Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "42 U.S.C. § 11702"
description: "Declaration of policy"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "122"
chapter_name: "NATIVE HAWAIIAN HEALTH CARE"
section: "11702"
citation: "42 U.S.C. § 11702"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
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---
# 42 U.S.C. § 11702 - Declaration of policy
## Text
(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 indigenous people of Hawaii—
(1) to raise the health status of Native Hawaiians to the highest possible health level; and
(2) to provide existing Native Hawaiian health care programs with all resources necessary to effectuate this policy.
(b) Intent of Congress 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 aged 11 So in original. Probably should be “age”. 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 22 So in original. Probably should be “prevalence”. 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; and 33 So in original. The “; and” probably should be a period.
(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 transmitted to the Congress under section 11710 of this title, a report on the progress made in each area toward meeting each of the objectives described in subsection (b).
(Pub. L. 100579, § 3, Oct. 31, 1988, 102 Stat. 2916; Pub. L. 100690, title II, § 2303, Nov. 18, 1988, 102 Stat. 4223; Pub. L. 102396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)
## Notes
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. 102396. 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. 100579 and Pub. L. 100690 enacted identical sections. The text of this section is based on section 3 of Pub. L. 100579, as subsequently amended.
Amendments1992—Pub. L. 102396 amended section generally. Prior to amendment, section related to comprehensive health care master plan for Native Hawaiians.
@@ -0,0 +1,45 @@
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description: "Comprehensive health care master plan for Native Hawaiians"
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "122"
chapter_name: "NATIVE HAWAIIAN HEALTH CARE"
section: "11703"
citation: "42 U.S.C. § 11703"
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tags: ["legal", "us-code"]
---
# 42 U.S.C. § 11703 - Comprehensive health care master plan for Native Hawaiians
## Text
(a) Development 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.
(b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out subsection (a).
(Pub. L. 100579, § 4, Oct. 31, 1988, 102 Stat. 2916; Pub. L. 100690, title II, § 2304, Nov. 18, 1988, 102 Stat. 4223; Pub. L. 102396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)
## Notes
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. 102396. 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. 100579 and Pub. L. 100690 enacted substantially identical sections. The text of this section is based on section 4 of Pub. L. 100579, as subsequently amended.
Amendments1992—Pub. L. 102396 amended section generally. Prior to amendment, section related to Native Hawaiian health centers.
@@ -0,0 +1,71 @@
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
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---
# 42 U.S.C. § 11704 - Functions of Papa Ola Lokahi
## Text
(a) Responsibility Papa Ola Lokahi shall be responsible for the—
(1) coordination, implementation, and updating, as appropriate, of the comprehensive health care master plan developed pursuant to section 11703 of this title;
(2) training for the persons described in section 11705(c)(1)(B) of this title;
(3) identification of and research into the diseases that are most prevalent among Native Hawaiians, including behavioral, biomedical, epidemiological, and health services; and
(4) the development of an action plan outlining the contributions that each member organization of Papa Ola Lokahi will make in carrying out the policy of this chapter.
(b) Special project funds 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.
(c) Clearinghouse Papa Ola Lokahi shall serve as a clearinghouse for:
(1) the collection and maintenance of data associated with the health status of Native Hawaiians;
(2) the identification and research into diseases affecting Native Hawaiians;
(3) the availability of Native Hawaiian project funds, research projects and publications;
(4) the collaboration of research in the area of Native Hawaiian health; and
(5) the timely dissemination of information pertinent to the Native Hawaiian health care systems.
(d) Coordination of programs and services Papa Ola Lokahi shall, to the maximum extent possible, coordinate and assist the health care programs and services provided to Native Hawaiians.
(e) Technical support Papa Ola Lokahi shall act as a statewide infrastructure to provide technical support and coordination of training and technical assistance to the Native Hawaiian health care systems.
(f) Relationships with other agencies Papa Ola Lokahi is authorized to enter into agreements or memoranda of understanding with relevant agencies or organizations that are capable of providing resources or services to the Native Hawaiian health care systems.
(Pub. L. 100579, § 5, Oct. 31, 1988, 102 Stat. 2919; Pub. L. 100690, title II, § 2305, Nov. 18, 1988, 102 Stat. 4225; Pub. L. 102396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)
## Notes
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. 102396. 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. 100579 and Pub. L. 100690 enacted substantially identical sections. The text of this section is based on section 5 of Pub. L. 100579, as subsequently amended.
