42 U.S.C. § 11709 — Native Hawaiian health scholarships

Page 8214 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11708 (B) the amounts and purposes for which Fed- eral funds were expended; and (C) such other information as the Secretary may request. (2) The reports and records of any entity which concern any grant or contract under this chap- ter shall be subject to audit by the Secretary, the Inspector General of the Department of Health and Human Services, and the Comp- troller General of the United States. (g) Annual private audit The Secretary shall allow as a cost of any grant made or contract entered into under this chapter the cost of an annual private audit con- ducted by a certified public accountant. (Pub. L. 100–579, § 8, Oct. 31, 1988, 102 Stat. 2921; Pub. L. 100–690, title II, § 2308, Nov. 18, 1988, 102 Stat. 4228; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (c)(4), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classifica- tion of this Act to the Code, see section 1305 of this title and Tables. CODIFICATION In subsec. (d)(3), ‘‘sections 3131 and 3133 of title 40’’ substituted for ‘‘the Act of August 24, 1935 (40 U.S.C. 270a et seq.)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on ‘‘September 12, 1992’’, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress. Pub. L. 100–579 and Pub. L. 100–690 enacted substan- tially identical sections. The text of this section is based on section 8 of Pub. L. 100–579, as subsequently amended. AMENDMENTS 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section defined terms for purposes of this chapter. § 11708. Assignment of personnel (a) In general The Secretary is authorized to enter into an agreement with any entity under which the Sec- retary is authorized to assign personnel of the Department of Health and Human Services with expertise identified by such entity to such enti- ty on detail for the purposes of providing com- prehensive health promotion and disease preven- tion services to Native Hawaiians. (b) Applicable Federal personnel provisions Any assignment of personnel made by the Sec- retary under any agreement entered into under the authority of subsection (a) shall be treated as an assignment of Federal personnel to a local government that is made in accordance with subchapter VI of chapter 33 of title 5. (Pub. L. 100–579, § 9, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100–690, title II, § 2309, Nov. 18, 1988, 102 Stat. 4229; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.) Editorial Notes CODIFICATION The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on ‘‘September 12, 1992’’, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress. Pub. L. 100–579 and Pub. L. 100–690 enacted substan- tially identical sections. The text of this section is based on section 9 of Pub. L. 100–579, as subsequently amended. AMENDMENTS 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to rule of construction. § 11709. Native Hawaiian health scholarships (a) Eligibility Subject to the availability of funds appro- priated under the authority of subsection (c) of this section, the Secretary shall provide funds through a direct grant or a cooperative agree- ment to Papa Ola Lokahi for the purpose of pro- viding scholarship assistance to students who— (1) meet the requirements of paragraphs (1), (3), and (4) of section 254l(b) of this title, and (2) are Native Hawaiians. (b) Terms and conditions (1) The scholarship assistance provided under subsection (a) of this section shall be provided under the same terms and subject to the same conditions, regulations, and rules that apply to scholarship assistance provided under section 254l of this title, provided that— (A) the provision of scholarships in each type of health care profession training shall correspond to the need for each type of health care professional identified in the Native Ha- waiian comprehensive health care master plan implemented under section 11703 of this title to serve the Native Hawaiian health care sys- tems, as identified by Papa Ola Lokahi; (B) the primary health services covered under the scholarship assistance program under this section shall be the services in- cluded under the definition of that term under section 11711(8) of this title; (C) to the maximum extent practicable, the Secretary shall select scholarship recipients from a list of eligible applicants submitted by the Papa Ola Lokahi; (D) the obligated service requirement for each scholarship recipient shall be fulfilled through the full-time clinical or nonclinical practice of the health profession of the schol- arship recipient, in an order of priority that would provide for practice— (i) first, in any one of the five Native Ha- waiian health care systems; and (ii) second, in— (I) a health professional shortage area or medically underserved area located in the State of Hawaii; or Page 8215 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11710 1 So in original. The comma probably should be a semicolon. (II) a geographic area or facility that is— (aa) located in the State of Hawaii; and (bb) has a designation that is similar to a designation described in subclause (I) made by the Secretary, acting through the Public Health Service; (E) the provision of counseling, retention and other support services shall not be limited to scholarship recipients, but shall also in- clude recipients of other scholarship and fi- nancial aid programs enrolled in appropriate health professions training programs,1 (F) the obligated service of a scholarship re- cipient shall not be performed by the recipient through membership in the National Health Service Corps; and (G) the requirements of sections 254d through 254k of this title, section 254m of this title, other than subsection (b)(5) of that sec- tion, and section 254n of this title applicable to scholarship assistance provided under sec- tion 254l of this title shall not apply to the scholarship assistance provided under sub- section (a) of this section. (2) The Native Hawaiian Health Scholarship program shall not be administered by or through the Indian Health Service. