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119th Congress

Title 42 — The Public Health and Welfare

Chapter 122 — Native Hawaiian Health Care

§ 11709. Native Hawaiian health scholarships

Statutory text

(a)

Eligibility

Subject to the availability of funds appropriated under the authority of subsection (c) of this section, the Secretary shall provide funds through a direct grant or a cooperative agreement to Papa Ola Lokahi for the purpose of providing 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 Hawaiian comprehensive health care master plan implemented under section 11703 of this title to serve the Native Hawaiian health care systems, as identified by Papa Ola Lokahi;

(B)

the primary health services covered under the scholarship assistance program under this section shall be the services included 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 scholarship recipient, in an order of priority that would provide for practice—

(i)

first, in any one of the five Native Hawaiian health care systems; and

(ii)

second, in—

(I)

a health professional shortage area or medically underserved area located in the State of Hawaii; or

(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 include recipients of other scholarship and financial aid programs enrolled in appropriate health professions training programs,1

(F)

the obligated service of a scholarship recipient 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 section, and section 254n of this title applicable to scholarship assistance provided under section 254l of this title shall not apply to the scholarship assistance provided under subsection (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 subsection (a) of this section.

Footnotes

  1. 1 So in original. The comma probably should be a semicolon.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Native Hawaiian Health Care Act of 1988

    Pub. L. 100–579 § 10 · 102 Stat. 2916

    Enacted · 42 U.S.C. § 11709

    Pub. L. 100–579, § 10, as added Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948

    Source evidence

    Code source credit
    Pub. L. 100–579, § 10, as added Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948

    Enacted provision · exact public law section
    SEC. 10. REPEAL OF DEMONSTRATION PROJECT. Section 205 of the Indian Health Care Improvement Act, as added by section 203(c) of the Indian Health Care Amendments of 1988, is 25 USC 1621d. repealed.

  2. Pub. L. 105–256 § 12(a) · 112 Stat. 1896

    Substituted · 42 U.S.C. § 11709(a)(1)

    Pub. L. 105–256, § 12(a), which directed 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 Congress

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 105–256, § 12(a), which directed 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 Congress.

    Enacted provision · exact public law section
    (a) Eligibility.— Section 10(a)(1) of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11709(a)(1)) is amended by striking “meet the requirements of section 338A of the Public Health Service Act (42 U.S.C. 2541)” and inserting “meet the requirements of paragraphs (1), (3), and (4) of section 338A(b) of the Public Health Service Act (42 U.S.C. 2541(b))”.

  3. Pub. L. 105–256 § 12(b)(1) · 112 Stat. 1896

    Inserted · 42 U.S.C. § 11709(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by inserting “identified in the Native Hawaiian comprehensive health care master plan implemented under section 4” after “health care professional”;

  4. Pub. L. 105–256 § 12(b)(2) · 112 Stat. 1896

    1. Added · 42 U.S.C. § 11709(b)(1)(B)

      Pub. L. 105–256, § 12(b)(2), (3), added subpar. (B)

    2. Redesignated · 42 U.S.C. § 11709(b)(1)(B)

      Pub. L. 105–256, § 12(b)(2), (3), redesignated former subpar. (B) as (C)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 105–256, § 12(b)(2), (3), added subpar. (B) and redesignated former subpar. (B) as (C).

    Enacted provision · exact public law section
    (2) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively;

  5. Pub. L. 105–256 § 12(b)(2) · 112 Stat. 1896

    Redesignated · 42 U.S.C. § 11709(b)(1)(C)

    Pub. L. 105–256, § 12(b)(2), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 105–256, § 12(b)(2), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D).

    Enacted provision · exact public law section
    (2) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively;

  6. Pub. L. 105–256 § 12(b)(4) · 112 Stat. 1896

    1. Added · 42 U.S.C. § 11709(b)(1)(D)

      Pub. L. 105–256, § 12(b)(4), added subpar. (D)

    2. Struck · 42 U.S.C. § 11709(b)(1)(D)

      Pub. L. 105–256, § 12(b)(4), 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 Hawaiian health care systems, or (ii) health professions shortage areas, medically underserved areas, or geographic areas or facilities similarly designated by the United States Public Health Service in the State of Hawaii; and”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D). Pub. L. 105–256, § 12(b)(4), added subpar. (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 Hawaiian health care systems, or (ii) health professions shortage areas, medically underserved areas, or geographic areas or facilities similarly designated by the United States Public Health Service in the State of Hawaii; and”.

    Enacted provision · exact public law section
    (4) by striking subparagraph (D), as redesignated, and inserting the following: “(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 scholarship recipient, in an order of priority that would provide for practice— “(i) first, in any one of the five Native Hawaiian health care systems; and “(ii) second, in— “(I) a health professional shortage area or medically underserved area located in the State of Hawaii; or “(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;”;

  7. Pub. L. 105–256 § 12(b)(2) · 112 Stat. 1896

    Redesignated · 42 U.S.C. § 11709(b)(1)(D)

    Pub. L. 105–256, § 12(b)(2), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–256, § 12(b)(2), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E).