Amendments1992—Pub. L. 102396 amended section generally. Prior to amendment, section related to administrative grant for Papa Ola Lokahi.
@@ -0,0 +1,125 @@
---
type: "LegalText"
title: "42 U.S.C. § 11705"
description: "Native Hawaiian health care systems"
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kind: "code_section"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "122"
chapter_name: "NATIVE HAWAIIAN HEALTH CARE"
section: "11705"
citation: "42 U.S.C. § 11705"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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tags: ["legal", "us-code"]
---
# 42 U.S.C. § 11705 - Native Hawaiian health care systems
## Text
(a) Comprehensive health promotion, disease prevention, and primary health services (1) (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.
(B) In making grants and entering into contracts under this paragraph, the Secretary shall give preference to Native Hawaiian health care systems and Native Hawaiian organizations and, to the extent feasible, health promotion and disease prevention services shall be performed through Native Hawaiian health care systems.
(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 Oahu, Molokai, Maui, Hawaii, Lanai, Kauai, and Niihau in the State of Hawaii.
(b) Qualified entity An entity is a qualified entity for purposes of subsection (a)(1) if the entity is a Native Hawaiian health care system.
(c) Services to be provided (1) Each recipient of funds under subsection (a)(1) shall provide the following services:
(A) outreach services to inform Native Hawaiians of the availability of health services;
(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;
(C) services of physicians, physicians assistants, nurse practitioners or other health professionals;
(D) immunizations;
(E) prevention and control of diabetes, high blood pressure, and otitis media;
(F) pregnancy and infant care; and
(G) improvement of nutrition.
(2) In addition to the mandatory services under paragraph (1), the following services may be provided pursuant to subsection (a)(1):
(A) identification, treatment, control, and reduction of the incidence of preventable illnesses and conditions endemic to Native Hawaiians;
(B) collection of data related to the prevention of diseases and illnesses among Native Hawaiians; and
(C) services within the meaning of the terms “health promotion”, “disease prevention”, and “primary health services”, as such terms are defined in section 11711 of this title, which are not specifically referred to in paragraph (1) of this subsection.
(3) The health care services referred to in paragraphs (1) and (2) which are provided under grants or contracts under subsection (a)(1) may be provided by traditional Native Hawaiian healers.
(4) Health and education.— 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.
(d) Limitation of number of entities During a fiscal year, the Secretary under this chapter may make a grant to, or hold a contract with, not more than 5 Native Hawaiian health care systems.
(e) Matching funds (1) The Secretary may not make a grant or provide funds pursuant to a contract under subsection (a)(1) to a Native Hawaiian health care system—
(A) in an amount exceeding 83.3 percent of the costs of providing health services under the grant or contract; and
(B) unless the Native Hawaiian health care system agrees that the Native Hawaiian health care system or the State of Hawaii will make available, directly or through donations to the Native Hawaiian health care system, non-Federal contributions toward such costs in an amount equal to not less than $1 (in cash or in kind under paragraph (2)) for each $5 of Federal funds provided in such grant or contract.
(2) Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government or services assisted or subsidized to any significant extent by the Federal Government may not be included in determining the amount of such non-Federal contributions.
(3) The Secretary may waive the requirement established in paragraph (1) if—
(A) the Native Hawaiian health care system involved is a nonprofit private entity described in subsection (b); and
(B) the Secretary, in consultation with Papa Ola Lokahi, determines that it is not feasible for the Native Hawaiian health care system to comply with such requirement.
(f) Restriction on use of grant and contract funds The Secretary may not make a grant to, or enter into a contract with, any entity under subsection (a)(1) unless the entity agrees that, amounts received pursuant to such subsection will not, directly or through contract, be expended—
(1) for any purpose other than the purposes described in subsection (c);
(2) to provide inpatient services;
(3) to make cash payments to intended recipients of health services; or
(4) to purchase or improve real property (other than minor remodeling of existing improvements to real property) or to purchase major medical equipment.
(g) Limitation on charges for services The Secretary may not make a grant, or enter into a contract with, any entity under subsection (a)(1) unless the entity agrees that, whether health services are provided directly or through contract—
(1) health services under the grant or contract will be provided without regard to ability to pay for the health services; and
(2) the entity will impose a charge for the delivery of health services, and such charge—
(A) will be made according to a schedule of charges that is made available to the public, and
(B) will be adjusted to reflect the income of the individual involved.
