US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 294o

Advisory Council on Graduate Medical Education

(a)

Establishment; duties

There is established the Council on Graduate Medical Education (in this section referred to as the “Council”). The Council shall—
(1)
make recommendations to the Secretary of Health and Human Services (in this section referred to as the “Secretary”), and to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, with respect to—
(A)
the supply and distribution of physicians in the United States;
(B)
current and future shortages or excesses of physicians in medical and surgical specialties and subspecialties;
(C)
issues relating to foreign medical school graduates;
(D)
appropriate Federal policies with respect to the matters specified in subparagraphs (A), (B), and (C), including policies concerning changes in the financing of undergraduate and graduate medical education programs and changes in the types of medical education training in graduate medical education programs;
(E)
appropriate efforts to be carried out by hospitals, schools of medicine, schools of osteopathic medicine, and accrediting bodies with respect to the matters specified in subparagraphs (A), (B), and (C), including efforts for changes in undergraduate and graduate medical education programs; and
(F)
deficiencies in, and needs for improvements in, existing data bases concerning the supply and distribution of, and postgraduate training programs for, physicians in the United States and steps that should be taken to eliminate those deficiencies;
(2)
encourage entities providing graduate medical education to conduct activities to voluntarily achieve the recommendations of the Council under paragraph (1)(E);
(3)
develop, publish, and implement performance measures for programs under this subchapter, except for programs under part C or D;
(4)
section 294n(d)(2) of this title develop and publish guidelines for longitudinal evaluations (as described in ) for programs under this subchapter, except for programs under part C or D; and
(5)
recommend appropriation levels for programs under this subchapter, except for programs under part C or D.
(b)

Composition

The Council shall be composed of—
(1)
the Assistant Secretary for Health or the designee of the Assistant Secretary;
(2)
the Administrator of the Centers for Medicare & Medicaid Services;
(3)
the Chief Medical Director of the Department of Veterans Affairs;
(4)
the Administrator of the Health Resources and Services Administration;
(5)
6 members appointed by the Secretary to include representatives of practicing primary care physicians, national and specialty physician organizations, foreign medical graduates, and medical student and house staff associations;
(6)
4 members appointed by the Secretary to include representatives of schools of medicine and osteopathic medicine and public and private teaching hospitals; and
(7)
4 members appointed by the Secretary to include representatives of health insurers, business, and labor.
(c)

Terms of appointed members

(1)

In general; staggered rotation

Members of the Council appointed under paragraphs (4), (5), and (6) of subsection (b) shall be appointed for a term of 4 years, except that the term of office of the members first appointed shall expire, as designated by the Secretary at the time of appointment, 4 at the end of 1 year, 4 at the end of 2 years, 3 at the end of 3 years, and 3 at the end of 4 years.

(2)

Date certain for appointment

The Secretary shall appoint the first members to the Council under paragraphs (4), (5), and (6) of subsection (b) within 60 days after .

(d)

Chair

The Council shall elect one of its members as Chairman of the Council.

(e)

Quorum

Nine members of the Council shall constitute a quorum, but a lesser number may hold hearings.

(f)

Vacancies

Any vacancy in the Council shall not affect its power to function.

(g)

Compensation

section 5332 of title 51

1 So in original. Probably should be “travel time,”.
Each member of the Council who is not otherwise employed by the United States Government shall receive compensation at a rate equal to the daily rate prescribed for GS–18 under the General Schedule under for each day, including traveltime, such member is engaged in the actual performance of duties as a member of the Council. A member of the Council who is an officer or employee of the United States Government shall serve without additional compensation. All members of the Council shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties.

(h)

Certain authorities and duties

(1)

Authorities

In order to carry out the provisions of this section, the Council is authorized to—
(A)
collect such information, hold such hearings, and sit and act at such times and places, either as a whole or by subcommittee, and request the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Council or such subcommittee may consider available; and
(B)
request the cooperation and assistance of Federal departments, agencies, and instrumentalities, and such departments, agencies, and instrumentalities are authorized to provide such cooperation and assistance.
(2)

Coordination of activities

section 295k of this titlesection 295k of this titleThe Council shall coordinate its activities with the activities of the Secretary under . The Secretary shall, in cooperation with the Council and pursuant to the recommendations of the Council, take such steps as are practicable to eliminate deficiencies in the data base established under and shall make available in its reports such comprehensive data sets as are developed pursuant to this section.

(i)

Reports

Not later than , and not less than every 5 years thereafter, the Council shall submit to the Secretary, and to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report on the recommendations described in subsection (a).

(j)

Funding

Amounts otherwise appropriated under this subchapter may be utilized by the Secretary to support the activities of the Council.

July 1, 1944, ch. 373Pub. L. 102–408, title III, § 301106 Stat. 2080Pub. L. 102–531, title III, § 313(b)106 Stat. 3507Pub. L. 105–392, title I, § 104(b)112 Stat. 3552Pub. L. 107–251, title V, § 502116 Stat. 1664Pub. L. 111–148, title V, § 5103(d)(3)124 Stat. 606Pub. L. 116–136, div. A, title III, § 3401(10)134 Stat. 386(, title VII, § 762, formerly , , , as amended , , ; renumbered § 762 of act , and amended , , ; , , ; , , ; , , .)

