
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-116 Section 514(a)]
[CITE: 42USC11709]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 122--NATIVE HAWAIIAN HEALTH CARE
 
Sec. 11709. Native Hawaiian health scholarships


(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 Kamehameha 
School/Bishop Estate 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 Kamehameha Schools/Bishop Estate;
        (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\
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    \1\ So in original. The comma probably should be a semicolon.
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        (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 2001 for the purpose of funding 
the scholarship assistance provided under subsection (a) of this 
section.

(Pub. L. 100-579, Sec. 10, as added Pub. L. 102-396, title IX, 
Sec. 9168, Oct. 6, 1992, 106 Stat. 1948; amended Pub. L. 105-256, 
Sec. 12, Oct. 14, 1998, 112 Stat. 1899.)

                          Codification

    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 Congress.


                            Prior Provisions

    A prior section 11709, Pub. L. 100-579, Sec. 11, Oct. 31, 1988, 102 
Stat. 2923; Pub. L. 100-690, title II, Sec. 2311, Nov. 18, 1988, 102 
Stat. 4229, which related to compliance with Budget Act, was amended 
generally by Pub. L. 102-396, title IX, Sec. 9168, Oct. 6, 1992, 106 
Stat. 1948, and transferred to section 11710 of this title.
    A prior section 10 of Pub. L. 100-579 repealed section 1621d of 
Title 25, Indians.


                               Amendments

    1998--Subsec. (a)(1). Pub. L. 105-256, Sec. 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, Sec. 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, Sec. 12(b)(2), (3), added 
subpar. (B) and redesignated former subpar. (B) as (C).
    Subsec. (b)(1)(C). Pub. L. 105-256, Sec. 12(b)(2), redesignated 
subpar. (B) as (C). Former subpar. (C) redesignated (D).
    Subsec. (b)(1)(D). Pub. L. 105-256, Sec. 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, Sec. 12(b)(2), redesignated subpar. (C) as (D). 
Former subpar. (D) redesignated (E).
    Subsec. (b)(1)(E). Pub. L. 105-256, Sec. 12(b)(2), redesignated 
subpar. (D) as (E).
    Subsec. (b)(1)(F), (G). Pub. L. 105-256, Sec. 12(b)(5), (6), added 
subpars. (F) and (G).
