Section text and notes
In general
There is established an Office of Minority Health. The Office of Minority Health as existing on , shall be transferred to the Office of the Secretary in such manner that there is established in the Office of the Secretary, the Office of Minority Health, which shall be headed by the Deputy Assistant Secretary for Minority Health who shall report directly to the Secretary, and shall retain and strengthen authorities (as in existence on ) for the purpose of improving minority health and the quality of health care minorities receive, and eliminating racial and ethnic disparities. In carrying out this subsection, the Secretary, acting through the Deputy Assistant Secretary, shall award grants, contracts, enter into memoranda of understanding, cooperative, interagency, intra-agency and other agreements with public and nonprofit private entities, agencies, as well as Departmental and Cabinet agencies and organizations, and with organizations that are indigenous human resource providers in communities of color to assure improved health status of racial and ethnic minorities, and shall develop measures to evaluate the effectiveness of activities aimed at reducing health disparities and supporting the local community. Such measures shall evaluate community outreach activities, language services, workforce cultural competence, and other areas as determined by the Secretary.
Duties
Advisory Committee
In general
The Secretary shall establish an advisory committee to be known as the Advisory Committee on Minority Health (in this subsection referred to as the “Committee”).
Duties
The Committee shall provide advice to the Deputy Assistant Secretary carrying out this section, including advice on the development of goals and specific program activities under paragraphs (1) through (10) of subsection (b) for each racial and ethnic minority group.
Chair
The chairperson of the Committee shall be selected by the Secretary from among the members of the voting members of the Committee. The term of office of the chairperson shall be 2 years.
Composition
Terms
Each member of the Committee shall serve for a term of 4 years, except that the Secretary shall initially appoint a portion of the members to terms of 1 year, 2 years, and 3 years.
Vacancies
If a vacancy occurs on the Committee, a new member shall be appointed by the Secretary within 90 days from the date that the vacancy occurs, and serve for the remainder of the term for which the predecessor of such member was appointed. The vacancy shall not affect the power of the remaining members to execute the duties of the Committee.
Compensation
Members of the Committee who are officers or employees of the United States shall serve without compensation. Members of the Committee who are not officers or employees of the United States shall receive compensation, for each day (including travel time) they are engaged in the performance of the functions of the Committee. Such compensation may not be in an amount in excess of the daily equivalent of the annual maximum rate of basic pay payable under the General Schedule (under title 5) for positions above GS–15.
Certain requirements regarding duties
Recommendations regarding language
Proficiency in speaking English
The Deputy Assistant Secretary shall consult with the Director of the Office of International and Refugee Health, the Director of the Office of Civil Rights, and the Directors of other appropriate departmental entities regarding recommendations for carrying out activities under subsection (b)(9).
Health professions education regarding health disparities
The Deputy Assistant Secretary shall carry out the duties under subsection (b)(10) in collaboration with appropriate personnel of the Department of Health and Human Services, other Federal agencies, and other offices, centers, and institutions, as appropriate, that have responsibilities under the Minority Health and Health Disparities Research and Education Act of 2000.
Equitable allocation regarding activities
In carrying out subsection (b), the Secretary shall ensure that services provided under such subsection are equitably allocated among all groups served under this section by the Secretary.
Cultural competency of services
The Secretary shall ensure that information and services provided pursuant to subsection (b) are provided in the language, educational, and cultural context that is most appropriate for the individuals for whom the information and services are intended.
Grants and contracts regarding duties
In general
In carrying out subsection (b), the Secretary acting through the Deputy Assistant Secretary may make awards of grants, cooperative agreements, and contracts to public and nonprofit private entities.
Process for making awards
The Deputy Assistant Secretary shall ensure that awards under paragraph (1) are made, to the extent practical, only on a competitive basis, and that a grant is awarded for a proposal only if the proposal has been recommended for such an award through a process of peer review.
Evaluation and dissemination
The Deputy Assistant Secretary, directly or through contracts with public and private entities, shall provide for evaluations of projects carried out with awards made under paragraph (1) during the preceding 2 fiscal years. The report shall be included in the report required under subsection (f) for the fiscal year involved.
Reports
In general
1
Agency reports
Not later than , and biennially thereafter, the heads of the Public Health Service agencies shall submit to the Deputy Assistant Secretary a report summarizing the minority health activities of each of the respective agencies.
Definitions
Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2011 through 2016.
