H. R. 1929
To provide relief for the shortage of nurses in the United States,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 13, 2011
Mr. SENSENBRENNER (for himself and Mr. POLIS) 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
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-
`(1) IN GENERAL- Subject to paragraph (2), for petitions filed any time
prior to September 30, 2014, 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
`(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.
`(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
`(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
`(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
`(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
`(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
`(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
`(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
`(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
`(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
`(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
`(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
`(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, 2012, 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
`(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
(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
`(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
`(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;
`(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
(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
(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
(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
`(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
(b) Purposes of Grant Program- It is the purpose of this section to authorize
(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
(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
(d) Eligible Entities- To be eligible to receive a grant under this section
an entity shall--
(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
(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 Described 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;
(3) support for programs funded under this section through 1 or more of
(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.
(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
(g) Activities- 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
(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
(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
(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
(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;
(H) an increase in the diversity of new nurse graduates relative to the
(2) GENERAL REPORT- Not later than September 30, 2013, 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 2012, 2013, and 2014, 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
NEWLY ADMITTED TO THE UNITED STATES EACH FISCAL YEAR.
(a) Requirement To Collect Data- With respect to each fiscal year, beginning
with fiscal year 2011, 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:
(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.
(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 2006 through 2010, 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
(2) In preparing the report for fiscal year 2011 mandated by this section,
the Secretary shall include a summary of all such available data for fiscal
years 2006 through 2010.
(c) Reports- The Secretary shall submit annual reports aggregating the data
collected under subsection (a), and, with respect to the report for fiscal
year 2011, 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
(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