``Secretary'') shall establish a partnership grant program to award 
grants to eligible entities to carry out comprehensive programs to 
provide education to nurses and create a pipeline to nursing for 
incumbent ancillary healthcare workers who wish to advance their 
careers, and to otherwise carry out the purposes of this section.
    (d) Eligible Entities.--To be eligible to receive a grant under 
this section an entity shall--
            (1) be--
                    (A) a healthcare entity that is jointly 
                administered by a healthcare employer and a labor union 
                representing the healthcare employees of the employer 
                and that carries out activities using labor management 
                training funds as provided for under section 302 of the 
                Labor-Management Relations Act, 1947 (18 U.S.C. 
                186(c)(6));
                    (B) an entity that operates a training program that 
                is jointly administered by--
                            (i) one or more healthcare providers or 
                        facilities, or a trade association of 
                        healthcare providers; and
                            (ii) one or more organizations which 
                        represent the interests of direct care 
                        healthcare workers or staff nurses and in which 
                        the direct care healthcare workers or staff 
                        nurses have direct input as to the leadership 
                        of the organization; or
                    (C) a State training partnership program that 
                consists of non-profit organizations that include equal 
                participation from industry, including public or 
                private employers, and labor organizations including 
                joint labor-management training programs, and which may 
                include representatives from local governments, worker 
                investment agency one-stop career centers, community 
                based organizations, community colleges, and accredited 
                schools of nursing; and
            (2) submit to the Secretary an application at such time, in 
        such manner, and containing such information as the Secretary 
        may require.
    (e) Additional Requirements for Healthcare Employer Desrribed in 
Subsection (d).--To be eligible for a grant under this section, a 
healthcare employer described in subsection (d) shall demonstrate--
            (1) an established program within their facility to 
        encourage the retention of existing nurses;
            (2) it provides wages and benefits to its nurses that are 
        competitive for its market or that have been collectively 
        bargained with a labor organization; and
            (3) support for programs funded under this section through 
        1 or more of the following:
                    (A) The provision of paid leave time and continued 
                health coverage to incumbent healthcare workers to 
                allow their participation in nursing career ladder 
                programs, including Certified Nurse Assistants, 
                Licensed Practical Nurses, Licensed Vocational Nurses, 
                and Registered Nurses.
                    (B) Contributions to a joint labor-management or 
                other jointly administered training fund which 
                administers the program involved.
                    (C) The provision of paid release time, incentive 
                compensation, or continued health coverage to staff 
                nurses who desire to work full- or part-time in a 
                faculty position.
                    (D) The provision of paid release time for staff 
                nurses to enable them to obtain a bachelor of science 
                in nursing degree, other advanced nursing degrees, 
                specialty training, or certification program.
                    (E) The payment of tuition assistance to incumbent 
                healthcare workers.
    (f) Other Requirements.--
            (1) Matching requirement.--
                    (A) In general.--The Secretary may not make a grant 
                under this section unless the applicant involved 
                agrees, with respect to the costs to be incurred by the 
                applicant in carrying out the program under the grant, 
                to make available non-Federal contributions (in cash or 
                in kind under subparagraph (B)) toward such costs in an 
                amount equal to not less than $1 for each $1 of Federal 
                funds provided in the grant. Such contributions may be 
                made directly or through donations from public or 
                private entities, or may be provided through the cash 
                equivalent of paid release time provided to incumbent 
                worker students.
                    (B) Determination of amount of non-federal 
                contribution.--Non-Federal contributions required in 
                subparagraph (A) may be in cash or in kind (including 
                paid release time), fairly evaluated, including 
                equipment or services (and excluding indirect or 
                overhead costs).
                    (C) Supplement, not supplant.--Funds made available 
                under this section shall supplement, and not supplant, 
                resources dedicated by an entity, or other Federal, 
                State, or localfunds available to carry out activities 
                described in this section.
            (2) Required collaboration.--Entities carrying out or 
        overseeing programs carried out with assistance provided under 
        this section shall demonstrate collaboration with accredited 
        schools of nursing which may include community colleges and 
        other academic institutions providing associate, bachelor's, or 
        advanced nursing degree programs or specialty training or 
        certification programs.
    (g) Activites.--Amounts awarded to an entity under a grant under 
this section shall be used for the following:
            (1) To carry out programs that provide education and 
        training to establish nursing career ladders to educate 
        incumbent healthcare workers to become nurses (including 
        Certified Nurse Assistants, Licensed Practical Nurses, Licensed 
        Vocational Nurses, and Registered Nurses). Such programs shall 
        include one or more of the following:
                    (A) Preparing incumbent workers to return to the 
                classroom through English as a second language 
                education, GED education, precollege counseling, 
                college preparation classes, and support with entry 
                level college classes that are a prerequisite to 
                nursing.
                    (B) Providing tuition assistance with preference 
                for dedicated cohort classes in community colleges, 
                universities, accredited schools of nursing with 
                supportive services including tutoring and counseling.
                    (C) Providing assistance in preparing for and 
                meeting all nursing licensure tests and requirements.
                    (D) Carrying out orientation and mentorship 
                programs that assist newly graduated nurses in 
                adjusting to working at the bedside to ensure their 
                retention post graduation, and ongoing programs to 
                support nurse retention.
                    (E) Providing stipends for release time and 
                continued healthcare coverage to enable incumbent 
                healthcare workers to participate in these programs.
