< Back to H.R. 1895 (105th Congress, 1997–1998)

Text of the Disadvantaged Minority Health Improvement Amendments Act of 1997

This bill was introduced on June 12, 1997, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 12, 1997 (Introduced).

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HR 1895 IH

105th CONGRESS

1st Session

H. R. 1895

To amend the Public Health Service Act to revise and extend programs relating to the health of individuals who are from disadvantaged backgrounds, including individuals who are members of racial or ethnic minority groups.

IN THE HOUSE OF REPRESENTATIVES

June 12, 1997

Mr. STOKES (for himself, Mr. WYNN, Ms. CHRISTIAN-GREEN, Mr. HASTINGS of Florida, Mr. CUMMINGS, Mr. RUSH, Ms. WATERS, Mrs. CLAYTON, Mr. PAYNE, Mr. FLAKE, Ms. KILPATRICK, Mrs. MEEK of Florida, Ms. BROWN of Florida, Mr. JACKSON of Illinois, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. TOWNS, Mr. CONYERS, Mr. DELLUMS, Mr. CLAY, Mr. CLYBURN, Mr. LEWIS of Georgia, Mr. HILLIARD, Mr. SCOTT, Mr. DAVIS of Illinois, Ms. JACKSON-LEE of Texas, Mr. THOMPSON, Mr. DIXON, Mr. FATTAH, Mr. FORD, Ms. NORTON, Ms. MILLENDER-MCDONALD, Ms. MCKINNEY, Mr. OWENS, Mr. BISHOP, Mr. WATT of North Carolina, Mr. JEFFERSON, Mr. RANGEL, and Ms. CARSON) introduced the following bill; which was referred to the Committee on Commerce


A BILL

To amend the Public Health Service Act to revise and extend programs relating to the health of individuals who are from disadvantaged backgrounds, including individuals who are members of racial or ethnic minority groups.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Disadvantaged Minority Health Improvement Amendments Act of 1997’.

SEC. 2. REVISION AND EXTENSION OF PROGRAM FOR OFFICE OF MINORITY HEALTH.

    (a) IN GENERAL- Section 1707 of the Public Health Service Act (42 U.S.C. 300u-6) is amended by striking subsection (c) and all that follows and inserting the following:

    ‘(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’). The Deputy Assistant Secretary shall consult with the Committee in carrying out this section.

      ‘(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) and (2) of subsection (b) for each racial and ethnic minority group.

      ‘(3) CHAIR- The Deputy Assistant Secretary shall serve as the chair of the Committee.

      ‘(4) COMPOSITION-

        ‘(A) The Committee shall be composed of not fewer than 12 voting members appointed in accordance with subparagraph (B), and nonvoting, ex officio members designated in subparagraph (C).

        ‘(B)(i) The voting members of the Committee shall be appointed 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.

        ‘(ii) Except as provided in clause (iii), the voting members of the Committee shall be appointed by the Secretary.

        ‘(iii) One voting member of the Committee shall be appointed from among the voting members of the Advisory Committee on Research on Minority Health established under section 404(e). The appointment under the preceding sentence shall be made by the Chair of the Advisory Committee under such section, in consultation with the other members of such Advisory Committee.

        ‘(C) The nonvoting, ex officio members of the Committee shall be the Deputy Assistant Secretary and the directors of each of the minority health offices, and such additional 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, United States Code) for positions above GS-15.

    ‘(d) CERTAIN REQUIREMENTS REGARDING DUTIES-

      ‘(1) BILINGUAL ASSISTANCE REGARDING HEALTH CARE- In carrying out subsection (b)(7), the Secretary shall give special consideration to the unique linguistic needs of health care providers serving Asians, and American Samoans and other Pacific Islanders, including such needs regarding particular subpopulations of such groups.

      ‘(2) EQUITABLE ALLOCATION REGARDING ACTIVITIES-

        ‘(A) In making awards of grants, cooperative agreements, or contracts under this section or section 330(i), 338A, 338B, 404, or 724, or part B of title VII, the Secretary, acting as appropriate through the Deputy Assistant Secretary or the Administrator of the Health Resources and Services Administration, shall ensure that such awards are equitably allocated with respect to the various racial and minority populations.

        ‘(B) With respect to grants, cooperative agreements, and contracts that are available under the sections specified in subparagraph (A), the Secretary shall--

          ‘(i) carry out activities to inform entities, as appropriate, that the entities may be eligible for awards of such assistance;

          ‘(ii) provide technical assistance to such entities in the process of preparing and submitting applications for the awards in accordance with the policies of the Secretary regarding such application; and

          ‘(iii) inform populations, as appropriate, that members of the populations may be eligible to receive services or otherwise participate in the activities carried out with such awards.

      ‘(3) 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.

