133 
104(b)(3)) is amended by adding at the end the following 
new subparagraph: 
‘‘(I) REQUIRED INCLUSION OF DRUGS IN-
TENDED TO TREAT COVID–19.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of law, a PDP sponsor 
offering a prescription drug plan shall, 
with respect to a plan year, any portion of 
which occurs during the period described 
in clause (ii), be required to— 
‘‘(I) include in any formulary— 
‘‘(aa) all covered part D 
drugs with a medically accepted 
indication (as defined in section 
1860D–2(e)(4)) to treat COVID– 
19 that are marketed in the 
United States; and 
‘‘(bb) all drugs authorized 
under section 564 or 564A of the 
Federal Food, Drug, and Cos-
metic Act to treat COVID–19; 
and 
‘‘(II) not impose any prior au-
thorization or other utilization man-
agement requirement with respect to 
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such drugs described in item (aa) or 
(bb) of subclause (I) (other than such 
a requirement that limits the quantity 
of drugs due to safety). 
‘‘(ii) PERIOD DESCRIBED.—For pur-
poses of clause (i), the period described in 
this clause is the period during which there 
exists the public health emergency declared 
by the Secretary pursuant to section 319 
of the Public Health Service Act on Janu-
ary 31, 2020, entitled ‘Determination that 
a Public Health Emergency Exists Nation-
wide as the Result of the 2019 Novel 
Coronavirus’ (including any renewal of 
such declaration pursuant to such sec-
tion).’’. 
(b) ELIMINATION OF COST SHARING.— 
(1) ELIMINATION
OF
COST
SHARING
FOR 
DRUGS
INTENDED
TO
TREAT
COVID–19
UNDER 
STANDARD AND ALTERNATIVE PRESCRIPTION DRUG 
COVERAGE.—Section 1860D–2 of the Social Security 
Act (42 U.S.C. 1395w–102) is amended— 
(A) in subsection (b)— 
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(i) in paragraph (1)(A), by striking 
‘‘The coverage’’ and inserting ‘‘Subject to 
paragraph (8), the coverage’’; 
(ii) in paragraph (2)— 
(I) in subparagraph (A), by in-
serting after ‘‘Subject to subpara-
graphs (C) and (D)’’ the following: 
‘‘and paragraph (8)’’; 
(II) in subparagraph (C)(i), by 
striking ‘‘paragraph (4)’’ and insert-
ing ‘‘paragraphs (4) and (8)’’; and 
(III) in subparagraph (D)(i), by 
striking ‘‘paragraph (4)’’ and insert-
ing ‘‘paragraphs (4) and (8)’’; 
(iii) in paragraph (4)(A)(i), by strik-
ing ‘‘The coverage’’ and inserting ‘‘Subject 
to paragraph (8), the coverage’’; and 
(iv) by adding at the end the following 
new paragraph: 
‘‘(8) ELIMINATION
OF
COST
SHARING
FOR 
DRUGS INTENDED TO TREAT COVID–19.—The cov-
erage does not impose any deductible, copayment, 
coinsurance, or other cost-sharing requirement for 
drugs described in section 1860D–4(b)(3)(I)(i)(I) 
with respect to a plan year, any portion of which oc-
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curs during the period during which there exists the 
public health emergency declared by the Secretary 
pursuant to section 319 of the Public Health Service 
Act on January 31, 2020, entitled ‘Determination 
that a Public Health Emergency Exists Nationwide 
as the Result of the 2019 Novel Coronavirus’ (in-
cluding any renewal of such declaration pursuant to 
such section).’’; and 
(B) in subsection (c), by adding at the end 
the following new paragraph: 
‘‘(4) SAME ELIMINATION OF COST SHARING FOR 
DRUGS INTENDED TO TREAT COVID–19.—The cov-
erage is in accordance with subsection (b)(8).’’. 
(2) ELIMINATION
OF
COST
SHARING
FOR 
DRUGS INTENDED TO TREAT COVID–19 DISPENSED 
TO INDIVIDUALS WHO ARE SUBSIDY ELIGIBLE INDI-
VIDUALS.—Section 1860D–14(a) of the Social Secu-
rity Act (42 U.S.C. 1395w–114(a)) is amended— 
(A) in paragraph (1)— 
(i) in subparagraph (D)— 
(I) in clause (ii), by striking ‘‘In 
the case of’’ and inserting ‘‘Subject to 
subparagraph (F), in the case of’’; 
and 
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(II) in clause (iii), by striking 
‘‘In the case of’’ and inserting ‘‘Sub-
ject to subparagraph (F), in the case 
of’’; and 
(ii) by adding at the end the following 
new subparagraph: 
‘‘(F) ELIMINATION OF COST SHARING FOR 
DRUGS INTENDED TO TREAT COVID–19.—Cov-
erage that is in accordance with section 
1860D–2(b)(8).’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (B), by striking 
‘‘A reduction’’ and inserting ‘‘Subject to 
subparagraph (F), a reduction’’; 
(ii) in subparagraph (D), by striking 
‘‘The substitution’’ and inserting ‘‘Subject 
to subparagraph (F), the substitution’’; 
(iii) in subparagraph (E), by inserting 
after ‘‘Subject to’’ the following: ‘‘subpara-
graph (F) and’’; and 
(iv) by adding at the end the following 
new subparagraph: 
‘‘(F) ELIMINATION OF COST SHARING FOR 
DRUGS INTENDED TO TREAT COVID–19.—Cov-
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erage that is in accordance with section 
1860D–2(b)(8).’’. 