    Enacted provision · exact public law section
    (2) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively;

  8. Pub. L. 105–256 § 12(b)(2) · 112 Stat. 1896

    Redesignated · 42 U.S.C. § 11709(b)(1)(E)

    Pub. L. 105–256, § 12(b)(2), redesignated subpar. (D) as (E)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(E). Pub. L. 105–256, § 12(b)(2), redesignated subpar. (D) as (E).

    Enacted provision · exact public law section
    (2) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively;

  9. Pub. L. 105–256 § 12(b)(5) · 112 Stat. 1896

    Added · 42 U.S.C. § 11709(b)(1)(F); 42 U.S.C. § 11709(b)(1)(G)

    Pub. L. 105–256, § 12(b)(5), (6), added subpars. (F) and (G)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(F), (G). Pub. L. 105–256, § 12(b)(5), (6), added subpars. (F) and (G).

    Enacted provision · exact public law section
    (5) in subparagraph (E), as redesignated, by striking the period and inserting a comma; and

  10. Pub. L. 107–116 § 514(a)(1) · 115 Stat. 2177

    Substituted · 42 U.S.C. § 11709(a)

    Pub. L. 107–116, § 514(a)(1), substituted “Papa Ola Lokahi” for “Kamehameha School/Bishop Estate” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–116, § 514(a)(1), substituted “Papa Ola Lokahi” for “Kamehameha School/Bishop Estate” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a) in the matter preceding paragraph (1), by striking “Kamehameha School/Bishop Estate” and inserting “Papa Ola Lokahi”; and

  11. Pub. L. 107–116 § 514(a)(2) · 115 Stat. 2177

    Substituted · 42 U.S.C. § 11709(b)(1)(C)

    Pub. L. 107–116, § 514(a)(2), which directed the substitution of “Papa Ola Lokahi” for “Kamehameha School/Bishop Estate”, was executed by making the substitution for “Kamehameha Schools/Bishop Estate” to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 107–116, § 514(a)(2), which directed the substitution of “Papa Ola Lokahi” for “Kamehameha School/Bishop Estate”, was executed by making the substitution for “Kamehameha Schools/Bishop Estate” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (2) in subsection (b)(1)(C), by striking “Kamehameha School/Bishop Estate” and inserting “Papa Ola Lokahi”.

  12. Patient Protection and Affordable Care Act

    Pub. L. 111–148 title X § 10221(a) · 124 Stat. 119

    Substituted · 42 U.S.C. § 11709(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) In General.— Except as provided in subsection (b), S. 1790 entitled “A bill to amend the Indian Health Care Improvement Act to revise and extend that Act, and for other purposes.”, as reported by the Committee on Indian Affairs of the Senate in December 2009, is enacted into law.

14 of 14 references resolved to an enrolled provision

Editorial Notes

Codification

Amendment by Pub. L. 111–148 is based on section 202(a) of title II of S. 1790, One Hundred Eleventh Congress, 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 , 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 “”, has been treated as referring to S. 2681, as passed by the Senate on , to reflect the probable intent of Congress.

Prior Provisions

A prior section 11709, Pub. L. 100–579, § 11, , 102 Stat. 2923; Pub. L. 100–690, title II, § 2311, , 102 Stat. 4229, which related to compliance with Budget Act, was amended generally by Pub. L. 102–396, title IX, § 9168, , 106 Stat. 1948, and transferred to section 11710 of this title.

A prior section 10 of Pub. L. 100–579 repealed former section 1621d of Title 25, Indians.

Amendments1998–2010 · 3 rounds

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), substituted “Papa Ola Lokahi” for “Kamehameha School/Bishop Estate” in introductory provisions.

Subsec. (b)(1)(C). Pub. L. 107–116, § 514(a)(2), which directed the substitution of “Papa Ola Lokahi” for “Kamehameha School/Bishop Estate”, was executed by making the substitution for “Kamehameha Schools/Bishop Estate” to reflect the probable intent of Congress.

1998

Subsec. (a)(1). Pub. L. 105–256, § 12(a), which directed 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 Congress.

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), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D).

Subsec. (b)(1)(D). Pub. L. 105–256, § 12(b)(4), added subpar. (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 Hawaiian health care systems, or (ii) health professions shortage areas, medically underserved areas, or geographic areas or facilities similarly designated by the United States Public Health Service in the State of Hawaii; 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), redesignated subpar. (D) as (E).

Subsec. (b)(1)(F), (G). Pub. L. 105–256, § 12(b)(5), (6), added subpars. (F) and (G).

Credits

1992–2010 · 4 acts
  1. 1992Pub. L. 100–579, § 10, as added Pub. L. 102–396, title IX, § 9168, , 106 Stat. 1948
  2. 1998amended Pub. L. 105–256, § 12, , 112 Stat. 1899
  3. 2002Pub. L. 107–116, title V, § 514(a), , 115 Stat. 2219
  4. 2010Pub. L. 111–148, title X, § 10221(a), , 124 Stat. 935.
Show as published

(Pub. L. 100–579, § 10, as added Pub. L. 102–396, title IX, § 9168, , 106 Stat. 1948; amended Pub. L. 105–256, § 12, , 112 Stat. 1899; Pub. L. 107–116, title V, § 514(a), , 115 Stat. 2219; Pub. L. 111–148, title X, § 10221(a), , 124 Stat. 935.)

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USLM identifier /us/usc/t42/s11709