(h) Authorization of appropriations (1) There are authorized to be appropriated such sums as may be necessary for fiscal years 1993 through 2019 to carry out subsection (a)(1).
(2) There are authorized to be appropriated such sums as may be necessary to carry out subsection (a)(2).
(Pub. L. 100579, § 6, Oct. 31, 1988, 102 Stat. 2919; Pub. L. 100690, title II, § 2306, Nov. 18, 1988, 102 Stat. 4226; Pub. L. 102396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948; Pub. L. 111148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935; Pub. L. 11495, title IX, § 9215(jjj), Dec. 10, 2015, 129 Stat. 2187.)
## Notes
Editorial Notes
References in TextSection 7512(16) of title 20 (as such section was in effect on the day before December 10, 2015), referred to in subsec. (c)(4), means section 7512(16) of title 20 prior to amendment by Pub. L. 11495, title VI, §§ 6001(a), (b)(1), 6003(a), Dec. 10, 2015, 129 Stat. 2046, 2063.
Codification Amendments by Pub. L. 111148 are based on section 202(a), (b)(1), 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. 111148. 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. 102396. 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. 100579 and Pub. L. 100690 enacted identical sections. The text of this section is based on section 6 of Pub. L. 100579, as subsequently amended.
Amendments2015—Subsec. (c)(4). Pub. L. 11495 substituted “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” for “private educational organization identified in section 7512(16) of title 20 to continue to offer its educational programs and services to Native Hawaiians (as defined in section 7517 of title 20) first and to others”. 2010—Subsec. (c)(4). Pub. L. 111148, which directed the amendment of section 6(c) of the Native Hawaiian Health Care Act of 1988 by adding par. (4), was executed by making the amendment to this section, which is section 6 of the Native Hawaiian Health Care Improvement Act, to reflect the probable intent of Congress. Subsec. (h)(1). Pub. L. 111148, which directed the amendment of section 6(h)(1) 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 6 of the Native Hawaiian Health Care Improvement Act, to reflect the probable intent of Congress. 1992—Pub. L. 102396 amended section generally. Prior to amendment, section related to administration of grants and contracts.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of Title 20, Education.
Effective Date of 2010 AmendmentSection 202(b)(2) 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 Pub. L. 111148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935, provided that: “The amendment made by paragraph (1) [amending this section] takes effect on December 5, 2006.”
@@ -0,0 +1,65 @@
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---
# 42 U.S.C. § 11706 - Administrative grant for Papa Ola Lokahi
## Text
(a) In general In addition to any other grant or contract under this chapter, the Secretary may make grants to, or enter into contracts with, Papa Ola Lokahi for—
(1) coordination, implementation, and updating (as appropriate) of the comprehensive health care master plan developed pursuant to section 11703 of this title;
(2) training for the persons described in section 11705(c)(1)(B) of this title;
(3) identification of and research into the diseases that are most prevalent among Native Hawaiians, including behavioral, biomedical, epidemiological, and health services;
(4) the development of an action plan outlining the contributions that each member organization of Papa Ola Lokahi will make in carrying out the policy of this chapter;
(5) a clearinghouse function for—
(A) the collection and maintenance of data associated with the health status of Native Hawaiians;
(B) the identification and research into diseases affecting Native Hawaiians; and
(C) the availability of Native Hawaiian project funds, research projects and publications;
(6) the coordination of the health care programs and services provided to Native Hawaiians; and
(7) the administration of special project funds.
(b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for fiscal years 1993 through 2019 to carry out subsection (a).
(Pub. L. 100579, § 7, Oct. 31, 1988, 102 Stat. 2921; Pub. L. 100690, title II, § 2307, Nov. 18, 1988, 102 Stat. 4227; Pub. L. 102396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948; Pub. L. 111148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
## Notes
Editorial Notes
Codification Amendment by Pub. L. 111148 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. 111148. 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. 102396. 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. 100579 and Pub. L. 100690 enacted substantially identical sections. The text of this section is based on section 7 of Pub. L. 100579, as subsequently amended.
Amendments2010—Subsec. (b). Pub. L. 111148, which directed the amendment of section 7(b) 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 7 of the Native Hawaiian Health Care Improvement Act, to reflect the probable intent of Congress. 1992—Pub. L. 102396 amended section generally. Prior to amendment, section related to assignment of personnel.
@@ -0,0 +1,97 @@
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# 42 U.S.C. § 11707 - Administration of grants and contracts
## Text
(a) Terms and conditions The Secretary shall include in any grant made or contract entered into under this chapter such terms and conditions as the Secretary considers necessary or appropriate to ensure that the objectives of such grant or contract are achieved.
