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U.S.C.
Notes

§11711. Definitions — Inbound Citations

42 U.S.C. § 11711

Cited by 129 provisions in release 119-102.

Citations to 42 U.S.C. § 11711 as a whole

Citations to §11711(1)

Citations to §11711(2)

Citations to §11711(3)

  • 42 U.S.C. § 11701(1)
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    (1) Native Hawaiians comprise a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago whose society was organized as a Nation prior to the arrival of the first nonindigenous people in 1778.
  • 42 U.S.C. § 11701(2)
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    (2) The Native Hawaiian people are determined to preserve, develop and transmit to future generations their ancestral territory, and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions.
  • 42 U.S.C. § 11701(3)(A)
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    (A) acknowledge the distinct land rights of Native Hawaiian people as beneficiaries of the public lands trust; and
  • 42 U.S.C. § 11701(3)(B)
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    (B) reaffirm and protect the unique right of the Native Hawaiian people to practice and perpetuate their cultural and religious customs, beliefs, practices, and language.
  • 42 U.S.C. § 11701(4)
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    (4) At the time of the arrival of the first nonindigenous people in Hawaii in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient, subsistence social system based on communal land tenure with a sophisticated language, culture, and religion.
  • 42 U.S.C. § 11701(13)
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    (13) In 1921, Congress enacted the Hawaiian Homes Commission Act, 1920 which designated 200,000 acres of the ceded public lands for exclusive homesteading by Native Hawaiians, thereby affirming the trust relationship between the United States and the Native Hawaiians, as expressed by then Secretary of the Interior Franklin K. Lane who was cited in the Committee Report of the United States House of Representatives Committee on Territories as stating, “One thing that impressed me . . . was the fact that the natives of the islands who are our wards, I should say, and for whom in a sense we are trustees, are falling off rapidly in numbers and many of them are in poverty.”.
  • 42 U.S.C. § 11701(14)
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    (14) In 1938, the United States Congress again acknowledged the unique status of the Hawaiian people by including in the Act of June 20, 1938 (52 Stat. 781 et seq.), a provision to lease lands within the extension to Native Hawaiians and to permit fishing in the area “only by native Hawaiian residents of said area or of adjacent villages and by visitors under their guidance”.
  • 42 U.S.C. § 11701(16)
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    (16) Under the Act entitled “An Act to provide for the admission of the State of Hawaii into the Union”, approved March 18, 1959 (73 Stat. 4), the United States transferred responsibility for administration over portions of the ceded public lands trust not retained by the United States to the State of Hawaii but reaffirmed the trust relationship which existed between the United States and the Hawaiian people by retaining the legal responsibility of the State for the betterment of the conditions of Native Hawaiians under section 5(f) of the Act entitled “An Act to provide for the admission of the State of Hawaii into the Union”, approved March 18, 1959 (73 Stat. 4, 6).
  • 42 U.S.C. § 11701(18)
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    (18) In furtherance of the trust responsibility for the betterment of the conditions of Native Hawaiians, the United States has established a program for the provision of comprehensive health promotion and disease prevention services to maintain and improve the health status of the Hawaiian people.
  • 42 U.S.C. § 11701(20)
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    (20) The United States has also recognized and reaffirmed the trust relationship to the Hawaiian people through legislation which authorizes the provision of services to Native Hawaiians, specifically, the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.], the Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987, the Veterans’ Benefits and Services Act of 1988, the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], the Native Hawaiian Health Care Act of 1988, the Health Professions Reauthorization Act of 1988, the Nursing Shortage Reduction and Education Extension Act of 1988, the Handicapped Programs Technical Amendments Act of 1988, the Indian Health Care Amendments of 1988, and the Disadvantaged Minority Health Improvement Act of 1990.
  • 42 U.S.C. § 11701(21)
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    (21) The United States has also affirmed the historical and unique legal relationship to the Hawaiian people by authorizing the provision of services to Native Hawaiians to address problems of alcohol and drug abuse under the Anti-Drug Abuse Act of 1986.
  • 42 U.S.C. § 11701(22)
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    (22) Despite such services, the unmet health needs of the Native Hawaiian people are severe and the health status of Native Hawaiians continues to be far below that of the general population of the United States.
