
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 106-525 Section 403]
[Document affected by Public Law 106-525 Section 601]
[CITE: 42USC300u-6]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
         SUBCHAPTER XV--HEALTH INFORMATION AND HEALTH PROMOTION
 
Sec. 300u-6. Office of Minority Health


(a) In general

    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.

(b) Duties

    With respect to improving the health of racial and ethnic minority 
groups, the Secretary, acting through the Deputy Assistant Secretary for 
Minority Health (in this section referred to as the ``Deputy Assistant 
Secretary''), shall carry out the following:
        (1) Establish short-range and long-range goals and objectives 
    and coordinate all other activities within the Public Health Service 
    that relate to disease prevention, health promotion, service 
    delivery, and research concerning such individuals. The heads of 
    each of the agencies of the Service shall consult with the Deputy 
    Assistant Secretary to ensure the coordination of such activities.
        (2) Enter into interagency agreements with other agencies of the 
    Public Health Service.
        (3) Support research, demonstrations and evaluations to test new 
    and innovative models.
        (4) Increase knowledge and understanding of health risk factors.
        (5) Develop mechanisms that support better information 
    dissemination, education, prevention, and service delivery to 
    individuals from disadvantaged backgrounds, including individuals 
    who are members of racial or ethnic minority groups.
        (6) Ensure that the National Center for Health Statistics 
    collects data on the health status of each minority group.
        (7) With respect to individuals who lack proficiency in speaking 
    the English language, enter into contracts with public and nonprofit 
    private providers of primary health services for the purpose of 
    increasing the access of the individuals to such services by 
    developing and carrying out programs to provide bilingual or 
    interpretive services.
        (8) Support a national minority health resource center to carry 
    out the following:
            (A) Facilitate the exchange of information regarding matters 
        relating to health information and health promotion, preventive 
        health services, and education in the appropriate use of health 
        care.
            (B) Facilitate access to such information.
            (C) Assist in the analysis of issues and problems relating 
        to such matters.
            (D) Provide technical assistance with respect to the 
        exchange of such information (including facilitating the 
        development of materials for such technical assistance).

        (9) Carry out programs to improve access to health care services 
    for individuals with limited proficiency in speaking the English 
    language. Activities under the preceding sentence shall include 
    developing and evaluating model projects.

(c) Advisory Committee

                           (1) 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'').

                             (2) 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 (9) of subsection (b) of this section for 
    each racial and ethnic minority group.

                              (3) 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.

                           (4) Composition

        (A) The Committee shall be composed of 12 voting members 
    appointed in accordance with subparagraph (B), and nonvoting, ex 
    officio members designated in subparagraph (C).
        (B) The voting members of the Committee shall be appointed by 
    the Secretary from among individuals who are not officers or 
    employees of the Federal Government and who have expertise regarding 
    issues of minority health. The racial and ethnic minority groups 
    shall be equally represented among such members.
        (C) The nonvoting, ex officio members of the Committee shall be 
    such officials of the Department of Health and Human Services as the 
    Secretary determines to be appropriate.

                              (5) 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.

                            (6) 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.

                          (7) 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.

(d) Certain requirements regarding duties

      (1) Recommendations regarding language as impediment to 
                                 health care

        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.

            (2) Equitable allocation regarding activities

        In carrying out subsection (b) of this section, the Secretary 
    shall ensure that services provided under such subsection are 
    equitably allocated among all groups served under this section by 
    the Secretary.

                 (3) Cultural competency of services

        The Secretary shall ensure that information and services 
    provided pursuant to subsection (b) of this section are provided in 
    the language, educational, and cultural context that is most 
    appropriate for the individuals for whom the information and 
    services are intended.

(e) Grants and contracts regarding duties

                           (1) In general

        In carrying out subsection (b) of this section, the Secretary 
    acting through the Deputy Assistant Secretary may make awards of 
    grants, cooperative agreements, and contracts to public and 
    nonprofit private entities.

                    (2) 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.

                  (3) 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) of this section for the fiscal year 
    involved.

(f) Reports

                           (1) In general

        Not later than February 1 of fiscal year 1999 and of each second 
    year thereafter, the Secretary shall submit to the Committee on 
    Energy and Commerce of the House of Representatives, and to the 
    Committee on Labor and Human Resources of the Senate, a report 
    describing the activities carried out under this section during the 
    preceding 2 fiscal years and evaluating the extent to which such 
    activities have been effective in improving the health of racial and 
    ethnic minority groups. Each such report shall include the biennial 
    reports submitted under subsections (e)(3) and (f)(2) \1\ of this 
    section for such years by the heads of the Public Health Service 
    agencies.
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    \1\ See References in Text note below.
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                         (2) Agency reports

        Not later than February 1, 1999, 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.

(g) Definitions

    For purposes of this section:
        (1) The term ``racial and ethnic minority group'' means American 
    Indians (including Alaska Natives, Eskimos, and Aleuts); Asian 
    Americans and Pacific Islanders; Blacks; and Hispanics.
        (2) The term ``Hispanic'' means individuals whose origin is 
    Mexican, Puerto Rican, Cuban, Central or South American, or any 
    other Spanish-speaking country.

