559 
istered by an agency within the Department of 
Health and Human Services including the establish-
ment of disparity reduction standards to encompass 
disparities in health and health care related to race, 
national origin, language, ethnicity, sex, age, dis-
ability, sexual orientation, and gender identity. 
‘‘(2) The development and implementation of 
program-specific guidelines that interpret and apply 
Department of Health and Human Services guid-
ance under title VI of the Civil Rights Act of 1964 
and section 1557 of the Patient Protection and Af-
fordable Care Act to each Federal health program 
administered by the agency. 
‘‘(3) The development of a disparity-reduction 
impact analysis methodology that shall be applied to 
every rule issued by the agency and published as 
part of the formal rulemaking process under sections 
555, 556, and 557 of title 5, United States Code. 
‘‘(4) Oversight of data collection, analysis, and 
publication requirements for all recipients of Federal 
financial assistance under each Federal health pro-
gram administered by the agency, and compliance 
with the 1997 Office of Management and Budget 
Standards for Maintaining, Collecting, and Pre-
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560 
senting Federal Data on Race and Ethnicity and the 
available language standards. 
‘‘(5) The conduct of publicly available studies 
regarding discrimination within Federal health pro-
grams administered by the agency as well as dis-
parity reduction initiatives by recipients of Federal 
financial assistance under Federal health programs. 
‘‘(6) Annual reports to the Committee on 
Health, Education, Labor, and Pensions and the 
Committee on Finance of the Senate and the Com-
mittee on Energy and Commerce and the Committee 
on Ways and Means of the House of Representatives 
on the progress in reducing disparities in health and 
health care through the Federal programs adminis-
tered by the agency. 
‘‘(d) RELATIONSHIP TO OFFICE FOR CIVIL RIGHTS 
IN THE DEPARTMENT OF JUSTICE.— 
‘‘(1) DEPARTMENT
OF
HEALTH
AND
HUMAN 
SERVICES.—The Office for Civil Rights in the De-
partment of Health and Human Services shall pro-
vide standard-setting and compliance review inves-
tigation support services to the Civil Rights Compli-
ance Office for each agency. 
‘‘(2) DEPARTMENT
OF
JUSTICE.—The Office 
for Civil Rights in the Department of Justice shall 
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561 
continue to maintain the power to institute formal 
proceedings when an agency Office for Civil Rights 
determines that a recipient of Federal financial as-
sistance is not in compliance with the disparity re-
duction standards of the agency. 
‘‘(e) DEFINITION.—In this section, the term ‘Federal 
health programs’ mean programs— 
‘‘(1) under the Social Security Act (42 U.S.C. 
301 et seq.) that pay for health care and services; 
and 
‘‘(2) under this Act that provide Federal finan-
cial assistance for health care, biomedical research, 
health services research, and programs designed to 
improve the public’s health.’’. 
SEC. 904. UNITED STATES COMMISSION ON CIVIL RIGHTS. 
(a) COORDINATION WITHIN DEPARTMENT OF JUS-
TICE
OF
ACTIVITIES
REGARDING
HEALTH
DISPARI-
TIES.—Section 3 of the Civil Rights Commission Act of 
1983 (42 U.S.C. 1975a) is amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
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562 
‘‘(3) shall, with respect to activities carried out 
in health care and correctional facilities toward the 
goal of eliminating health disparities between the 
general population and members of racial or ethnic 
minority groups, coordinate such activities of— 
‘‘(A) the Office for Civil Rights within the 
Department of Justice; 
‘‘(B) the Office of Justice Programs within 
the Department of Justice; 
‘‘(C) the Office for Civil Rights within the 
Department of Health and Human Services; 
and 
‘‘(D) the Office of Minority Health within 
the Department of Health and Human Services 
(headed by the Deputy Assistant Secretary for 
Minority Health).’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
5 of the Civil Rights Commission Act of 1983 (42 U.S.C. 
1975c) is amended by striking the first sentence and in-
serting the following: ‘‘For the purpose of carrying out 
this Act, there are authorized to be appropriated 
$30,000,000 for fiscal year 2012, and such sums as may 
be necessary for each of the fiscal years 2013 through 
2017.’’. 
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563 
SEC. 905. SENSE OF CONGRESS CONCERNING FULL FUND-
ING OF ACTIVITIES TO ELIMINATE RACIAL 
AND ETHNIC HEALTH DISPARITIES. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The health status of the American populace 
is declining and the United States currently ranks 
below most industrialized nations in health status 
measured by longevity, sickness, and mortality. 
(2) Racial and ethnic minority populations tend 
have the poorest health status and face substantial 
cultural, social, and economic barriers to obtaining 
quality health care. 