  • 42 U.S.C. § 11702(a)(1)
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    (1) to raise the health status of Native Hawaiians to the highest possible health level; and
  • 42 U.S.C. § 11702(a)(2)
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    (2) to provide existing Native Hawaiian health care programs with all resources necessary to effectuate this policy.
  • 42 U.S.C. § 11702(b)
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    (b) It is the intent of the Congress that the Nation 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.
    (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 proportion of primary care providers who provide age-appropriate preconception care and counseling.
    (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 caries (in permanent or primary teeth) is no more than 20 percent among children age 6 through 8 and no more than 15 percent among adolescents age 15.
    (22) Reduce edentulism to no more than 20 percent in people age 65 and older.
    (23) Increase moderate daily physical activity 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 proportion of primary care providers who provide nutrition assessment and counseling or referral 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 adjusted 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 aged1 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 prevalance2 of no more than 82 per 1,000.
    (38) Reduce acute middle ear infections among children age 4 and younger, as measured by days of restricted activity or school absenteeism, to no more than 105 days per 100 children.
    (39) Reduce indigenous cases of vaccine-preventable 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; and3
    (40) Reduce significant visual impairment to a prevalence of no more than 30 per 1,000.
  • 42 U.S.C. § 11703(a)
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    (a) The Secretary may make a grant to, or enter into a contract with, Papa Ola Lokahi for the purpose of coordinating, implementing and updating a Native Hawaiian comprehensive health care master plan designed to promote comprehensive health promotion and disease prevention services and to maintain and improve the health status of Native Hawaiians. The master plan shall be based upon an assessment of the health care status and health care needs of Native Hawaiians. To the extent practicable, assessments made as of the date of such grant or contract shall be used by Papa Ola Lokahi, except that any such assessment shall be updated as appropriate.
  • 42 U.S.C. § 11704(a)(3)
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    (3) identification of and research into the diseases that are most prevalent among Native Hawaiians, including behavioral, biomedical, epidemiological, and health services; and
  • 42 U.S.C. § 11704(b)
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    (b) Papa Ola Lokahi is authorized to receive special project funds that may be appropriated for the purpose of research on the health status of Native Hawaiians or for the purpose of addressing the health care needs of Native Hawaiians.
  • 42 U.S.C. § 11704(c)(1)
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    (1) the collection and maintenance of data associated with the health status of Native Hawaiians;
  • 42 U.S.C. § 11704(c)(2)
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    (2) the identification and research into diseases affecting Native Hawaiians;
  • 42 U.S.C. § 11704(c)(3)
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    (3) the availability of Native Hawaiian project funds, research projects and publications;
  • 42 U.S.C. § 11704(c)(4)
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    (4) the collaboration of research in the area of Native Hawaiian health; and
  • 42 U.S.C. § 11704(d)
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    (d) Papa Ola Lokahi shall, to the maximum extent possible, coordinate and assist the health care programs and services provided to Native Hawaiians.
  • 42 U.S.C. § 11705(a)(1)(A)
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    (A) The Secretary, in consultation with Papa Ola Lokahi, may make grants to, or enter into contracts with, any qualified entity for the purpose of providing comprehensive health promotion and disease prevention services as well as primary health services to Native Hawaiians.
  • 42 U.S.C. § 11705(a)(2)
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    (2) In addition to paragraph (1), the Secretary may make a grant to, or enter into a contract with, Papa Ola Lokahi for the purpose of planning Native Hawaiian health care systems to serve the health needs of Native Hawaiian communities on each of the islands of O’ahu, Moloka’i, Maui, Hawai’i, Lana’i, Kaua’i, and Ni’ihau in the State of Hawaii.
  • 42 U.S.C. § 11705(c)(1)(A)
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    (A) outreach services to inform Native Hawaiians of the availability of health services;
  • 42 U.S.C. § 11705(c)(1)(B)
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    (B) education in health promotion and disease prevention of the Native Hawaiian population by, wherever possible, Native Hawaiian health care practitioners, community outreach workers, counselors, and cultural educators;