    ‘(e) GRANTS AND CONTRACTS REGARDING DUTIES-

      ‘(1) IN GENERAL- In carrying out subsection (b), 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 grant awards under paragraph (1) are made 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) for the fiscal year involved.

    ‘(f) REPORTS-

      ‘(1) BIENNIAL REPORT- Not later than February 1 of fiscal year 1999 and of each second year thereafter, the Deputy Assistant Secretary shall submit to the Committee on 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 reports submitted to the Deputy Assistant Secretary under paragraph (2).

      ‘(2) REPORTS OF CERTAIN AGENCIES- Each fiscal year, the heads of the agencies of the Department of Health and Human Services shall submit to the Deputy Assistant Secretary a report summarizing the minority health activities of each of the respective agencies. The report for a fiscal year shall be submitted not later than the date specified by the Deputy Assistant Secretary.

    ‘(g) DEFINITION- 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- For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1998 through 2002.’.

    (b) MISCELLANEOUS AMENDMENT- Section 1707 of the Public Health Service Act (42 U.S.C. 300u-6) is amended in the heading for the section by striking ‘ESTABLISHMENT OF’.

SEC. 3. REVISION AND EXTENSION OF PROGRAM FOR OFFICE OF RESEARCH ON MINORITY HEALTH.

    Section 404 of the Public Health Service Act (42 U.S.C. 283b) is amended by striking subsection (b) and adding after subsection (a) the following subsections:

    ‘(b) DUTIES-

      ‘(1) INTERAGENCY COORDINATION REGARDING MINORITY HEALTH CONDITIONS- With respect to minority health conditions, the Director of the Office shall plan, coordinate, and evaluate research and other activities conducted or supported by the agencies of the National Institutes of Health, and shall assist in the administration of section 492B with respect to the inclusion of members of minority groups as subjects in clinical research. In carrying out the preceding sentence, the Director of the Office shall evaluate the activities of each of such agencies and shall provide for the periodic reevaluation of such activities.

      ‘(2) CONSULTATIONS- The Director of the Office shall carry out this section (including developing and revising the plan required in subsection (c)) in consultation with the heads of the agencies of the National Institutes of Health, with the advisory councils of the agencies, and with the advisory council established under subsection (e).

      ‘(3) COORDINATION- The Director of the Office shall act as the primary Federal official with responsibility for overseeing all research on minority health conditions that is conducted or supported by the National Institutes of Health, and--

        ‘(A) shall serve to represent minority health programs of the National Institutes of Health at all relevant Executive branch task forces and committees; and

        ‘(B) shall maintain communications with all relevant Public Health Service agencies, and with various other departments of the Federal Government, to ensure the timely transmission between the agencies of information concerning advances in research on minority health conditions and the clinical treatment of such conditions, and to ensure dissemination of such information to affected communities and health care providers.

    ‘(c) COMPREHENSIVE PLAN FOR EXPENDITURE OF APPROPRIATIONS-

      ‘(1) IN GENERAL- Subject to the provisions of this subsection and other applicable law, the Director of the Office, in carrying out subsection (b), shall--

        ‘(A) establish a comprehensive plan for the conduct and support by the National Institutes of Health of activities with respect to minority health conditions, including research on such conditions and the training of individuals to conduct such research (which plan shall be first established under this subparagraph not later than 12 months after the date of the enactment of the Disadvantaged Minority Health Improvement Amendments Act of 1997);

        ‘(B) ensure that the Plan establishes priorities among the activities with respect to minority health that such agencies are authorized to carry out;

        ‘(C) ensure that the Plan establishes objectives regarding such activities, describes the means for achieving the objectives, and designates the date by which the objectives are expected to be achieved;

        ‘(D) ensure that all amounts appropriated for such activities are expended in accordance with the Plan;

        ‘(E) review the Plan not less than annually, and revise the Plan as appropriate; and

        ‘(F) ensure that the Plan serves as a broad, binding statement of policies regarding such activities of the agencies, but does not remove the responsibility of the heads of the agencies for the approval of specific programs or projects, or for other details of the daily administration of such activities, in accordance with the Plan.

      ‘(2) CERTAIN COMPONENTS OF PLAN- With respect to activities of the agencies of the National Institutes of Health that relate to minority health conditions, the Director of the Office shall ensure that the Plan--

        ‘(A) provides for basic research;

        ‘(B) provides for applied research;

        ‘(C) provides for research that is conducted by the agencies;

        ‘(D) provides for research that is supported by the agencies;

        ‘(E) provides for proposals developed pursuant to solicitations by the agencies and for proposals developed independently of such solicitations; and

        ‘(F) provides for behavioral research and social sciences research.

    ‘(d) EQUITY REGARDING VARIOUS GROUPS- The Director of the Office shall ensure that activities under subsection (b) equitably address all racial and ethnic minority groups.