            (2) To carry out programs that assist nurses in obtaining 
        advanced degrees and completing specialty training or 
        certification programs and to establish incentives for nurses 
        to assume nurse faculty positions on a part-time or full-time 
        basis. Such programs shall include one or more of the 
        following:
                    (A) Increasing the pool of nurses with advanced 
                degrees who are interested in teaching by funding 
                programs that enable incumbent nurses to return to 
                school.
                    (B) Establishing incentives for advanced degree 
                bedside nurses who wish to teach in nursing programs so 
                they can obtain a leave from their bedside position to 
                assume a full- or part-time position as adjunct or full 
                time faculty without the loss of salary or benefits.
                    (C) Collaboration with accredited schools of 
                nursing which may include community colleges and other 
                academic institutions providing associate, bachelor's, 
                or advanced nursing degree programs, or specialty 
                training or certification programs, for nurses to carry 
                out innovative nursing programs which meet the needs of 
                bedside nursing and healthcare providers.
    (h) Preference.--In awarding grants under this section the 
Secretary shall give preference to programs that--
            (1) provide for improving nurse retention;
            (2) provide for improving the diversity of the new nurse 
        graduates to reflect changes in the demographics of the patient 
        population;
            (3) provide for improving the quality of nursing education 
        to improve patient care and safety;
            (4) have demonstrated success in upgrading incumbent 
        healthcare workers to become nurses or which have established 
        effective programs or pilots to increase nurse faculty; or
            (5) are modeled after or affiliated with such programs 
        described in paragraph (4).
    (i) Evaluation.--
            (1) Program evaluations.--An entity that receives a grant 
        under this section shall annually evaluate, and submit to the 
        Secretary a report on, the activities carried out under the 
        grant and the outcomes of such activities. Such outcomes may 
        include--
                    (A) an increased number of incumbent workers 
                entering an accredited school of nursing and in the 
                pipeline for nursing programs;
                    (B) an increasing number of graduating nurses and 
                improved nurse graduation and licensure rates;
                    (C) improved nurse retention;
                    (D) an increase in the number of staff nurses at 
                the healthcare facility involved;
                    (E) an increase in the number of nurses with 
                advanced degrees in nursing;
                    (F) an increase in the number of nurse faculty;
                    (G) improved measures of patient quality as 
                determined by the Secretary; and
                    (H) an increase in the diversity of new nurse 
                graduates relative to the patient population.
            (2) General report.--Not later than September 30, 2011, the 
        Secretary of Labor shall, using data and information from the 
        reports received under paragraph (1), submit to Congress a 
        report concerning the overall effectiveness of the grant 
        program carried out under this section.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section for fiscal years 2010, 2011, and 
2012, such sums as may be necessary. Funds appropriated under this 
subsection shall remain available until expended without fiscal year 
limitation.

SEC. 4. COLLECTION OF DATA AND REPORTS TO CONGRESS ON FOREIGN-TRAINED 
              NURSES AND PHYSICAL THERAPISTS NEWLY ADMITTED TO THE 
              UNITED STATES EACH FISCAL YEAR.

    (a) Requirement To Collect Data.--With respect to each fiscal year, 
beginning with fiscal year 2009, the Secretary of Homeland Security 
shall collect the following data for each alien that acquires the 
status of a lawful permanent resident or a temporary alien worker 
(including as a temporary professional worker under the North American 
Free Trade Agreement) during that fiscal year for employment as a 
professional nurse or physical therapist:
            (1) The country of residence and country of nationality of 
        the alien at the time such status is acquired.
            (2) The country or countries in which the alien received 
        the professional education and training to be licensed as a 
        nurse or a physical therapist.
            (3) The name and address of the petitioning employer.
            (4) The name and and address of any recruiting agency used 
        by the petitioning employer with respect to the recruitment, 
        processing or preparation of the alien for the employment 
        involved.
            (5) The processing time for review and action on the 
        petition with respect to each such aliens.
    (b) Research of Data From Prior Fiscal Years.--
            (1) With respect to the fiscal years 2004 through 2008, the 
        Secretary shall determine which of the data required to be 
        collected pursuant to subsection (a) are available for 
        retrieval in electronic databases maintained by the Secretary.
            (2) In preparing the report for fiscal year 2009 mandated 
        by this section, the Secretary shall include a summary of all 
        such available data for fiscal years 2004 through 2008.
    (c) Reports.--The Secretary shall submit annual reports aggregating 
the data collected under subsection (a), and, with respect to the 
report for fiscal year 2009, such additional data identified pursuant 
to subsection (b), along with such related information as the Secretary 
determines to be appropriate, to the Committees on the Judiciary of the 
House of Representatives and the Senate not later than 90 days after 
the end of each fiscal year. Such reports shall include--
            (1) the aggregate number of aliens who acquired a status 
        described in subsection (a) during such fiscal year and 
        subtotals of the status categories acquired;
            (2) subtotals within each status category for the data 
        element collected pursuant to subsection (a); and
            (3) the average processing times for each different type of 
        petition or application involved in the acquisition of status.
    (d) Publication in the Federal Register.--The Secretary shall cause 
to have published in the Federal Register notice of the submittal to 
the Committees on the Judiciary of the House of Representatives and the 
Senate of each report required under subsection (c) and of the 
availability to the public of each such report.
                                 <all>