  • 42 U.S.C. § 11705(c)(2)(A)
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    (A) identification, treatment, control, and reduction of the incidence of preventable illnesses and conditions endemic to Native Hawaiians;
  • 42 U.S.C. § 11705(c)(2)(B)
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    (B) collection of data related to the prevention of diseases and illnesses among Native Hawaiians; and
  • 42 U.S.C. § 11705(c)(4)
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    (4) In order to enable privately funded organizations to continue to supplement public efforts to provide educational programs designed to improve the health, capability, and well-being of Native Hawaiians and to continue to provide health services to Native Hawaiians, notwithstanding any other provision of Federal or State law, it shall be lawful for the private educational organization identified in section 7512(16) of title 20 (as such section was in effect on the day before December 10, 2015) to continue to offer its educational programs and services to Native Hawaiians (as defined in section 7517 of title 20) first and to others only after the need for such programs and services by Native Hawaiians has been met.
  • 42 U.S.C. § 11706(a)(3)
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    (3) identification of and research into the diseases that are most prevalent among Native Hawaiians, including behavioral, biomedical, epidemiological, and health services;
  • 42 U.S.C. § 11706(a)(5)(A)
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    (A) the collection and maintenance of data associated with the health status of Native Hawaiians;
  • 42 U.S.C. § 11706(a)(5)(B)
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    (B) the identification and research into diseases affecting Native Hawaiians; and
  • 42 U.S.C. § 11706(a)(5)(C)
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    (C) the availability of Native Hawaiian project funds, research projects and publications;
  • 42 U.S.C. § 11706(a)(6)
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    (6) the coordination of the health care programs and services provided to Native Hawaiians; and
  • 42 U.S.C. § 11707(c)(3)
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    (3) with respect to providing health services to any population of Native Hawaiians, a substantial portion of which has a limited ability to speak the English language—
    (A) has developed and has the ability to carry out a reasonable plan to provide health services under the grant or contract through individuals who are able to communicate with the population involved in the language and cultural context that is most appropriate; and
    (B) has designated at least one individual, fluent in both English and the appropriate language, to assist in carrying out the plan;
  • 42 U.S.C. § 11707(d)(1)
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    (1) If, as a result of evaluations conducted by the Secretary, the Secretary determines that an entity has not complied with or satisfactorily performed a contract entered into under section 11705 of this title, the Secretary shall, prior to renewing such contract, attempt to resolve the areas of noncompliance or unsatisfactory performance and modify such contract to prevent future occurrences of such noncompliance or unsatisfactory performance. If the Secretary determines that such noncompliance or unsatisfactory performance cannot be resolved and prevented in the future, the Secretary shall not renew such contract with such entity and is authorized to enter into a contract under section 11705 of this title with another entity referred to in section 11705(b) of this title that provides services to the same population of Native Hawaiians which is served by the entity whose contract is not renewed by reason of this subsection.
  • 42 U.S.C. § 11708(a)
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    (a) The Secretary is authorized to enter into an agreement with any entity under which the Secretary is authorized to assign personnel of the Department of Health and Human Services with expertise identified by such entity to such entity on detail for the purposes of providing comprehensive health promotion and disease prevention services to Native Hawaiians.
  • 42 U.S.C. § 11709(a)(2)
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    (2) are Native Hawaiians.
  • 42 U.S.C. § 11709(b)(1)(A)
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    (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;
  • 42 U.S.C. § 11709(b)(2)
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    (2) The Native Hawaiian Health Scholarship program shall not be administered by or through the Indian Health Service.
  • 42 U.S.C. § 11710
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    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 established or assisted pursuant to this chapter and an assessment and recommendations of additional programs or additional assistance necessary 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.

Citations to §11711(4)

Citations to §11711(5)

Citations to §11711(6)

Citations to §11711(7)(A)

Citations to §11711(8)

Citations to §11711(9)

Citations to §11711(10)