(c) IMPLEMENTATION.—Notwithstanding any other 
provision of law, the Secretary of Health and Human 
Services may implement the amendments made by this 
section by program instruction or otherwise. 
SEC. 305. COVERAGE OF COVID–19 RELATED TREATMENT 
AT NO COST SHARING. 
(a) IN GENERAL.—A group health plan and a health 
insurance issuer offering group or individual health insur-
ance coverage (including a grandfathered health plan (as 
defined in section 1251(e) of the Patient Protection and 
Affordable Care Act)) shall provide coverage, and shall not 
impose any cost sharing (including deductibles, copay-
ments, and coinsurance) requirements, for the following 
items and services furnished during any portion of the 
emergency period defined in paragraph (1)(B) of section 
1135(g) of the Social Security Act (42 U.S.C. 1320b– 
5(g)) beginning on or after the date of the enactment of 
this Act: 
(1) Medically necessary items and services (in-
cluding in-person or telehealth visits in which such 
items and services are furnished) that are furnished 
to an individual who has been diagnosed with (or 
after provision of the items and services is diagnosed 
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with) COVID–19 to treat or mitigate the effects of 
COVID–19. 
(2) Medically necessary items and services (in-
cluding in-person or telehealth visits in which such 
items and services are furnished) that are furnished 
to an individual who is presumed to have COVID– 
19 but is never diagnosed as such, if the following 
conditions are met: 
(A) Such items and services are furnished 
to the individual to treat or mitigate the effects 
of COVID–19 or to mitigate the impact of 
COVID–19 on society. 
(B) Health care providers have taken ap-
propriate steps under the circumstances to 
make a diagnosis, or confirm whether a diag-
nosis was made, with respect to such individual, 
for COVID–19, if possible. 
(b) ITEMS
AND SERVICES RELATED
TO COVID– 
19.—For purposes of this section— 
(1) not later than one week after the date of 
the enactment of this section, the Secretary of 
Health and Human Services, Secretary of Labor, 
and Secretary of the Treasury shall jointly issue 
guidance specifying applicable diagnoses and medi-
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cally necessary items and services related to 
COVID–19; and 
(2) such items and services shall include all 
items or services that are relevant to the treatment 
or mitigation of COVID–19, regardless of whether 
such items or services are ordinarily covered under 
the terms of a group health plan or group or indi-
vidual health insurance coverage offered by a health 
insurance issuer. 
(c) ENFORCEMENT.— 
(1) APPLICATION
WITH
RESPECT
TO
PHSA, 
ERISA, AND
IRC.—The provisions of this section 
shall be applied by the Secretary of Health and 
Human Services, Secretary of Labor, and Secretary 
of the Treasury to group health plans and health in-
surance issuers offering group or individual health 
insurance coverage as if included in the provisions of 
part A of title XXVII of the Public Health Service 
Act, part 7 of the Employee Retirement Income Se-
curity Act of 1974, and subchapter B of chapter 100 
of the Internal Revenue Code of 1986, as applicable. 
(2) PRIVATE RIGHT OF ACTION.—An individual 
with respect to whom an action is taken by a group 
health plan or health insurance issuer offering group 
or individual health insurance coverage in violation 
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141 
of subsection (a) may commence a civil action 
against the plan or issuer for appropriate relief. The 
previous sentence shall not be construed as limiting 
any enforcement mechanism otherwise applicable 
pursuant to paragraph (1). 
(d) IMPLEMENTATION.—The Secretary of Health and 
Human Services, Secretary of Labor, and Secretary of the 
Treasury may implement the provisions of this section 
through sub-regulatory guidance, program instruction or 
otherwise. 
(e) TERMS.—The terms ‘‘group health plan’’, ‘‘health 
insurance issuer’’, ‘‘group health insurance coverage’’, and 
‘‘individual health insurance coverage’’ have the meanings 
given such terms in section 2791 of the Public Health 
Service Act (42 U.S.C. 300gg–91), section 733 of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1191b), and section 9832 of the Internal Revenue 
Code of 1986, as applicable. 
SEC. 306. REIMBURSEMENT FOR ADDITIONAL HEALTH 
SERVICES RELATING TO CORONAVIRUS. 
Title V of division A of the Families First 
Coronavirus Response Act (Public Law 116–127) is 
amended under the heading ‘‘Department of Health and 
Human Services—Office of the Secretary—Public Health 
and Social Services Emergency Fund’’ by inserting ‘‘, or 
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treatment related to SARS–CoV–2 or COVID–19 for un-
insured individuals’’ after ‘‘or visits described in para-
graph (2) of such section for uninsured individuals’’. 