(b) Periodic review The Secretary shall periodically evaluate the performance of, and compliance with, grants and contracts under this chapter.
(c) Administrative requirements The Secretary may not make a grant or enter into a contract under this chapter with an entity unless the entity—
(1) agrees to establish such procedures for fiscal control and fund accounting as may be necessary to ensure proper disbursement and accounting with respect to the grant or contract;
(2) agrees to ensure the confidentiality of records maintained on individuals receiving health services under the grant or contract;
(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;
(4) with respect to health services that are covered in the plan of the State of Hawaii approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]—
(A) if the entity will provide under the grant or contract any such health services directly—
(i) the entity has entered into a participation agreement under such plans; and
(ii) the entity is qualified to receive payments under such plan; and
(B) if the entity will provide under the grant or contract any such health services through a contract with an organization—
(i) the organization has entered into a participation agreement under such plan; and
(ii) the organization is qualified to receive payments under such plan; and
(5) agrees to submit to the Secretary and to Papa Ola Lokahi an annual report that describes the utilization and costs of health services provided under the grant or contract (including the average cost of health services per user) and that provides such other information as the Secretary determines to be appropriate.
(d) Contract evaluation (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.
(2) In determining whether to renew a contract entered into with an entity under this chapter, the Secretary shall consider the results of the evaluation under this section.
(3) All contracts entered into by the Secretary under this chapter shall be in accordance with all Federal contracting laws and regulations except that, in the discretion of the Secretary, such contracts may be negotiated without advertising and may be exempted from the provisions of sections 3131 and 3133 of title 40.
(4) Payments made under any contract entered into under this chapter may be made in advance, by means of reimbursement, or in installments and shall be made on such conditions as the Secretary deems necessary to carry out the purposes of this chapter.
(e) Limitation on use of funds for administrative expenses Except for grants and contracts under section 11706 of this title, the Secretary may not grant to, or enter into a contract with, an entity under this chapter unless the entity agrees that the entity will not expend more than 10 percent of amounts received pursuant to this chapter for the purpose of administering the grant or contract.
(f) Report (1) For each fiscal year during which an entity receives or expends funds pursuant to a grant or contract under this chapter, such entity shall submit to the Secretary and to Papa Ola Lokahi a quarterly report on—
(A) activities conducted by the entity under the grant or contract;
(B) the amounts and purposes for which Federal funds were expended; and
(C) such other information as the Secretary may request.
(2) The reports and records of any entity which concern any grant or contract under this chapter shall be subject to audit by the Secretary, the Inspector General of the Department of Health and Human Services, and the Comptroller General of the United States.
(g) Annual private audit The Secretary shall allow as a cost of any grant made or contract entered into under this chapter the cost of an annual private audit conducted by a certified public accountant.
(Pub. L. 100579, § 8, Oct. 31, 1988, 102 Stat. 2921; Pub. L. 100690, title II, § 2308, Nov. 18, 1988, 102 Stat. 4228; Pub. L. 102396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (c)(4), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
Codification In subsec. (d)(3), “sections 3131 and 3133 of title 40” substituted for “the Act of August 24, 1935 (40 U.S.C. 270a et seq.)” on authority of Pub. L. 107217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. 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. 102396. 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. 100579 and Pub. L. 100690 enacted substantially identical sections. The text of this section is based on section 8 of Pub. L. 100579, as subsequently amended.
Amendments1992—Pub. L. 102396 amended section generally. Prior to amendment, section defined terms for purposes of this chapter.
@@ -0,0 +1,45 @@
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# 42 U.S.C. § 11708 - Assignment of personnel
## Text
(a) In general 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.
(b) Applicable Federal personnel provisions Any assignment of personnel made by the Secretary under any agreement entered into under the authority of subsection (a) shall be treated as an assignment of Federal personnel to a local government that is made in accordance with subchapter VI of chapter 33 of title 5.
(Pub. L. 100579, § 9, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100690, title II, § 2309, Nov. 18, 1988, 102 Stat. 4229; Pub. L. 102396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)
## Notes
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. 102396. 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. 100579 and Pub. L. 100690 enacted substantially identical sections. The text of this section is based on section 9 of Pub. L. 100579, as subsequently amended.
Amendments1992—Pub. L. 102396 amended section generally. Prior to amendment, section related to rule of construction.
