Statutes, codes, and regulations
United States Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
Chapter 122 - NATIVE HAWAIIAN HEALTH CARE
Section 11702 - Declaration of policy

42 U.S.C. § 11702

Download
PDF
Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 11702 - Declaration of policy
(a) Congress

The Congress hereby declares that it is the policy of the United States in fulfillment of its special responsibilities and legal obligations to the indigenous people of Hawaii resulting from the unique and historical relationship between the United States and the Government of the 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 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.
(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).

1So in original. Probably should be "age".

2So in original. Probably should be "prevalence".

3So in original. The ";and" probably should be a period.

42 U.S.C. § 11702

Pub. L. 100-579, §3, Oct. 31, 1988, 102 Stat. 2916; Pub. L. 100-690, title II, §2303, Nov. 18, 1988, 102 Stat. 4223; Pub. L. 102-396, title IX, §91689168,, 106 Stat. 1948.

EDITORIAL NOTES

CODIFICATIONThe 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102-396. Section 9168, which referred to S. 2681, as passed by the Senate on "September 12, 1992", has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress. Pub. L. 100-579 and Pub. L. 100-690 enacted identical sections. The text of this section is based on section 3 of Pub. L. 100-579 as subsequently amended.

AMENDMENTS1992- Pub. L. 102-396 amended section generally. Prior to amendment, section related to comprehensive health care master plan for Native Hawaiians.

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 Kama'aina (long-term community residents) verification, or(iii) birth records of the State of Hawaii.
Secretary
The term "Secretary" means the Secretary of Health and Human Services.