TITLE IV—FEDERAL HEALTH 
EQUITY OVERSIGHT 
SEC. 401. COVID-19 RACIAL AND ETHNIC DISPARITIES TASK 
FORCE ACT OF 2020. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services (referred to in this section as the ‘‘Sec-
retary’’) shall establish an interagency task force, to be 
known as the ‘‘COVID–19 Racial and Ethnic Disparities 
Task Force’’ (referred to in this section as the ‘‘task 
force’’), to gather data about disproportionately affected 
communities and provide recommendations to combat the 
racial and ethnic disparities in the COVID–19 response 
throughout the United States and in response to future 
public health crises. 
(b) MEMBERSHIP.—The task force shall be composed 
of the following: 
(1) The Secretary of Health and Human Serv-
ices. 
(2) The Assistant Secretary for Planning and 
Evaluation of the Department of Health and Human 
Services. 
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(3) The Assistant Secretary for Preparedness 
and Response of the Department of Health and 
Human Services. 
(4) The Director of the Centers for Disease 
Control and Prevention. 
(5) The Director of the National Institutes of 
Health. 
(6) The Commissioner of Food and Drugs. 
(7) The Administrator of the Federal Emer-
gency Management Agency. 
(8) The Director of the National Institute on 
Minority Health and Health Disparities. 
(9) The Director of the Indian Health Service. 
(10) The Administrator of the Centers for 
Medicare & Medicaid Services. 
(11) The Director of the Agency for Healthcare 
Research and Quality. 
(12) The Surgeon General. 
(13) The Administrator of the Health Re-
sources and Services Administration. 
(14) The Director of the Office of Minority 
Health. 
(15) The Secretary of Housing and Urban De-
velopment. 
(16) The Secretary of Education. 
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(26) Six State, local, territorial, or Tribal public 
health officials representing departments of public 
health, who shall represent jurisdictions from dif-
ferent regions of the United States with relatively 
high concentrations of historically marginalized pop-
ulations, to be appointed by the Secretary, with at 
least one territorial representative and one rep-
resentative of a Tribal public health department. 
(c) ADMINISTRATIVE PROVISIONS.— 
(1) APPOINTMENT OF NON-GOVERNMENT MEM-
BERS.—Notwithstanding any other provision of law, 
the Secretary shall appoint all non-government mem-
bers of the task force within 30 days of the date en-
actment of this section. 
(2) CHAIRPERSON.—The Secretary shall serve 
as the chairperson of the task force. The Director of 
the Office of Minority Health shall serve as the vice 
chairperson. 
(3) STAFF.—The task force shall have 10 full- 
time staff members. 
(4) MEETINGS.—Not later than 45 days after 
the date of enactment of this section, the full task 
force shall have its first meeting. The task force 
shall convene at least once a month thereafter. 
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(5) SUBCOMMITTEES.—The chairperson and 
vice chairperson of the task force are authorized to 
establish subcommittees to consider specific issues 
related to the broader mission of addressing racial 
and ethnic disparities. 
(d) FEDERAL EMERGENCY MANAGEMENT AGENCY 
RESOURCE ALLOCATION REPORTING AND RECOMMENDA-
TIONS.— 
(1) WEEKLY REPORTS.—Not later than 7 days 
after the task force first meets, and weekly there-
after, the task force shall submit to Congress and 
the Federal Emergency Management Agency a re-
port that includes— 
(A) a description of COVID–19 patient 
outcomes, including cases, hospitalizations, pa-
tients 
on 
ventilation, 
and 
mortality, 
disaggregated by race and ethnicity (where such 
data is missing, the task force shall utilize ap-
propriate authorities to improve data collec-
tion); 
(B) the identification of communities that 
lack resources to combat the COVID–19 pan-
demic, including personal protective equipment, 
ventilators, hospital beds, testing kits, testing 
supplies, vaccinations (when available), re-
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sources to conduct surveillance and contact 
tracing, funding, staffing, and other resources 
the task force deems essential as needs arise; 
(C) the identification of communities where 
racial and ethnic disparities in COVID–19 in-
fection, hospitalization, and death rates are out 
of proportion to the community’s population by 
a certain threshold, to be determined by the 
task force based on available public health data; 
(D) recommendations about how to best al-
locate critical COVID–19 resources to— 
(i) communities with disproportion-
ately high COVID–19 infection, hos-
pitalization, and death rates; and 
(ii) communities identified in subpara-
graph (C); 
(E) with respect to communities that are 
able to reduce racial and ethnic disparities ef-
fectively, a description of best practices in-
volved; and 
(F) an update with respect to the response 
of the Federal Emergency Management Agency 
to the task force’s previous weeks’ recommenda-
tions under this section. 
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(2) GENERAL
CONSULTATION.—In submitting 
weekly reports and recommendations under this sub-
section, the task force shall consult with and notify 
State, local, territorial, and Tribal officials and com-
munity-based organizations from communities iden-
tified as disproportionately impacted by COVID–19. 
(3) CONSULTATION WITH INDIAN TRIBES.—In 
submitting weekly reports and recommendations 
under this subsection, the Director of Indian Health 
Service shall, in coordination with the task force, 
consult with Indian Tribes and Tribal organizations 
that are disproportionately affected by COVID–19 
on a government to government basis to identify 
specific needs and recommendations. 
