### §300u–6a. Individual offices of minority health within the Department

#### (a) In general

The head of each agency specified in subsection (b)(1) 1 shall establish within the agency an office to be known as the Office of Minority Health. The head of each such Office shall be appointed by the head of the agency within which the Office is established, and shall report directly to the head of the agency. The head of such agency shall carry out this section (as this section relates to the agency) acting through such Director.

#### (b) Specified agencies

The agencies referred to in subsection (a) are the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Substance Abuse and Mental Health Services Administration, the Agency for Healthcare Research and Quality, the Food and Drug Administration, and the Centers for Medicare & Medicaid Services.

#### (c) Director; appointment

Each Office of Minority Health established in an agency listed in subsection (a) 2 shall be headed by a director, with documented experience and expertise in minority health services research and health disparities elimination.

#### (d) References

Except as otherwise specified, any reference in Federal law to an Office of Minority Health (in the Department of Health and Human Services) is deemed to be a reference to the Office of Minority Health in the Office of the Secretary.

#### (e) Funding

#### (1) Allocations

Of the amounts appropriated for a specified agency for a fiscal year, the Secretary must designate an appropriate amount of funds for the purpose of carrying out activities under this section through the minority health office of the agency. In reserving an amount under the preceding sentence for a minority health office for a fiscal year, the Secretary shall reduce, by substantially the same percentage, the amount that otherwise would be available for each of the programs of the designated agency involved.

#### (2) Availability of funds for staffing

The purposes for which amounts made available under paragraph 3 may be expended by a minority health office include the costs of employing staff for such office.

(July 1, 1944, ch. 373, title XVII, §1707A, as added Pub. L. 111–148, title X, §10334(b)(1), Mar. 23, 2010, 124 Stat. 972.)

#### **Statutory Notes and Related Subsidiaries**

#### Construction

Pub. L. 111–148, title X, §10334(b)(2), Mar. 23, 2010, 124 Stat. 973, provided that: "Nothing in this subsection [enacting this section and provisions set out as a note under this section] and the amendments made by this subsection may be construed as establishing regulatory authority or modifying any existing regulatory authority."

#### Application of Allocation Requirements

Pub. L. 112–10, div. B, title VIII, §1827, Apr. 15, 2011, 125 Stat. 162, provided that: "Hereafter, no funds appropriated by this division or by any previous or subsequent Act shall be subject to the allocation requirements of section 1707A(e) [42 U.S.C. 300u–6a(e)] of the PHS Act [Public Health Service Act]."

#### Limitation on Termination

Pub. L. 111–148, title X, §10334(b)(3), Mar. 23, 2010, 124 Stat. 973, provided that: "Notwithstanding any other provision of law, a Federal office of minority health or Federal appointive position with primary responsibility over minority health issues that is in existence in an office of [or] agency of the Department of Health and Human Services on the date of enactment of this section [Mar. 23, 2010] shall not be terminated, reorganized, or have any of its power or duties transferred unless such termination, reorganization, or transfer is approved by an Act of Congress."

1 So in original. Subsec. (b) does not contain a par. (1).

2 So in original. Probably should be "subsection (b)".

3 So in original. Probably should be "paragraph (1)".