(3) Efforts to improve minority health have 
been limited by inadequate resources (funding, staff-
ing, and stewardship) and accountability. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) funding should be doubled by fiscal year 
2013 for the National Institute for Minority Health 
Disparities, the Office of Civil Rights in the Depart-
ment of Health and Human Services, the National 
Institute of Nursing Research, and the Office of Mi-
nority Health; 
(2) adequate funding by fiscal year 2013, and 
subsequent funding increases, should be provided for 
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564 
health professions training programs, the Racial and 
Ethnic Approaches to Community Health (REACH) 
at the Centers for Disease Control and Prevention, 
the Minority HIV/AIDS Initiative, and the Excel-
lence Centers to Eliminate Ethnic/Racial Disparities 
(EXCEED) Program at the Agency for Healthcare 
Research and Quality; 
(3) funding should be restored to the Racial 
and Ethnic Approaches to Community Health 
(REACH) program at the Centers for Disease Con-
trol and Prevention, which has been a successful 
program at the community health level; 
(4) current and newly created health disparity 
elimination incentives, programs, agencies, and de-
partments under this Act (and the amendments 
made by this Act) should receive adequate staffing 
and funding by fiscal year 2013; and 
(5) stewardship and accountability should be 
provided to the Congress and the President for 
measurable and sustainable progress toward health 
disparity elimination. 
SEC. 906. GAO AND NIH REPORTS. 
(a) GAO REPORT ON NIH GRANT RACIAL AND ETH-
NIC DIVERSITY.— 
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(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a study on the racial 
and ethnic diversity among the following groups: 
(A) All applicants for grants, contracts, 
and cooperative agreements awarded by the Na-
tional Institutes of Health during the period be-
ginning January 1, 1990, and ending December 
31, 2011. 
(B) All recipients of such grants, con-
tracts, and cooperative agreements. 
(C) All members of the peer review panels 
of such applicants and recipients, respectively. 
(2) REPORT.—Not later than six months after 
the date of the enactment of this Act, the Comp-
troller General shall complete the study under para-
graph (1) and submit to Congress a report con-
taining the results of such study. 
(b) NIH REPORT ON CERTAIN AUTHORITY OF NA-
TIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH 
DISPARITIES.—Not later than six months after the date 
of the enactment of this Act, and biennially thereafter, the 
Director of the National Institutes of Health, in collabora-
tion with the Director of the National Institute on Minor-
ity Health and Health Disparities, shall submit to Con-
gress a report that details and evaluates— 
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(1) the steps taken during the applicable report 
period by the Director of the National Institutes of 
Health to enforce the expanded planning, coordina-
tion, review, and evaluation authority provided the 
National Institute on Minority Health and Health 
Disparities under section 464z–3(h) of the Public 
Health Service Act (42 U.S.C. 285(h)), as added by 
section 10334(c) of the Patient Protection and Af-
fordable Care Act, over all minority health and 
health disparity research that is conducted or sup-
ported by the Institutes and Centers at the National 
Institutes of Health; and 
(2) the outcomes of such steps. 
(c) GAO REPORT RELATED
TO RECIPIENTS
OF 
PPACA FUNDING.—Not later than one year after the 
date of the enactment of this Act and biennially thereafter 
until 2020, the Comptroller General of the United States 
shall submit to Congress a report that identifies, with re-
spect to minority community-based organizations that ap-
plied during the applicable report period for Federal fund-
ing provided pursuant to the provisions of (and amend-
ments made by) the Patient Protection and Affordable 
Care Act for purposes of achieving health equity and elimi-
nating health disparities, the percentage of such organiza-
tions that were awarded such funding. 
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(d) ANNUAL REPORT ON ACTIVITIES OF NATIONAL 
INSTITUTE ON MINORITY HEALTH AND HEALTH DIS-
PARITIES.—The Director of the National Institute on Mi-
nority Health and Health Disparities shall prepare an an-
nual report on the activities carried out or to be carried 
out by the Institute, and shall submit each such report 
to the Committee on Health, Education, Labor, and Pen-
sions of the Senate, the Committee on Energy and Com-
merce of the House of Representatives, the Secretary of 
Health and Human Services, and the Director of the Na-
tional Institutes of Health. With respect to the fiscal year 
involved, the report shall— 
(1) describe and evaluate the progress made in 
health disparities research conducted or supported 
by institutes and centers of the National Institutes 
of Health; 
(2) summarize and analyze expenditures made 
for activities with respect to health disparities re-
search conducted or supported by the National Insti-
tutes of Health; 
(3) include a separate statement applying the 
requirements of paragraphs (1) and (2) specifically 
to minority health disparities research; and 
(4) contain such recommendations as the Direc-
tor of the Institute considers appropriate. 
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TITLE X—ADDRESSING SOCIAL 
DETERMINANTS 
AND 
IM-
PROVING 
ENVIRONMENTAL 
JUSTICE 
SEC. 1001. CODIFICATION OF EXECUTIVE ORDER 12898. 
(a) IN GENERAL.—The President of the United 
States is authorized and directed to execute, administer, 
and enforce as a matter of Federal law the provisions of 
Executive Order 12898, dated February 11, 1994 (‘‘Fed-
eral Actions To Address Environmental Justice In Minor-
ity Populations and Low-Income Populations’’), with such 
modifications as are provided in this section. 
(b) DEFINITION OF ENVIRONMENTAL JUSTICE.—For 
purposes of carrying out the provisions of Executive Order 
12898, the following definitions shall apply: 
(1) The term ‘‘environmental justice’’ means 
the fair treatment and meaningful involvement of all 
people regardless of race, color, national origin, edu-
cational level, or income with respect to the develop-
ment, implementation, and enforcement of environ-
mental laws and regulations in order to ensure 
that— 
(A) minority and low-income communities 
have access to public information relating to 
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