42 U.S.C. § 11710 — Report

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 Page 8216 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11711 Senate on Aug. 7, 1992, to reflect the probable intent of Congress. Section was formerly classified to section 11709 of this title prior to the general amendment of this chap- ter by Pub. L. 102–396. Pub. L. 100–579 and Pub. L. 100–690 enacted substan- tially identical sections. The text of this section is based on section 11 of Pub. L. 100–579, as subsequently amended. PRIOR PROVISIONS A prior section 11710, Pub. L. 100–579, § 12, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100–690, title II, § 2312, Nov. 18, 1988, 102 Stat. 4230, which related to severability, was amended generally by Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948, and transferred to section 11711 of this title. AMENDMENTS 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to compliance with Budget Act. § 11711. Definitions For purposes of this chapter: (1) Disease prevention The term ‘‘disease prevention’’ includes— (A) immunizations, (B) control of high blood pressure, (C) control of sexually transmittable dis- eases, (D) prevention and control of diabetes, (E) control of toxic agents, (F) occupational safety and health, (G) accident prevention, (H) fluoridation of water, (I) control of infectious agents, and (J) provision of mental health care. (2) Health promotion The term ‘‘health promotion’’ includes— (A) pregnancy and infant care, including prevention of fetal alcohol syndrome, (B) cessation of tobacco smoking, (C) reduction in the misuse of alcohol and drugs, (D) improvement of nutrition, (E) improvement in physical fitness, (F) family planning, (G) control of stress, and (H) educational programs with the mission of improving the health, capability, and well-being of Native Hawaiians. (3) Native Hawaiian The term ‘‘Native Hawaiian’’ means any in- dividual who is— (A) a citizen of the United States, and (B) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii, as evidenced by— (i) genealogical records, (ii) Kupuna (elders) or Kama’aina (long- term community residents) verification, or (iii) birth records of the State of Hawaii. (4) Native Hawaiian health center The term ‘‘Native Hawaiian health center’’ means an entity— (A) which is organized under the laws of the State of Hawaii, (B) which provides or arranges for health care services through practitioners licensed by the State of Hawaii, where licensure re- quirements are applicable, (C) which is a public or nonprofit private entity, and (D) in which Native Hawaiian health prac- titioners significantly participate in the planning, management, monitoring, and evaluation of health services. (5) Native Hawaiian organization The term ‘‘Native Hawaiian organization’’ means any organization— (A) which serves the interests of Native Hawaiians, (B) which is— (i) recognized by Papa Ola Lokahi for the purpose of planning, conducting, or admin- istering programs (or portions of pro- grams) authorized under this chapter for the benefit of Native Hawaiians, and (ii) certified by Papa Ola Lokahi as hav- ing the qualifications and capacity to pro- vide the services, and meet the require- ments, under the contract the organiza- tion enters into with, or grant the organi- zation receives from, the Secretary under this chapter, (C) in which Native Hawaiian health prac- titioners significantly participate in the planning, management, monitoring, and evaluation of health services, and (D) which is a public or nonprofit private entity. (6) Native Hawaiian health care system The term ‘‘Native Hawaiian health care sys- tem’’ means an entity— (A) which is organized under the laws of the State of Hawaii, (B) which provides or arranges for health care services through practitioners licensed by the State of Hawaii, where licensure re- quirements are applicable, (C) which is a public or nonprofit private entity, (D) in which Native Hawaiian health prac- titioners significantly participate in the planning, management, monitoring, and evaluation of health care services, (E) which may be composed of as many Na- tive Hawaiian health centers as necessary to meet the health care needs of each island’s Native Hawaiians, and (F) which is— (i) recognized by Papa Ola Lokahi for the purpose of planning, conducting, or admin- istering programs, or portions of pro- grams, authorized by this chapter for the benefit of Native Hawaiians, and (ii) certified by Papa Ola Lokahi as hav- ing the qualifications and the capacity to provide the services and meet the require- ments under the contract the Native Ha- waiian health care system enters into with the Secretary or the grant the Native Ha- waiian health care system receives from the Secretary pursuant to this chapter. (7) Papa Ola Lokahi (A) The term ‘‘Papa Ola Lokahi’’ means an organization composed of— (i) E Ola Mau;