    ‘(e) ADVISORY COMMITTEE-

      ‘(1) ESTABLISHMENT- In carrying out subsection (b), the Secretary shall establish an advisory committee to be known as the Advisory Committee on Research on Minority Health (in this subsection referred to as the ‘Advisory Committee’).

      ‘(2) COMPOSITION-

        ‘(A) VOTING AND NONVOTING MEMBERS- The Advisory Committee shall be composed of voting members appointed in accordance with subparagraph (B) and the ex officio nonvoting members described in subparagraph (C).

        ‘(B) VOTING MEMBERS-

          ‘(i) IN GENERAL- The Advisory Committee shall include not fewer than 12 voting members who are not officers or employees of the Federal Government. Such members shall be appointed from among physicians, practitioners, scientists, consumers and other health professionals, whose clinical practices, research specialization, or professional expertise includes a significant focus on research on minority health or on the barriers that minorities must overcome to participate in clinical trials. The racial and ethnic minority groups shall be equally representative of the minority groups served by the Office.

          ‘(ii) APPOINTING OFFICIAL- Except as provided in clause (iii), the voting members of the Advisory Committee shall be appointed by the Director of the Office.

          ‘(iii) ADDITIONAL APPOINTMENT- One voting member of the Advisory Committee shall be appointed from among the voting members of the Advisory Committee on Minority Health established under section 1707(c). The appointment under the preceding sentence shall be made by the Chair of the Advisory Committee under such section, in consultation with the other members of such Advisory Committee.

        ‘(C) EX OFFICIO NONVOTING MEMBERS- The Deputy Assistant Secretary for Minority Health, the Director of the Office, and the directors of each of the national research institutes shall serve as ex officio nonvoting members of the Advisory Committee (except that any of such directors may designate an official of the institute involved to serve as such member of the Committee in lieu of the director).

      ‘(3) CHAIR- The Director of the Office shall serve as the chair of the Advisory Committee.

      ‘(4) DUTIES- The Advisory Committee shall--

        ‘(A) advise the Director of the Office on appropriate research and training activities to be undertaken by the national research institutes with respect to--

          ‘(i) research and training on minority health;

          ‘(ii) research and training on racial and ethnic differences in clinical drug trials, including responses to pharmacological drugs;

          ‘(iii) research and training on racial and ethnic differences in disease etiology, course, and treatment; and

          ‘(iv) research and training on minority health conditions which require a multidisciplinary approach;

        ‘(B) report to the Director of the Office on such research and training;

        ‘(C) provide recommendations to such Director regarding activities of the Office (including recommendations on priorities in carrying out research described in subparagraph (A)); and

        ‘(D) assist in monitoring compliance with section 492B regarding the inclusion of minorities in clinical research.

      ‘(5) BIENNIAL REPORT-

        ‘(A) PREPARATION- The Advisory Committee shall prepare a biennial report describing

the activities of the Committee, including findings made by the Committee regarding--

          ‘(i) compliance with section 492B;

          ‘(ii) the extent of expenditures made for research and training on minority health by the agencies of the National Institutes of Health; and

          ‘(iii) the level of funding needed for such research and training.

        ‘(B) SUBMISSION- The report required in subparagraph (A) shall be submitted to the Director of NIH for inclusion in the report required in section 403.

    ‘(f) REPRESENTATIVES OF MINORITIES AMONG RESEARCHERS- The Secretary, acting through the Assistant Secretary for Personnel Administration and in collaboration with the Director of the Office, shall determine the extent to which minorities are represented among senior physicians and scientists of the national research institutes and among physicians and scientists conducting research with funds provided by such institutes, and as appropriate, carry out activities to increase the extent of such representation.

    ‘(g) REQUIREMENT REGARDING GRANTS AND CONTRACTS- Any award of a grant, cooperative agreement, or contract that the Director of the Office is authorized to make shall be made only on a competitive basis.

    ‘(h) MINORITY HEALTH INITIATIVE- With respect to the program that was being conducted through the Office as of May 1997 and was known as the Minority Health Initiative, the Director of NIH, in collaboration with the Director of the Office, shall--

      ‘(1) provide for the continuation of the program;

      ‘(2) provide for expanding the scope of the program by establishing timetables with benchmarks pertaining to the dual goals of research and training; and

      ‘(3) prepare biennial reports on the program and submit the reports to the Director of NIH for inclusion in the biennial reports required in section 403.

    ‘(i) DEFINITIONS- For purposes of this part:

      ‘(1) The term ‘minority health conditions’, with respect to individuals who are members of racial and ethnic minority groups, means all diseases, disorders, and conditions (including with respect to mental health)--

        ‘(A) unique to, more serious, or more prevalent in such individuals;

        ‘(B) for which the factors of medical risk or types of medical intervention are different for such individuals, or for which it is unknown whether such factors or types are different for such individuals; or

        ‘(C) with respect to which there has been insufficient research involving such individuals as subjects or insufficient data on such individuals.