@@ -0,0 +1,81 @@
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# 42 U.S.C. § 11709 - Native Hawaiian health scholarships
## 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,11 So in original. The comma probably should be a semicolon.
(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.
(Pub. L. 100579, § 10, as added Pub. L. 102396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948; amended Pub. L. 105256, § 12, Oct. 14, 1998, 112 Stat. 1899; Pub. L. 107116, title V, § 514(a), Jan. 10, 2002, 115 Stat. 2219; Pub. L. 111148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
## Notes
Editorial Notes
Codification Amendment by Pub. L. 111148 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. 111148. 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. 102396. 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 ProvisionsA prior section 11709, Pub. L. 100579, § 11, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100690, title II, § 2311, Nov. 18, 1988, 102 Stat. 4229, which related to compliance with Budget Act, was amended generally by Pub. L. 102396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948, and transferred to section 11710 of this title. A prior section 10 of Pub. L. 100579 repealed former section 1621d of Title 25, Indians.
Amendments2010—Subsec. (c). Pub. L. 111148, 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. 107116, § 514(a)(1), substituted “Papa Ola Lokahi” for “Kamehameha School/Bishop Estate” in introductory provisions. Subsec. (b)(1)(C). Pub. L. 107116, § 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. 105256, § 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. 105256, § 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. 105256, § 12(b)(2), (3), added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (b)(1)(C). Pub. L. 105256, § 12(b)(2), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D). Subsec. (b)(1)(D). Pub. L. 105256, § 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. 105256, § 12(b)(2), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E). Subsec. (b)(1)(E). Pub. L. 105256, § 12(b)(2), redesignated subpar. (D) as (E). Subsec. (b)(1)(F), (G). Pub. L. 105256, § 12(b)(5), (6), added subpars. (F) and (G).
@@ -0,0 +1,45 @@
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# 42 U.S.C. § 11710 - Report
## Text
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.
(Pub. L. 100579, § 11, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100690, title II, § 2311, Nov. 18, 1988, 102 Stat. 4229; Pub. L. 102396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)
## Notes
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. 102396. 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. Section was formerly classified to section 11709 of this title prior to the general amendment of this chapter by Pub. L. 102396. Pub. L. 100579 and Pub. L. 100690 enacted substantially identical sections. The text of this section is based on section 11 of Pub. L. 100579, as subsequently amended.
Prior ProvisionsA prior section 11710, Pub. L. 100579, § 12, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100690, title II, § 2312, Nov. 18, 1988, 102 Stat. 4230, which related to severability, was amended generally by Pub. L. 102396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948, and transferred to section 11711 of this title.
Amendments1992—Pub. L. 102396 amended section generally. Prior to amendment, section related to compliance with Budget Act.
@@ -0,0 +1,195 @@
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# 42 U.S.C. § 11711 - Definitions
## Text
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 diseases,
(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 individual 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 Kamaaina (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 requirements are applicable,
(C) which is a public or nonprofit private entity, and
(D) in which Native Hawaiian health practitioners 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 administering programs (or portions of programs) authorized under this chapter for the benefit of Native Hawaiians, and
(ii) certified by Papa Ola Lokahi as having the qualifications and capacity to provide the services, and meet the requirements, under the contract the organization enters into with, or grant the organization receives from, the Secretary under this chapter,
(C) in which Native Hawaiian health practitioners 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 system” 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 requirements are applicable,
(C) which is a public or nonprofit private entity,
(D) in which Native Hawaiian health practitioners significantly participate in the planning, management, monitoring, and evaluation of health care services,
(E) which may be composed of as many Native Hawaiian health centers as necessary to meet the health care needs of each islands Native Hawaiians, and
(F) which is—
(i) recognized by Papa Ola Lokahi for the purpose of planning, conducting, or administering programs, or portions of programs, authorized by this chapter for the benefit of Native Hawaiians, and
(ii) certified by Papa Ola Lokahi as having the qualifications and the capacity to provide the services and meet the requirements under the contract the Native Hawaiian health care system enters into with the Secretary or the grant the Native Hawaiian 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;
(ii) the Office of Hawaiian Affairs of the State of Hawaii;
(iii) Alu Like Inc.;
(iv) the University of Hawaii;
(v) the Office of Hawaiian Health of the Hawaii State Department of Health;
(vi) Hoola Lahui Hawaii, or a health care system serving the islands of Kauai and Niihau, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native Hawaiians of those islands;
(vii) Ke Ola Mamo, or a health care system serving the island of Oahu, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native Hawaiians of that island;
(viii) Na Puuwai or a health care system serving the islands of Molokai and Lanai, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native Hawaiians of those islands;
(ix) Hui No Ke Ola Pono, or a health care system serving the island of Maui, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native Hawaiians of that island;
(x) Hui Malama Ola HaOiwi or a health care system serving the island of Hawaii, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native Hawaiians of that island; and
(xi) such other member organizations as the Board of Papa Ola Lokahi may admit from time to time, based upon satisfactory demonstration of a record of contribution to the health and well-being of Native Hawaiians, and upon satisfactory development of a mission statement in relation to this chapter, including clearly defined goals and objectives, a 5-year action plan outlining the contributions that each organization will make in carrying out the policy of this chapter, and an estimated budget.