(4) DISSEMINATION.—Reports under this sub-
section shall be disseminated to all relevant stake-
holders, including State, local, territorial, and Tribal 
officials, and public health departments. 
(5) TRIBAL DATA.—The task force, in consulta-
tion with Indian Tribes and Tribal organizations, 
shall ensure that an Indian Tribe consents to any 
public reporting of health data. 
(e) COVID–19 RELIEF OVERSIGHT AND IMPLEMEN-
TATION REPORTS.—Not later than 14 days after the task 
force first meets, and not later than every 14 days there-
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after, the task force shall submit to Congress and the rel-
evant Federal agencies a report that includes— 
(1) an examination of funds distributed under 
COVID–19-related relief and stimulus laws (enacted 
prior to and after the date of enactment of this Act), 
including the Coronavirus Preparedness and Re-
sponse Emergency Supplemental Appropriations Act, 
2020 (Public Law 116–123), the Families First 
Coronavirus Response Act (Public Law 116–127), 
the Coronavirus Aid, Relief, and Economic Security 
Act (Public Law 116–136), and the Paycheck Pro-
tection Program and Health Care Enhancement Act 
(Public Law 116–139), and how that distribution 
impacted racial and ethnic disparities with respect to 
the COVID–19 pandemic; and 
(2) recommendations to relevant Federal agen-
cies about how to disburse any undisbursed funding 
from COVID–19-related relief and stimulus laws 
(enacted prior to and after the date of enactment of 
this Act), including those laws described in para-
graph (1), to address racial and ethnic disparities 
with respect to the COVID–19 pandemic, including 
recommendations to— 
(A) the Department of Health and Human 
Services about disbursement of funds under the 
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Public Health and Social Service Emergency 
Fund; 
(B) the Small Business Administration 
about disbursement of funds under the Pay-
check Protection Program and the Economic 
Injury Disaster Loan Program; and 
(C) the Department of Education about 
disbursement of funds under the Education 
Stabilization Fund. 
(f) FINAL COVID–19 REPORTS.—Not later than 90 
days after the date on which the President declares the 
end of the COVID–19 public health emergency first de-
clared by the Secretary on January 31, 2020, the task 
force shall submit to Congress a report that— 
(1) describes inequities within the health care 
system, implicit bias, structural racism, and social 
determinants of health (including housing, nutrition, 
education, economic, and environmental factors) that 
contributed to racial and ethnic health disparities 
with respect to the COVID–19 pandemic and how 
these factors contributed to such disparities; 
(2) examines the initial Federal response to the 
COVID–19 pandemic and its impact on the racial 
and ethnic disparities in COVID–19 infection, hos-
pitalization, and death rates; and 
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(3) contains recommendations to combat racial 
and ethnic disparities in future infectious disease re-
sponses, including future COVID–19 outbreaks. 
(g) SUNSET AND SUCCESSOR TASK FORCE.— 
(1) SUNSET.—The task force shall terminate on 
the date that is 90 days after the date on which the 
President declares the end of the COVID–19 public 
health emergency first declared by the Secretary on 
January 31, 2020. 
(2) SUCCESSOR.—Upon the termination of the 
task force under paragraph (1), the Secretary shall 
establish a permanent Infectious Disease Racial and 
Ethnic Disparities Task Force based on the mem-
bership, convening, and reporting requirements rec-
ommended by the task force in reports submitted 
under this section. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated, such sums as may be nec-
essary to carry out this section. 
SEC. 402. PROTECTION OF THE HHS OFFICES OF MINORITY 
HEALTH. 
(a) IN GENERAL.—Pursuant to section 1707A of the 
Public Health Service Act (42 U.S.C. 300u–6a), the Of-
fices of Minority Health established within the Centers for 
Disease Control and Prevention, the Health Resources 
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and Services Administration, the Substance Abuse and 
Mental Health Services Administration, the Agency for 
Healthcare Research and Quality, the Food and Drug Ad-
ministration, and the Centers for Medicare & Medicaid 
Services, are offices that, regardless of change in the 
structure of the Department of Health and Human Serv-
ices, shall report to the Secretary of Health and Human 
Services. 
(b) SENSE OF CONGRESS.—It is the sense of the 
Congress that any effort to eliminate or consolidate such 
Offices of Minority Health undermines the progress 
achieved so far. 
SEC. 403. ESTABLISH AN INTERAGENCY COUNSEL AND 
GRANT 
PROGRAMS 
ON 
SOCIAL 
DETER-
MINANTS OF HEALTH. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Social Determinants Accelerator Act of 2020’’. 
(b) FINDINGS; PURPOSES.— 
(1) FINDINGS.—Congress finds the following: 
(A) There is a significant body of evidence 
showing that economic and social conditions 
have a powerful impact on individual and popu-
lation health outcomes, including health dispari-
ties associated with public health emergencies, 
and well-being, as well as medical costs. 
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(B) State, local, and Tribal governments 
and the service delivery partners of such gov-
ernments face significant challenges in coordi-
nating benefits and services delivered through 
the Medicaid program and other social services 
programs because of the fragmented and com-
plex nature of Federal and State funding and 
administrative requirements. 