(h) Funding

    (1) \2\ Authorization of appropriations.--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.
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    \2\ So in original. No par. (2) has been enacted.
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(July 1, 1944, ch. 373, title XVII, Sec. 1707, as added Pub. L. 101-527, 
Sec. 2, Nov. 6, 1990, 104 Stat. 2312; amended Pub. L. 101-557, title IV, 
Sec. 401(a)(1), Nov. 15, 1990, 104 Stat. 2770; Pub. L. 105-392, title 
II, Sec. 201(a), (c), Nov. 13, 1998, 112 Stat. 3582, 3585.)

                       References in Text

    The General Schedule, referred to in subsec. (c)(7), is set out 
under section 5332 of Title 5, Government Organization and Employees.
    Subsections (e)(3) and (f)(2) of this section, referred to in 
subsec. (f)(1), was in the original ``sections 201(e)(3) and 
201(f)(2)'', and was translated to reflect the probable intent of 
Congress, because section 201 of act July 1, 1944, which is classified 
to section 202 of this title, does not contain subsections, and 
subsections (e)(3) and (f)(2) of this section require biennial 
reporting.


                            Prior Provisions

    A prior section 300u-6, act July 1, 1944, ch. 373, title XVII, 
Sec. 1707, as added Nov. 10, 1978, Pub. L. 95-626, title V, Sec. 502, 92 
Stat. 3593; amended July 10, 1979, Pub. L. 96-32, Sec. 6(k), 93 Stat. 
84, related to project grants to State Councils on Physical Fitness for 
physical fitness improvement, prior to repeal by Pub. L. 98-551, 
Sec. 2(c), Oct. 30, 1984, 98 Stat. 2816.


                               Amendments

    1998--Pub. L. 105-392, Sec. 201(c)(1), struck out ``Establishment 
of'' before ``Office'' in section catchline.
    Subsec. (a). Pub. L. 105-392, Sec. 201(c)(2), substituted ``Public 
Health and Science'' for ``the Assistant Secretary for Health''.
    Subsecs. (b) to (h). Pub. L. 105-392, Sec. 201(a), 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.
    1990--Subsec. (b)(8). Pub. L. 101-557 added par. (8).

                         Change of Name

    Committee on Energy and Commerce of House of Representatives treated 
as referring to Committee on Commerce of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.


                    Effective Date of 1990 Amendment

    Section 401(a)(2) of Pub. L. 101-557 provided that: ``The amendments 
made by paragraph (1) [amending this section] shall take effect on the 
date of the enactment of the Disadvantaged Minority Health Improvement 
Act of 1990 [Nov. 6, 1990].''


                   Termination of Advisory Committees

    Advisory committees established after Jan. 5, 1973, 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 section 14 of Pub. L. 92-463, 
Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, 
Government Organization and Employees.
    Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a 
note under section 217a of this title, 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 Jan. 4, 1975.


                         Congressional Findings

    Section 1(b) of Pub. L. 101-527 provided that: ``The Congress finds 
that--
        ``(1) racial and ethnic minorities are disproportionately 
    represented among individuals from disadvantaged backgrounds;
        ``(2) the health status of individuals from disadvantaged 
    backgrounds, including racial and ethnic minorities, in the United 
    States is significantly lower than the health status of the general 
    population of the United States;
        ``(3) minorities suffer disproportionately high rates of cancer, 
    stroke, heart diseases, diabetes, substance abuse, acquired immune 
    deficiency syndrome, and other diseases and disorders;
        ``(4) the incidence of infant mortality among minorities is 
    almost double that for the general population;
        ``(5) Blacks, Hispanics, and Native Americans constitute 
    approximately 12 percent, 7.9 percent, and 0.01 percent, 
    respectively, of the population of the United States;
        ``(6) Blacks, Hispanics, and Native Americans in the United 
    States constitute approximately 3 percent, 4 percent, and less than 
    0.01 percent, respectively, of physicians, 2.7 percent, 1.7 percent, 
    and less than 0.01 percent, respectively, of dentists, and 4.5 
    percent, 1.6 percent, and less than 0.01 percent, respectively, of 
    nurses;
        ``(7) the number of individuals who are from disadvantaged 
    backgrounds in health professions should be increased for the 
    purpose of improving the access of other such individuals to health 
    services;
        ``(8) minority health professionals have historically tended to 
    practice in low-income areas and to serve minorities;
        ``(9) minority health professionals have historically tended to 
    engage in the general practice of medicine and specialties providing 
    primary care;
        ``(10) reports published in leading medical journals indicate 
    that access to health care among minorities can be substantially 
    improved by increasing the number of minority health professionals;
        ``(11) increasing the number of minorities serving on the 
    faculties of health professions schools can be an important factor 
    in attracting minorities to pursue a career in the health 
    professions;
        ``(12) diversity in the faculty and student body of health 
    professions schools enhances the quality of education for all 
    students attending the schools;
        ``(13) the Report of the Secretary's Task Force on Black and 
    Minority Health (prepared for the Secretary of Health and Human 
    Services and issued in 1985) described the health status problems of 
    minorities, and made recommendations concerning measures that should 
    be implemented by the Secretary with respect to improving the health 
    status of minorities through programs for providing health 
    information and education; and
        ``(14) the Office of Minority Health, created in 1985 by the 
    Secretary of Health and Human Services, should be authorized 
    pursuant to statute and should receive increased funding to support 
    efforts to improve the health of individuals from disadvantaged 
    backgrounds, including minorities, including the implementation of 
    the recommendations made by the Secretary's Task Force on Black and 
    Minority Health.''
