42 U.S.C. § 11702 — Declaration of policy

Page 8208 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11702 of this Act to the Code, see section 2991 of this title and Tables. The American Indian Religious Freedom Act, re- ferred to in par. (19), is Pub. L. 95–341, Aug. 11, 1978, 92 Stat. 469, which is classified to sections 1996 and 1996a of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1996 of this title and Tables. The National Museum of the American Indian Act, referred to in par. (19), is Pub. L. 101–185, Nov. 28, 1989, 103 Stat. 1336, which is classified generally to sub- chapter XIII (§ 80q et seq.) of chapter 3 of Title 20, Edu- cation. For complete classification of this Act to the Code, see Short Title note set out under section 80q of Title 20 and Tables. The Native American Graves Protection and Repatri- ation Act, referred to in par. (19), is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified prin- cipally to chapter 32 (§ 3001 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 25 and Tables. The Older Americans Act of 1965, referred to in par. (20), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which is classified generally to chapter 35 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables. The Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987, referred to in par. (20), is Pub. L. 100–146, Oct. 29, 1987, 101 Stat. 840. For com- plete classification of this Act to the Code, see Short Title of 1987 Amendment note set out under section 6000 of this title and Tables. The Veterans’ Benefits and Services Act of 1988, re- ferred to in par. (20), is Pub. L. 100–322, May 20, 1988, 102 Stat. 487. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under section 101 of Title 38, Veterans’ Benefits, and Tables. The Rehabilitation Act of 1973, referred to in par. (20), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. The Native Hawaiian Health Care Act of 1988, referred to in par. (20), was Pub. L. 100–579, Oct. 31, 1988, 102 Stat. 2916, and subtitle D of title II of Pub. L. 100–690, Nov. 18, 1988, 102 Stat. 4222, which were classified gen- erally to this chapter prior to being amended generally and renamed the Native Hawaiian Health Care Im- provement Act by Pub. L. 102–396. For complete classi- fication of this Act to the Code, see Tables. The Health Professions Reauthorization Act of 1988, referred to in par. (20), is title VI of Pub. L. 100–607, Nov. 4, 1988, 102 Stat. 3122. For complete classification of this Act to the Code, see Short Title of 1988 Amend- ments note set out under section 201 of this title and Tables. The Nursing Shortage Reduction and Education Ex- tension Act of 1988, referred to in par. (20), is title VII of Pub. L. 100–607, Nov. 4, 1988, 102 Stat. 3153. For com- plete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under section 201 of this title and Tables. The Handicapped Programs Technical Amendments Act of 1988, referred to in par. (20), is Pub. L. 100–630, Nov. 7, 1988, 102 Stat. 3289. For complete classification of this Act to the Code, see Short Title of 1988 Amend- ment note set out under section 1400 of Title 20, Edu- cation, and Tables. The Indian Health Care Amendments of 1988, referred to in par. (20), is Pub. L. 100–713, Nov. 23, 1988, 102 Stat. 4784. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 1601 of Title 25, Indians, and Tables. The Disadvantaged Minority Health Improvement Act of 1990, referred to in par. (20), is Pub. L. 101–527, Nov. 6, 1990, 104 Stat. 2311. For complete classification of this Act to the Code, see Short Title of 1990 Amend- ments note set out under section 201 of this title and Tables. The Anti-Drug Abuse Act of 1986, referred to in par. (21), is Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under sec- tion 801 of Title 21, Food and Drugs, and Tables. 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 identical sections. The text of this section is based on section 2 of Pub. L. 100–579, as subsequently amended. AMENDMENTS 1992—Pub. L. 102–396 amended section generally sub- stituting pars. (1) to (22) for former pars. (1) to (3) which set forth findings of Congress. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 100–579, § 1, Oct. 31, 1988, 102 Stat. 2916, and Pub. L. 100–690, title II, subtitle D, § 2301, Nov. 18, 1988, 102 Stat. 4222, as amended by Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948, provided that: ‘‘This Act [enacting this chapter and repealing section 1621d of Title 25, Indians] may be cited as the ‘Native Hawai- ian Health Care Improvement Act’.’’ [The note set out above is based on section 1 of Pub. L. 100–579 as amended generally by Pub. L. 102–396. See Codification note preceding this section.] § 11702. Declaration of policy (a) Congress The Congress hereby declares that it is the policy of the United States in fulfillment of its special responsibilities and legal obligations to the indigenous people of Hawaii resulting from the unique and historical relationship between the United States and the Government of the in- digenous people of Hawaii— (1) to raise the health status of Native Ha- waiians to the highest possible health level; and (2) to provide existing Native Hawaiian health care programs with all resources nec- essary to effectuate this policy. (b) Intent of Congress It is the intent of the Congress that the Na- tion meet the following health objectives with respect to Native Hawaiians by the year 2000: (1) Reduce coronary heart disease deaths to no more than 100 per 100,000. (2) Reduce stroke deaths to no more than 20 per 100,000. (3) Increase control of high blood pressure to at least 50 percent of people with high blood pressure. (4) Reduce blood cholesterol to an average of no more than 200 mg/dl. (5) Slow the rise in lung cancer deaths to achieve a rate of no more than 42 per 100,000. (6) Reduce breast cancer deaths to no more than 20.6 per 100,000 women. Page 8209 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11703 1 So in original. Probably should be ‘‘age’’. 