(C) 
The 
Federal 
Government 
should 
prioritize and proactively assist State and local 
governments to strengthen the capacity of State 
and local governments to improve health and 
social outcomes for individuals, thereby improv-
ing cost-effectiveness and return on investment. 
(2) PURPOSES.—The purposes of this Act are 
as follows: 
(A) To establish effective, coordinated Fed-
eral technical assistance to help State and local 
governments to improve outcomes and cost-ef-
fectiveness of, and return on investment from, 
health and social services programs. 
(B) To build a pipeline of State and locally 
designed, cross-sector interventions and strate-
gies that generate rigorous evidence about how 
to improve health and social outcomes, and in-
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crease the cost-effectiveness of, and return on 
investment from, Federal, State, local, and 
Tribal health and social services programs. 
(C) To enlist State and local governments 
and the service providers of such governments 
as partners in identifying Federal statutory, 
regulatory, and administrative challenges in im-
proving the health and social outcomes of, cost- 
effectiveness of, and return on investment from, 
Federal spending on individuals enrolled in 
Medicaid. 
(D) To develop strategies to improve 
health and social outcomes without denying 
services to, or restricting the eligibility of, vul-
nerable populations. 
(c) SOCIAL DETERMINANTS ACCELERATOR COUN-
CIL.— 
(1) ESTABLISHMENT.—The Secretary of Health 
and Human Services (referred to in this Act as the 
‘‘Secretary’’), in coordination with the Administrator 
of the Centers for Medicare & Medicaid Services (re-
ferred to in this Act as the ‘‘Administrator’’), shall 
establish an interagency council, to be known as the 
Social Determinants Accelerator Interagency Council 
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(referred to in this Act as the ‘‘Council’’) to achieve 
the purposes listed in subsection (b)(1). 
(2) MEMBERSHIP.— 
(A) FEDERAL COMPOSITION.—The Council 
shall be composed of at least one designee from 
each of the following Federal agencies: 
(i) The Office of Management and 
Budget. 
(ii) The Department of Agriculture. 
(iii) The Department of Education. 
(iv) The Indian Health Service. 
(v) The Department of Housing and 
Urban Development. 
(vi) The Department of Labor. 
(vii) The Department of Transpor-
tation. 
(viii) Any other Federal agency the 
Chair of the Council determines necessary. 
(B) DESIGNATION.— 
(i) IN GENERAL.—The head of each 
agency specified in subparagraph (A) shall 
designate at least one employee to serve as 
a member of the Council. 
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(ii) RESPONSIBILITIES.—An employee 
described in this clause shall be a senior 
employee of the agency— 
(I) whose responsibilities relate 
to authorities, policies, and procedures 
with respect to the health and well- 
being of individuals receiving medical 
assistance under a State plan (or a 
waiver of such plan) under title XIX 
of the Social Security Act (42 U.S.C. 
1396 et seq.); or 
(II) who has authority to imple-
ment and evaluate transformative ini-
tiatives that harness data or conducts 
rigorous evaluation to improve the im-
pact and cost-effectiveness of federally 
funded services and benefits. 
(C) HHS REPRESENTATION.—In addition 
to the designees under subparagraph (A), the 
Council shall include designees from at least 
three agencies within the Department of Health 
and Human Services, including the Centers for 
Medicare & Medicaid Services, at least one of 
whom shall meet the criteria under this section. 
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(D) OMB ROLE.—The Director of the Of-
fice of Management and Budget shall facilitate 
the timely resolution of Governmentwide and 
multiagency issues to help the Council achieve 
consensus recommendations described under 
this section. 
(E) NON-FEDERAL
COMPOSITION.—The 
Comptroller General of the United States may 
designate up to 6 Council designees— 
(i) who have relevant subject matter 
expertise, including expertise implementing 
and evaluating transformative initiatives 
that harness data and conduct evaluations 
to improve the impact and cost-effective-
ness of Federal Government services; and 
(ii) that each represent— 
(I) State, local, and Tribal health 
and human services agencies; 
(II) public housing authorities or 
State housing finance agencies; 
(III) State and local government 
budget offices; 
(IV) State Medicaid agencies; or 
(V) national consumer advocacy 
organizations. 
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(VIII) any other individuals the 
Chair determines to be appropriate. 