      ‘(2) The term ‘research on minority health’ means research on minority health conditions, including research on preventing such conditions.

      ‘(3) The term ‘racial and ethnic minority group’ has the meaning given such term in section 1707(g).

    ‘(j) FUNDING-

      ‘(1) IN GENERAL- For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1998 through 2002.

      ‘(2) MINORITY HEALTH INITIATIVE- For the purpose of carrying out subsection (h), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1998 through 2002. Such authorization is in addition to the authorization of appropriations established in paragraph (1) with respect to such purpose.’.

SEC. 4. OTHER PROGRAMS REGARDING MINORITY HEALTH.

    (a) COLLECTION OF HEALTH DATA- Section 306(n) of the Public Health Service Act (42 U.S.C. 242k(n)) is amended--

      (1) in paragraph (1), by striking ‘1998’ and inserting ‘2002’; and

      (2) in paragraph (2), in the first sentence--

        (A) by striking ‘and’ after ‘1993,’; and

        (B) by striking ‘for each of the fiscal years 1994 through 1998’ and inserting the following: ‘for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 2002’.

    (b) GRANTS TO STATES FOR LOAN REPAYMENT PROGRAMS- Section 338L(l)(1) of the Public Health Service Act (42 U.S.C. 254t(l)(1)) is amended--

      (1) by striking ‘is authorized’ and inserting ‘are authorized’; and

      (2) by inserting before the period the following: ‘, and such sums as may be necessary for each of the fiscal years 1998 through 2002’.

    (c) STUDENT LOAN FUNDS- Section 724(f)(1) of the Public Health Service Act (42 U.S.C. 292t(f)(1)) is amended--

      (1) by striking ‘is authorized’ and inserting ‘are authorized’; and

      (2) by inserting before the period the following: ‘, and such sums as may be necessary for each of the fiscal years 1998 through 2002’.

    (d) STUDENTS OF EXCEPTIONAL FINANCIAL NEED- Section 736(c) of the Public Health Service Act (42 U.S.C. 293(c)) is amended--

      (1) by striking ‘is authorized’ and inserting ‘are authorized’; and

      (2) by inserting before the period the following: ‘, and such sums as may be necessary for each of the fiscal years 1998 through 2002’.

    (e) SCHOLARSHIPS GENERALLY; OTHER PURPOSES- Section 737(h)(1) of the Public Health Service Act (42 U.S.C. 293a(h)(1)) is amended by inserting before the period the following: ‘and for each of the fiscal years 1998 through 2002’.

    (f) LOAN REPAYMENTS AND FELLOWSHIPS REGARDING FACULTY POSITIONS- Section 738(c) of the Public Health Service Act (42 U.S.C. 293b(c)) is amended--

      (1) by striking ‘is authorized’ and inserting ‘are authorized’; and

      (2) by inserting before the period the following: ‘, and such sums as may be necessary for each of the fiscal years 1998 through 2002’.

    (g) CENTERS OF EXCELLENCE- Section 739(i)(1) of the Public Health Service Act (42 U.S.C. 293c(i)(1)) is amended by inserting before the period the following: ‘and for each of the fiscal years 1998 through 2002’.

    (h) EDUCATIONAL ASSISTANCE REGARDING UNDERGRADUATES- Section 740(d)(1) of the Public Health Service Act (42 U.S.C. 293d(d)(1)) is amended--

      (1) by striking ‘is authorized’ and inserting ‘are authorized’; and

      (2) by inserting before the period the following: ‘, and such sums as may be necessary for each of the fiscal years 1998 through 2002’.

    (i) RESEARCH ON CERTAIN HEALTH PROFESSIONS ISSUES- Section 781(e) of the Public Health Service Act (42 U.S.C. 295(e)) is amended--

      (1) by striking ‘is authorized’ and inserting ‘are authorized’; and

      (2) by inserting before the period the following: ‘, and such sums as may be necessary for each of the fiscal years 1998 through 2002’.

    (j) TECHNICAL CORRECTION- Section 487E(a)(3) of the Public Health Service Act (42 U.S.C. 288-5(a)(3)) is amended by striking ‘Except’ and all that follows and inserting the following: ‘With respect to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III, the provisions of such subpart shall, except as inconsistent with this section, apply to the program established in paragraph (1) of this subsection in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program established in such subpart.’.

SEC. 5. NATIONAL CONFERENCE ON DISADVANTAGED AND MINORITY HEALTH.

    The President, in collaboration with the Secretary of Health and Human Services, shall during fiscal year 1998 hold a conference on matters relating to the health of individuals from disadvantaged backgrounds, including racial and ethnic minorities. Of the amounts appropriated under the Public Health Service Act for fiscal year 1998, such Secretary shall, for purposes of holding the conference, make available such sums as may be necessary.