2 So in original. Probably should be ‘‘prevalence’’. 3 So in original. The ‘‘; and’’ probably should be a period. (7) Increase Pap tests every 1 to 3 years to at least 85 percent of women age 18 and older. (8) Increase fecal occult blood testing every 1 to 2 years to at least 50 percent of people age 50 and older. (9) Reduce diabetes-related deaths to no more than 34 per 100,000. (10) Reduce the most severe complications of diabetes as follows: (A) end-stage renal disease to no more than 1.4 in 1,000; (B) blindness to no more than 1.4 in 1,000; (C) lower extremity amputation to no more than 4.9 in 1,000; (D) perinatal mortality to no more than 2 percent; and (E) major congenital malformations to no more than 4 percent. (11) Reduce infant mortality to no more than 7 deaths per 1,000 live births. (12) Reduce low birth weight to no more than 5 percent of live births. (13) Increase first trimester prenatal care to at least 90 percent of live births. (14) Reduce teenage pregnancies to no more than 50 per 1,000 girls age 17 and younger. (15) Reduce unintended pregnancies to no more than 30 percent of pregnancies. (16) Increase to at least 60 percent the pro- portion of primary care providers who provide age-appropriate preconception care and coun- seling. (17) Increase years of healthy life to at least 65 years. (18) Eliminate financial barriers to clinical preventive services. (19) Increase childhood immunization levels to at least 90 percent of 2-year-olds. (20) Reduce the prevalence of dental caries to no more than 35 percent of children by age 8. (21) Reduce untreated dental caries so that the proportion of children with untreated car- ies (in permanent or primary teeth) is no more than 20 percent among children age 6 through 8 and no more than 15 percent among adoles- cents age 15. (22) Reduce edentulism to no more than 20 percent in people age 65 and older. (23) Increase moderate daily physical activ- ity to at least 30 percent of the population. (24) Reduce sedentary lifestyles to no more than 15 percent of the population. (25) Reduce overweight to a prevalence of no more than 20 percent of the population. (26) Reduce dietary fat intake to an average of 30 percent of calories or less. (27) Increase to at least 75 percent the pro- portion of primary care providers who provide nutrition assessment and counseling or refer- ral to qualified nutritionists or dieticians. (28) Reduce cigarette smoking prevalence to no more than 15 percent of adults. (29) Reduce initiation of smoking to no more than 15 percent by age 20. (30) Reduce alcohol-related motor vehicle crash deaths to no more than 8.5 per 100,000 ad- justed for age. (31) Reduce alcohol use by school children age 12 to 17 to less than 13 percent. (32) Reduce marijuana use by youth age 18 to 25 to less than 8 percent. (33) Reduce cocaine use by youth aged 1 18 to 25 to less than 3 percent. (34) Confine HIV infection to no more than 800 per 100,000. (35) Reduce gonorrhea infections to no more than 225 per 100,000. (36) Reduce syphilis infections to no more that 10 per 100,000. (37) Reduce significant hearing impairment to a prevalance 2 of no more than 82 per 1,000. (38) Reduce acute middle ear infections among children age 4 and younger, as meas- ured by days of restricted activity or school absenteeism, to no more than 105 days per 100 children. (39) Reduce indigenous cases of vaccine-pre- ventable diseases as follows: (A) Diphtheria among individuals age 25 and younger to 0; (B) Tetanus among individuals age 25 and younger to 0; (C) Polio (wild-type virus) to 0; (D) Measles to 0; (E) Rubella to 0; (F) Congenital Rubella Syndrome to 0; (G) Mumps to 500; and (H) Pertussis to 1,000; and 3 (40) Reduce significant visual impairment to a prevalence of no more than 30 per 1,000. (c) Report The Secretary shall submit to the President, for inclusion in each report required to be trans- mitted to the Congress under section 11710 of this title, a report on the progress made in each area toward meeting each of the objectives de- scribed in subsection (b). (Pub. L. 100–579, § 3, Oct. 31, 1988, 102 Stat. 2916; Pub. L. 100–690, title II, § 2303, Nov. 18, 1988, 102 Stat. 4223; 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 identical sections. The text of this section is based on section 3 of Pub. L. 100–579, as subsequently amended. AMENDMENTS 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to comprehensive health care master plan for Native Hawaiians. § 11703. Comprehensive health care master plan for Native Hawaiians (a) Development The Secretary may make a grant to, or enter into a contract with, Papa Ola Lokahi for the