(3) DUTIES.—The duties of the Council are— 
(A) to make recommendations to the Sec-
retary and the Administrator regarding the cri-
teria for making awards under this section; 
(B) to identify Federal authorities and op-
portunities for use by States or local govern-
ments to improve coordination of funding and 
administration of Federal programs, the bene-
ficiaries of whom include individuals, and which 
may be unknown or underutilized and to make 
information on such authorities and opportuni-
ties publicly available; 
(C) to provide targeted technical assistance 
to States developing a social determinants ac-
celerator plan under this section, including 
identifying potential statutory or regulatory 
pathways for implementation of the plan and 
assisting in identifying potential sources of 
funding to implement the plan; 
(D) to report to Congress annually on the 
subjects set forth in this section; 
(E) to develop and disseminate evaluation 
guidelines and standards that can be used to 
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reliably assess the impact of an intervention or 
approach that may be implemented pursuant to 
this Act on outcomes, cost-effectiveness of, and 
return on investment from Federal, State, local, 
and Tribal governments, and to facilitate tech-
nical assistance, where needed, to help to im-
prove State and local evaluation designs and 
implementation; 
(F) to seek feedback from State, local, and 
Tribal governments, including through an an-
nual survey by an independent third party, on 
how to improve the technical assistance the 
Council provides to better equip State, local, 
and Tribal governments to coordinate health 
and social service programs; 
(G) to solicit applications for grants under 
this section; and 
(H) to coordinate with other cross-agency 
initiatives focused on improving the health and 
well-being of low-income and at-risk populations 
in order to prevent unnecessary duplication be-
tween agency initiatives. 
(4) SCHEDULE.—Not later than 60 days after 
the date of the enactment of this Act, the Council 
shall convene to develop a schedule and plan for car-
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rying out the duties described in this section, includ-
ing solicitation of applications for the grants under 
this section. 
(5) REPORT TO CONGRESS.—The Council shall 
submit an annual report to Congress, which shall in-
clude— 
(A) a list of the Council members; 
(B) activities and expenditures of the 
Council; 
(C) summaries of the interventions and ap-
proaches that will be supported by State, local, 
and Tribal governments that received a grant 
under this section, including— 
(i) the best practices and evidence- 
based approaches such governments plan 
to employ to achieve the purposes listed in 
this section; and 
(ii) a description of how the practices 
and approaches will impact the outcomes, 
cost-effectiveness of, and return on invest-
ment from, Federal, State, local, and Trib-
al governments with respect to such pur-
poses; 
(D) the feedback received from State and 
local governments on ways to improve the tech-
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nical assistance of the Council, including find-
ings from a third-party survey and actions the 
Council plans to take in response to such feed-
back; and 
(E) the major statutory, regulatory, and 
administrative challenges identified by State, 
local, and Tribal governments that received a 
grant under subsection (d), and the actions that 
Federal agencies are taking to address such 
challenges. 
(6) FACA APPLICABILITY.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply 
to the Council. 
(7) COUNCIL PROCEDURES.—The Secretary, in 
consultation with the Comptroller General of the 
United States and the Director of the Office of Man-
agement and Budget, shall establish procedures for 
the Council to— 
(A) ensure that adequate resources are 
available to effectively execute the responsibil-
ities of the Council; 
(B) effectively coordinate with other rel-
evant advisory bodies and working groups to 
avoid unnecessary duplication; 
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(C) create transparency to the public and 
Congress with regard to Council membership, 
costs, and activities, including through use of 
modern technology and social media to dissemi-
nate information; and 
(D) avoid conflicts of interest that would 
jeopardize the ability of the Council to make de-
cisions and provide recommendations. 
(d) SOCIAL DETERMINANTS ACCELERATOR GRANTS 
TO STATES OR LOCAL GOVERNMENTS.— 
(1) GRANTS TO STATES, LOCAL GOVERNMENTS, 
AND TRIBES.—Not later than 180 days after the 
date of the enactment of this Act, the Administrator, 
in consultation with the Secretary and the Council, 
shall award on a competitive basis not more than 25 
grants to eligible applicants described in this section, 
for the development of social determinants accel-
erator plans, as described in this section. 
(2) ELIGIBLE
APPLICANT.—An eligible appli-
cant described in this section is a State, local, or 
Tribal health or human services agency that— 
(A) demonstrates the support of relevant 
parties across relevant State, local, or Tribal ju-
risdictions; and 
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(B) in the case of an applicant that is a 
local government agency, provides to the Sec-
retary a letter of support from the lead State 
health or human services agency for the State 
in which the local government is located. 
(3) AMOUNT OF GRANT.—The Administrator, 
in coordination with the Council, shall determine the 
total amount that the Administrator will make avail-
able to each grantee under this section. 
(4) APPLICATION.—An eligible applicant seek-
ing a grant under this section shall include in the 
application the following information: 
(A) The target population (or populations) 
that would benefit from implementation of the 
social determinants accelerator plan proposed to 
be developed by the applicant. 
(B) A description of the objective or objec-
tives and outcome goals of such proposed plan, 
which shall include at least one health outcome 
and at least one other important social out-
come. 
(C) The sources and scope of inefficiencies 
that, if addressed by the plan, could result in 
improved cost-effectiveness of or return on in-
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vestment from Federal, State, local, and Tribal 
governments. 
(D) A description of potential interventions 
that could be designed or enabled using such 
proposed plan. 
(E) The State, local, Tribal, academic, 
nonprofit, community-based organizations, and 
other private sector partners that would partici-
pate in the development of the proposed plan 
and subsequent implementation of programs or 
initiatives included in such proposed plan. 
(F) Such other information as the Admin-
istrator, in consultation with the Secretary and 
the Council, determines necessary to achieve the 
purposes of this Act. 