Editorial Notes

Codification

section 295k of this titlePub. L. 105–392Section was formerly set out as a note under prior to renumbering by .

Prior Provisions

oact July 1, 1944, ch. 373, title VII, § 777Pub. L. 102–408, title I, § 102106 Stat. 2052Pub. L. 105–392A prior section 294, , as added , , , authorized grants and contracts for improvement of training in geriatrics, prior to the general amendment of this part by .

oact July 1, 1944, ch. 373, title VII, § 742Pub. L. 88–129, § 2(b)77 Stat. 172Pub. L. 89–290, § 4(c)79 Stat. 1057Pub. L. 89–709, § 3(e)80 Stat. 1103Pub. L. 89–751, § 5(b)80 Stat. 1232Pub. L. 90–490, title I, § 121(b)82 Stat. 778Pub. L. 92–52, § 1(a)85 Stat. 144Pub. L. 92–157, title I, § 105(a)85 Stat. 449Pub. L. 93–385, § 2(a)88 Stat. 741Pub. L. 94–278, title XI, § 1105(a)90 Stat. 416Pub. L. 94–484, title I, § 101(e)90 Stat. 2244Pub. L. 97–35, title XXVII, § 273495 Stat. 920Pub. L. 99–129, title II, § 209(g)99 Stat. 534Pub. L. 101–527, § 5(c)104 Stat. 2323Pub. L. 102–408section 292y of this titleAnother prior section 294, , as added , , ; amended , , ; , , ; , , ; , , ; , , ; , , (f)(2), , 451; , , ; , , ; , , title IV, §§ 404, 406(d), , 2267, 2268; , , ; , , ; , , , provided for authorization of appropriations for purpose of making Federal contributions into student loan funds, prior to the general amendment of this subchapter by . See .

section 295a of this titlePub. L. 99–129A prior section 762 of act , was classified to prior to repeal by .

section 295a of this titlePub. L. 91–696Another prior section 762 of act , was classified to prior to the general amendment of part D of this subchapter by .

Amendments

Pub. L. 116–136, § 3401(10)(A)2020—Subsec. (a)(1). , substituted “Committee on Health, Education, Labor, and Pensions” for “Committee on Labor and Human Resources” in introductory provisions.

Pub. L. 116–136, § 3401(10)(B)(i)Subsec. (b)(2). , substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”.

Pub. L. 116–136, § 3401(10)(B)(ii)Subsec. (b)(4) to (7). , (iii), added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.

lPub. L. 116–136, § 3401(10)(C)lSubsecs. (i) to (). , (D), added subsec. (i), redesignated subsec. () as (j), and struck out former subsecs. (i) to (k) which related to requirement regarding reports, final report, and termination of the Council, respectively.

Pub. L. 111–1482010—Subsec. (a)(3) to (5). added pars. (3) to (5).

Pub. L. 107–2512002—Subsec. (k). substituted “2003” for “2002”.

Pub. L. 105–392, § 104(b)(1)1998—Subsec. (j). , substituted “2002” for “1995”.

Pub. L. 105–392, § 104(b)(2)Subsec. (k). , substituted “2002” for “1995”.

lPub. L. 105–392, § 104(b)(3)lSubsec. (). , added subsec. ().

Pub. L. 102–5311992—Subsec. (a)(2). substituted “voluntarily” for “voluntary”.

Statutory Notes and Related Subsidiaries

Change of Name

section 1(a) of Pub. L. 104–14section 21 of Title 2Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by , set out as a note preceding , The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, .

section 302(e) of Pub. L. 102–405section 305 of Title 38Reference to Chief Medical Director of Department of Veterans Affairs deemed to refer to Under Secretary for Health of Department of Veterans Affairs pursuant to , set out as a note under , Veterans’ Benefits.

Effective Date of 1992 Amendment

Pub. L. 102–531Pub. L. 102–408section 313(c) of Pub. L. 102–531section 292y of this titleAmendment by effective immediately after enactment of , see , set out as a note under .

References in Other Laws to GS–16, 17, or 18 Pay Rates

Pub. L. 101–509section 5376 of Title 5References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of , set out in a note under .

Funding for Council on Graduate Medical Education

Pub. L. 112–74, div. F, title II, § 215125 Stat. 1085

Pub. L. 112–74section 301 of Public Law 102–408“Notwithstanding any other provisions of law, discretionary funds made available in this Act [div. F of , see Tables for classification] may be used to continue operating the Council on Graduate Medical Education established by [now section 762 of act , which is classified to this section].”
, , , provided that:

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 111–117, div. D, title II, § 216123 Stat. 3259, , .

Pub. L. 111–8, div. F, title II, § 216123 Stat. 782, , .

Pub. L. 110–161, div. G, title II, § 217121 Stat. 2187, , .

Pub. L. 109–149, title II, § 219119 Stat. 2861, , .

Pub. L. 108–447, div. F, title II, § 218118 Stat. 3141, , .

Pub. L. 108–199, div. E, title II, § 219118 Stat. 255, , .