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for fiscal years 1993 through 2019 for the purpose of funding the scholarship assistance provided under sub- section (a) of this section. (Pub. L. 100–579, § 10, as added Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948; amend- ed Pub. L. 105–256, § 12, Oct. 14, 1998, 112 Stat. 1899; Pub. L. 107–116, title V, § 514(a), Jan. 10, 2002, 115 Stat. 2219; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Amendment by Pub. L. 111–148 is based on section 202(a) of title II of S. 1790, One Hundred Eleventh Con- gress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. Section enacted by section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, which was enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on ‘‘September 12, 1992’’, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Con- gress. PRIOR PROVISIONS A prior section 11709, Pub. L. 100–579, § 11, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100–690, title II, § 2311, Nov. 18, 1988, 102 Stat. 4229, which related to compliance with Budget Act, was amended generally by Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948, and trans- ferred to section 11710 of this title. A prior section 10 of Pub. L. 100–579 repealed former section 1621d of Title 25, Indians. AMENDMENTS 2010—Subsec. (c). Pub. L. 111–148, which directed the amendment of section 10(c) of the Native Hawaiian Health Care Act of 1988 by substituting ‘‘2019’’ for ‘‘2001’’, was executed by making the amendment to this section, which is section 10 of the Native Hawaiian Health Care Improvement Act, to reflect the probable intent of Congress. 2002—Subsec. (a). Pub. L. 107–116, § 514(a)(1), sub- stituted ‘‘Papa Ola Lokahi’’ for ‘‘Kamehameha School/ Bishop Estate’’ in introductory provisions. Subsec. (b)(1)(C). Pub. L. 107–116, § 514(a)(2), which di- rected the substitution of ‘‘Papa Ola Lokahi’’ for ‘‘Ka- mehameha School/Bishop Estate’’, was executed by making the substitution for ‘‘Kamehameha Schools/ Bishop Estate’’ to reflect the probable intent of Con- gress. 1998—Subsec. (a)(1). Pub. L. 105–256, § 12(a), which di- rected amendment of subsec. (a)(1) by substituting ‘‘meet the requirements of paragraphs (1), (3), and (4) of section 254l(b) of this title’’ for ‘‘meet the requirements of section 254l of this title’’, was executed by making the substitution for ‘‘meet the requirements of section 254b of this title’’, to reflect the probable intent of Con- gress. Subsec. (b)(1)(A). Pub. L. 105–256, § 12(b)(1), inserted ‘‘identified in the Native Hawaiian comprehensive health care master plan implemented under section 11703 of this title’’ after ‘‘health care professional’’. Subsec. (b)(1)(B). Pub. L. 105–256, § 12(b)(2), (3), added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (b)(1)(C). Pub. L. 105–256, § 12(b)(2), redesig- nated subpar. (B) as (C). Former subpar. (C) redesig- nated (D). Subsec. (b)(1)(D). Pub. L. 105–256, § 12(b)(4), added sub- par. (D) and struck out former subpar. (D) which read as follows: ‘‘the obligated service requirement for each scholarship recipient shall be fulfilled through service, in order of priority, in (i) any one of the five Native Ha- waiian health care systems, or (ii) health professions shortage areas, medically underserved areas, or geo- graphic areas or facilities similarly designated by the United States Public Health Service in the State of Ha- waii; and’’. Pub. L. 105–256, § 12(b)(2), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E). Subsec. (b)(1)(E). Pub. L. 105–256, § 12(b)(2), redesig- nated subpar. (D) as (E). Subsec. (b)(1)(F), (G). Pub. L. 105–256, § 12(b)(5), (6), added subpars. (F) and (G). § 11710. Report The President shall, at the time the budget is submitted under section 1105 of title 31, for each fiscal year transmit to the Congress a report on the progress made in meeting the objectives of this chapter, including a review of programs es- tablished or assisted pursuant to this chapter and an assessment and recommendations of ad- ditional programs or additional assistance nec- essary to, at a minimum, provide health services to Native Hawaiians, and ensure a health status for Native Hawaiians, which are at a parity with the health services available to, and the health status of, the general population. (Pub. L. 100–579, § 11, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100–690, title II, § 2311, Nov. 18, 1988, 102 Stat. 4229; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.) Editorial Notes CODIFICATION The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on ‘‘September 12, 1992’’, has been treated as referring to S. 2681, as passed by the