July 1, 1944, ch. 373 Pub. L. 101–527, § 2104 Stat. 2312 Pub. L. 101–557, title IV, § 401(a)(1)104 Stat. 2770 Pub. L. 105–392, title II, § 201(a)112 Stat. 3582 Pub. L. 106–525, title IV, § 403114 Stat. 2509 Pub. L. 111–148, title X, § 10334(a)(1)124 Stat. 971 (, title XVII, § 1707, as added , , ; amended , , ; , (c), , , 3585; , title VI, § 601, , , 2511; , , .)
Editorial Notes
References in Text
section 5332 of Title 5The General Schedule, referred to in subsec. (c)(7), is set out under , Government Organization and Employees.
Pub. L. 106–525114 Stat. 2495 section 201 of this titleThe Minority Health and Health Disparities Research and Education Act of 2000, referred to in subsec. (d)(1)(B), is , , . For complete classification of this Act to the Code, see Short Title of 2000 Amendments note set out under and Tables.
section 202 of this titleSubsections (e)(3) and (f)(2), referred to in subsec. (f)(1), were in the original “sections 201(e)(3) and 201(f)(2)”, and were translated to reflect the probable intent of Congress, because section 201 of act , which is classified to , does not contain subsections, and subsections (e)(3) and (f)(2) of this section require biennial reporting.
Prior Provisions
act July 1, 1944, ch. 373, title XVII, § 1707 Pub. L. 95–626, title V, § 50292 Stat. 3593 Pub. L. 96–32, § 6(k)93 Stat. 84 Pub. L. 98–551, § 2(c)98 Stat. 2816 A prior section 300u–6, , as added , , ; amended , , , related to project grants to State Councils on Physical Fitness for physical fitness improvement, prior to repeal by , , .
Amendments
Pub. L. 111–148, § 10334(a)(1)(A)2010—Subsec. (a). , amended text of subsec. (a) generally. Prior to amendment, text read as follows: “There is established an Office of Minority Health within the Office of Public Health and Science. There shall be in the Department of Health and Human Services a Deputy Assistant Secretary for Minority Health, who shall be the head of the Office of Minority Health. The Secretary, acting through such Deputy Assistant Secretary, shall carry out this section.”
Pub. L. 111–148, § 10334(a)(1)(B)Subsec. (h). , added subsec. (h) and struck out former subsec. (h). Prior to amendment, text of subsec. (h), which consisted only of a par. (1), read as follows:
Authorization of appropriations“(1) .—For the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 through 2002.”
Pub. L. 106–525, § 403(1)2000—Subsec. (b)(10). , added par. (10).
Pub. L. 106–525, § 403(2)Subsec. (c)(2). , substituted “paragraphs (1) through (10)” for “paragraphs (1) through (9)”.
Pub. L. 106–525, § 403(3)Subsec. (d)(1). , amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “The Deputy Assistant Secretary for Minority Health shall consult with the Director of the Office of International and Refugee Health, the Director of the Office of Civil Rights, and the Directors of other appropriate departmental entities regarding recommendations for carrying out activities under subsection (b)(9) of this section.”
Pub. L. 106–525, § 601Subsec. (g)(1). , substituted “Asian Americans;” for “Asian Americans and” and inserted “Native Hawaiians and other” before “Pacific Islanders;”.
Pub. L. 105–392, § 201(c)(1)1998—, struck out “Establishment of” before “Office” in section catchline.
Pub. L. 105–392, § 201(c)(2)Subsec. (a). , substituted “Public Health and Science” for “the Assistant Secretary for Health”.
Pub. L. 105–392, § 201(a)Subsecs. (b) to (h). , added subsecs. (b) to (h) and struck out former subsecs. (b) to (f), which related, respectively, to duties of Secretary, certain requirements regarding duties, grants and contracts regarding duties, reports, and funding.
Pub. L. 101–5571990—Subsec. (b)(8). added par. (8).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, .
section 1(a) of Pub. L. 104–14section 21 of Title 2Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by , set out as a note preceding , The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, .
Effective Date of 1990 Amendment
Pub. L. 101–557, title IV, § 401(a)(2)104 Stat. 2771
Transfer of Functions
Pub. L. 111–148, title X, § 10334(a)(2)124 Stat. 971
Termination of Advisory Committees
section 1013 of Title 5Advisory committees established after , to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See , Government Organization and Employees.
Pub. L. 93–641, § 688 Stat. 2275 section 217a of this title, , , set out as a note under , provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after .
Reports
Pub. L. 111–148, title X, § 10334(a)(3)124 Stat. 972
Congressional Findings
Pub. L. 101–527, § 1(b)104 Stat. 2311