(B) Such term does not include any such organization identified in subparagraph (A) if the Secretary determines that such organization has not developed a mission statement with clearly defined goals and objectives for the contributions the organization will make to the Native Hawaiian health care systems, and an action plan for carrying out those goals and objectives.
(8) Primary health services The term “primary health services” means—
(A) services of physicians, physicians assistants, nurse practitioners, and other health professionals;
(B) diagnostic laboratory and radiologic services;
(C) preventive health services (including childrens eye and ear examinations to determine the need for vision and hearing correction, perinatal services, well child services, and family planning services);
(D) emergency medical services;
(E) transportation services as required for adequate patient care;
(F) preventive dental services; and
(G) pharmaceutical services, as may be appropriate for particular health centers.
(9) Secretary The term “Secretary” means the Secretary of Health and Human Services.
(10) Traditional Native Hawaiian healer The term “traditional Native Hawaiian healer” means a practitioner—
(A) who—
(i) is of Hawaiian ancestry, and
(ii) has the knowledge, skills, and experience in direct personal health care of individuals, and
(B) whose knowledge, skills, and experience are based on demonstrated learning of Native Hawaiian healing practices acquired by—
(i) direct practical association with Native Hawaiian elders, and
(ii) oral traditions transmitted from generation to generation.
(Pub. L. 100579, § 12, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100690, title II, § 2312, Nov. 18, 1988, 102 Stat. 4230; Pub. L. 102396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948; Pub. L. 111148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
## Notes
Editorial Notes
Codification Amendment by Pub. L. 111148 is based on section 202(c) 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. 111148. 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. 102396. 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. Section was formerly classified to section 11710 of this title prior to the general amendment of this chapter by Pub. L. 102396. Pub. L. 100579 and Pub. L. 100690 enacted substantially identical sections. The text of this section is based on section 12 of Pub. L. 100579, as subsequently amended.
Amendments2010—Par. (2)(H). Pub. L. 111148, which directed the amendment of section 12(2) of the Native Hawaiian Health Care Act of 1988 by adding subpar. (H), was executed by making the amendment to this section, which is section 12 of the Native Hawaiian Health Care Improvement Act, to reflect the probable intent of Congress. 1992—Pub. L. 102396 amended section generally. Prior to amendment, section related to severability.
@@ -0,0 +1,41 @@
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# 42 U.S.C. § 11712 - Rule of construction
## Text
Nothing in this chapter shall be construed to restrict the authority of the State of Hawaii to license health practitioners.
(Pub. L. 100579, § 13, as added Pub. L. 102396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)
## Notes
Editorial Notes
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. 102396. 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.
@@ -0,0 +1,43 @@
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# 42 U.S.C. § 11713 - Compliance with Budget Act
## Text
Any new spending authority (described in subsection (c)(2)(A) or (B) of section 651 11 See References in Text note below. of title 2) which is provided under this chapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.
(Pub. L. 100579, § 15, as added Pub. L. 102396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)
## Notes
Editorial Notes
References in TextSection 651 of title 2, referred to in text, was amended by Pub. L. 10533, title X, § 10116(a)(3), Aug. 5, 1997, 111 Stat. 691, by striking out subsec. (c) and redesignating former subsec. (d) as (c).
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. 102396. 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.
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---
# 42 U.S.C. § 11714 - Severability
## Text
If any provision of this chapter, or the application of any such provision to any person or circumstances is held to be invalid, the remainder of this chapter, and the application of such provision or amendment to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.
(Pub. L. 100579, § 16, as added Pub. L. 102396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)
## Notes
Editorial Notes
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. 102396. 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.