(5) USE OF FUNDS.—A recipient of a grant 
under this section may use funds received through 
the grant for the following purposes: 
(A) To convene and coordinate with rel-
evant government entities and other stake-
holders across sectors to assist in the develop-
ment of a social determinant accelerator plan. 
(B) To identify populations of individuals 
receiving medical assistance under a State plan 
(or a waiver of such plan) under title XIX of 
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the Social Security Act (42 U.S.C. 1396 et 
seq.) who may benefit from the proposed ap-
proaches to improving the health and well-being 
of such individuals through the implementation 
of the proposed social determinants accelerator 
plan. 
(C) To engage qualified research experts to 
advise on relevant research and to design a pro-
posed evaluation plan, in accordance with the 
standards and guidelines issued by the Admin-
istrator. 
(D) To collaborate with the Council to sup-
port the development of social determinants ac-
celerator plans. 
(E) To prepare and submit a final social 
determinants accelerator plan to the Council. 
(6) CONTENTS
OF
PLANS.—A social deter-
minant accelerator plan developed under this section 
shall include the following: 
(A) A description of the target population 
(or populations) that would benefit from imple-
mentation of the social determinants accelerator 
plan, including an analysis describing the pro-
jected impact on the well-being of individuals 
described in paragraph (5)(B). 
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(B) A description of the interventions or 
approaches designed under the social deter-
minants accelerator plan and the evidence for 
selecting such interventions or approaches. 
(C) The objectives and outcome goals of 
such interventions or approaches, including at 
least one health outcome and at least one other 
important social outcome. 
(D) A plan for accessing and linking rel-
evant data to enable coordinated benefits and 
services for the jurisdictions described in this 
section and an evaluation of the proposed inter-
ventions and approaches. 
(E) A description of the State, local, Trib-
al, academic, nonprofit, or community-based or-
ganizations, or any other private sector organi-
zations that would participate in implementing 
the proposed interventions or approaches, and 
the role each would play to contribute to the 
success of the proposed interventions or ap-
proaches. 
(F) The identification of the funding 
sources that would be used to finance the pro-
posed interventions or approaches. 
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(G) A description of any financial incen-
tives that may be provided, including outcome- 
focused contracting approaches to encourage 
service providers and other partners to improve 
outcomes of, cost-effectiveness of, and return on 
investment from, Federal, State, local, or Tribal 
government spending. 
(H) The identification of the applicable 
Federal, State, local, or Tribal statutory and 
regulatory authorities, including waiver authori-
ties, to be leveraged to implement the proposed 
interventions or approaches. 
(I) A description of potential consider-
ations 
that 
would 
enhance 
the 
impact, 
scalability, or sustainability of the proposed 
interventions or approaches and the actions the 
grant awardee would take to address such con-
siderations. 
(J) A proposed evaluation plan, to be car-
ried out by an independent evaluator, to meas-
ure the impact of the proposed interventions or 
approaches on the outcomes of, cost-effective-
ness of, and return on investment from, Fed-
eral, State, local, and Tribal governments. 
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(K) Precautions for ensuring that vulner-
able populations will not be denied access to 
Medicaid or other essential services as a result 
of implementing the proposed plan. 
(e) FUNDING.— 
(1) IN GENERAL.—Out of any money in the 
Treasury not otherwise appropriated, there is appro-
priated to carry out this Act $25,000,000, of which 
up to $5,000,000 may be used to carry out this Act, 
to remain available for obligation until the date that 
is 5 years after the date of enactment of this Act. 
(2) RESERVATION OF FUNDS.— 
(A) IN
GENERAL.—Of the funds made 
available under paragraph (1), the Secretary 
shall reserve not less than 20 percent to award 
grants to eligible applicants for the development 
of social determinants accelerator plans under 
this section intended to serve rural populations. 
(B) EXCEPTION.—In the case of a fiscal 
year for which the Secretary determines that 
there are not sufficient eligible applicants to 
award up to 25 grants under section 4 that are 
intended to serve rural populations and the Sec-
retary cannot satisfy the 20-percent require-
ment, the Secretary may reserve an amount 
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that is less than 20 percent of amounts made 
available under paragraph (1) to award grants 
for such purpose. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
Act shall prevent Federal agencies represented on 
the Council from contributing additional funding 
from other sources to support activities to improve 
the effectiveness of the Council. 
SEC. 404. ACCOUNTABILITY AND TRANSPARENCY WITHIN 
THE DEPARTMENT OF HEALTH AND HUMAN 
SERVICES. 
Title XXXIV of the Public Health Service Act is 
amended by inserting after subtitle C the following: 
‘‘Subtitle D—Strengthening 
Accountability 
‘‘SEC. 3441. ELEVATION OF THE OFFICE OF CIVIL RIGHTS. 
‘‘(a) IN GENERAL.—The Secretary shall establish 
within the Office for Civil Rights an Office of Health Dis-
parities, which shall be headed by a director to be ap-
pointed by the Secretary. 
‘‘(b) PURPOSE.—The Office of Health Disparities 
shall ensure that the health programs, activities, and oper-
ations of health entities that receive Federal financial as-
sistance are in compliance with title VI of the Civil Rights 
Act, including through the following activities: 
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‘‘(1) The development and implementation of 
an action plan to address racial and ethnic health 
care disparities, which shall address concerns relat-
ing to the Office for Civil Rights as released by the 
United States Commission on Civil Rights in the re-
port entitled ‘Health Care Challenge: Acknowledging 
Disparity, Confronting Discrimination, and Ensur-
ing Equity’ (September 1999) in conjunction with 
the reports by the National Academy of Sciences 
(formerly known as the Institute of Medicine) enti-
tled ‘Unequal Treatment: Confronting Racial and 
Ethnic Disparities in Health Care’, ‘Crossing the 
Quality Chasm: A New Health System for the 21st 
Century’, ‘In the Nation’s Compelling Interest: En-
suring Diversity in the Health Care Workforce’, 
‘The National Partnership for Action to End Health 
Disparities’, and ‘The Health of Lesbian, Gay, Bi-
sexual, and Transgender People’, and other related 
reports by the National Academy of Sciences. This 
plan shall be publicly disclosed for review and com-
ment and the final plan shall address any comments 
or concerns that are received by the Office. 
‘‘(2) Investigative and enforcement actions 
against intentional discrimination and policies and 
practices that have a disparate impact on minorities. 
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‘‘(3) The review of racial, ethnic, gender iden-
tity, sexual orientation, sex, disability status, socio-
economic status, and primary language health data 
collected by Federal health agencies to assess health 
care disparities related to intentional discrimination 
and policies and practices that have a disparate im-
pact on minorities. Such review shall include an as-
sessment of health disparities in communities with a 
combination of these classes. 
‘‘(4) Outreach and education activities relating 
to compliance with title VI of the Civil Rights Act. 
‘‘(5) The provision of technical assistance for 
health entities to facilitate compliance with title VI 
of the Civil Rights Act. 
‘‘(6) Coordination and oversight of activities of 
the civil rights compliance offices established under 
section 3442. 
‘‘(7) Ensuring— 
‘‘(A) at a minimum, compliance with the 
most recent version of the Office of Manage-
ment and Budget statistical policy directive en-
titled ‘Standards for Maintaining, Collecting, 
and Presenting Federal Data on Race and Eth-
nicity’; and 
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‘‘(B) consideration of available data and 
language standards such as— 
‘‘(i) the standards for collecting and 
reporting data under section 3101; and 
‘‘(ii) the National Standards on Cul-
turally 
and 
Linguistically 
Appropriate 
Services of the Office of Minority Health. 
‘‘(c) FUNDING AND STAFF.—The Secretary shall en-
sure the effectiveness of the Office of Health Disparities 
by ensuring that the Office is provided with— 
‘‘(1) adequate funding to enable the Office to 
carry out its duties under this section; and 
‘‘(2) staff with expertise in— 
‘‘(A) epidemiology; 
‘‘(B) statistics; 
‘‘(C) health quality assurance; 
‘‘(D) minority health and health dispari-
ties; 
‘‘(E) cultural and linguistic competency; 
‘‘(F) civil rights; and 
‘‘(G) social, behavioral, and economic de-
terminants of health. 
‘‘(d) REPORT.—Not later than December 31, 2021, 
and annually thereafter, the Secretary, in collaboration 
with the Director of the Office for Civil Rights and the 
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Deputy Assistant Secretary for Minority Health, shall 
submit a report to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Committee on 
Energy and Commerce of the House of Representatives 
that includes— 
‘‘(1) the number of cases filed, broken down by 
category; 
‘‘(2) the number of cases investigated and 
closed by the office; 
‘‘(3) the outcomes of cases investigated; 
‘‘(4) the staffing levels of the office including 
staff credentials; 
‘‘(5) the number of other lingering and emerg-
ing cases in which civil rights inequities can be dem-
onstrated; and 
‘‘(6) the number of cases remaining open and 
an explanation for their open status. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for each of fiscal years 
2021 through 2026. 
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‘‘SEC. 3442. ESTABLISHMENT OF HEALTH PROGRAM OF-
FICES FOR CIVIL RIGHTS WITHIN FEDERAL 
HEALTH AND HUMAN SERVICES AGENCIES. 
‘‘(a) IN GENERAL.—The Secretary shall establish 
civil rights compliance offices in each agency within the 
Department of Health and Human Services that admin-
isters health programs. 
‘‘(b) PURPOSE OF OFFICES.—Each office established 
under subsection (a) shall ensure that recipients of Fed-
eral financial assistance under Federal health programs 
administer programs, services, and activities in a manner 
that— 
‘‘(1) does not discriminate, either intentionally 
or in effect, on the basis of race, national origin, lan-
guage, ethnicity, sex, age, disability, sexual orienta-
tion, and gender identity; and 
‘‘(2) promotes the reduction and elimination of 
disparities in health and health care based on race, 
national origin, language, ethnicity, sex, age, dis-
ability, sexual orientation, and gender identity. 
‘‘(c) POWERS AND DUTIES.—The offices established 
in subsection (a) shall have the following powers and du-
ties: 
‘‘(1) The establishment of compliance and pro-
gram participation standards for recipients of Fed-
eral financial assistance under each program admin-
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