(7) 
PERSONALLY
IDENTIFIABLE
INFORMA-
TION.—The term ‘‘personally identifiable informa-
tion’’ has the meaning given such term under the 
regulations promulgated under section 264(c) of the 
Health Insurance Portability and Accountability Act 
of 1996. 
(8) RESPONDENT.—The term ‘‘respondent’’ 
means the person or other entity accused in a com-
plaint of a violation of section 7. 
SEC. 9. ENFORCEMENT BY PRIVATE PERSONS. 
(a) IN GENERAL.— 
(1) CIVIL ACTION.— 
(A) IN SUIT.—An aggrieved person may 
commence a civil action to obtain appropriate 
relief with respect to an alleged violation of sec-
tion 7 or an enforcement action for breach of 
a conciliation agreement in an appropriate 
United States district court or State court— 
(i) not later than 2 years after the oc-
currence or termination of the alleged vio-
lation; and 
(ii) not sooner than the earlier of the 
conclusion of the administrative process 
and 180 days after the alleged violation. 
VerDate Sep 11 2014 
23:31 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H8436.IH
H8436
SSpencer on DSK126QN23PROD with BILLS
(B) STATUTE OF LIMITATIONS.—The com-
putation of such 2-year period shall not include 
any time during which an administrative pro-
ceeding under section 8 was pending with re-
spect to a complaint under such section. 
(2) BARRING SUIT.—If the Assistant Secretary 
has obtained a conciliation agreement with the con-
sent of an aggrieved person, no action may be filed 
under this subsection by such aggrieved person with 
respect to the alleged violation of section 7 except 
for the purpose of enforcing the terms of such an 
agreement. 
(b) RELIEF WHICH MAY BE GRANTED.— 
(1) IN GENERAL.—In a civil action under sub-
section (a), if the court finds that a violation of sec-
tion 7 or breach of a conciliation agreement has oc-
curred, the court may award to the plaintiff actual 
and punitive damages, and may grant as relief, as 
the court deems appropriate, any permanent or tem-
porary injunction, temporary restraining order, or 
other order (including an order enjoining the defend-
ant from engaging in such practice or ordering such 
affirmative action as may be appropriate). 
(2) FEES AND COSTS.—In a civil action under 
subsection (a), the court, in its discretion, may allow 
VerDate Sep 11 2014 
23:31 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H8436.IH
H8436
SSpencer on DSK126QN23PROD with BILLS
the prevailing party, other than the United States, 
a reasonable attorney’s fee and costs. The United 
States shall be liable for such fees and costs to the 
same extent as a private person. 
(c) INTERVENTION BY ATTORNEY GENERAL.—Upon 
timely application, the Attorney General may intervene in 
such civil action, if the Attorney General certifies that the 
case is of general public importance. 
SEC. 10. ENFORCEMENT BY THE ATTORNEY GENERAL. 
(a) PATTERN OR PRACTICE CASES.—Whenever the 
Attorney General has reasonable cause to believe that any 
person or entity is engaged in a pattern or practice that 
denies the rights specified in section 7 and such denial 
raises an issue of general public importance, the Attorney 
General may commence a civil action in any appropriate 
United States district court. 
(b) CONSULTATION.—The Assistant Secretary may 
determine, based on a pattern of complaints, a pattern of 
violations, a review of data reported by a health care pro-
vider, or any others mean, that there is reasonable cause 
to believe a health care provider is engaged in a pattern 
or practice that denies the rights specified in section 7. 
If the Assistant Secretary makes such a determination, 
they shall refer their findings to the Attorney General. 
VerDate Sep 11 2014 
23:31 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H8436.IH
H8436
SSpencer on DSK126QN23PROD with BILLS
(c) ENFORCEMENT OF SUBPOENAS.—The Attorney 
General, on behalf of the Assistant Secretary, or other 
party at whose request a subpoena is issued, under this 
section, may enforce such subpoena in appropriate pro-
ceedings in the United States district court for the district 
in which the person to whom the subpoena was addressed 
resides, was served, or transacts business. 
(d) RELIEF WHICH MAY BE GRANTED IN CIVIL AC-
TIONS UNDER SUBSECTIONS (a) AND (b).— 
(1) IN GENERAL.—In a civil action under sub-
section (a) or (b), the court— 
(A) may award such preventive relief, in-
cluding a permanent or temporary injunction, 
restraining order, or other order against the 
person responsible for a violation of section 7 as 
is necessary to assure the full enjoyment of the 
rights granted by this section and sections 8 
and 9; 
(B) may award such other relief as the 
court deems appropriate, including monetary 
damages to persons aggrieved; and 
(C) may, to vindicate the public interest, 
assess a civil penalty against the respondent— 
(i) in an amount not exceeding 
$500,000, for a first violation; and 
VerDate Sep 11 2014 
23:31 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H8436.IH
H8436
SSpencer on DSK126QN23PROD with BILLS
(ii) in an amount not exceeding 
$1,000,000, for any subsequent violation. 
(2) FEES AND COSTS.—In a civil action under 
this section, the court, in its discretion, may allow 
the prevailing party, other than the United States, 
a reasonable attorney’s fee and costs. The United 
States shall be liable for such fees and costs to the 
extent provided by section 2412 of title 28, United 
States Code. 
(e) INTERVENTION IN CIVIL ACTIONS.—Upon timely 
application, any person may intervene in a civil action 
commenced by the Attorney General under subsection (a) 
or (b) which involves an alleged violation of section 7 with 
respect to which such person is an aggrieved person or 
a conciliation agreement to which such person is a party. 
SEC. 11. FEDERAL HEALTH EQUITY COMMISSION. 
(a) ESTABLISHMENT OF COMMISSION.— 
(1) IN
GENERAL.—There is established the 
Federal Health Equity Commission (hereinafter in 
this section referred to as the ‘‘Commission’’). 
(2) MEMBERSHIP.—The Commission shall be 
composed of 8 members. Not more than 4 of the 
members shall at any one time be of the same polit-
ical party. Members shall have recognized expertise 
in and personal experience with racial and ethnic 
VerDate Sep 11 2014 
23:31 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H8436.IH
H8436
SSpencer on DSK126QN23PROD with BILLS
health disparities, health care needs of vulnerable 
and marginalized populations, and health equity as 
a vehicle for improving health status and health out-
comes. Members shall be appointed to the commis-
sion as follows: 
(A) Four members of the Commission shall 
be appointed by the President. 
(B) Two members of the Commission shall 
be appointed by the President pro tempore of 
the Senate, upon the recommendations of the 
majority leader and the minority leader of the 
Senate, and of the members appointed pursuant 
to this subparagraph not more than one shall 
be appointed from the same political party. 
(C) Two members of the Commission shall 
be appointed by the Speaker of the House of 
Representatives upon the recommendations of 
the majority leader and the minority leader of 
the House of Representatives, and of the mem-
bers appointed pursuant to this subparagraph 
not more than one shall be appointed from the 
same political party. 
(3) TERMS.—The term of office of each mem-
ber of the Commission shall be 6 years. 
(4) CHAIRPERSON; VICE CHAIRPERSON.— 
VerDate Sep 11 2014 
23:31 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H8436.IH
H8436
SSpencer on DSK126QN23PROD with BILLS
mission shall have the following nonvoting ex officio 
members: 
(A) The Assistant Secretary for Civil 
Rights and Health Equity of the Department of 
Health and Human Services. 
(B) The Deputy Assistant Secretary for 
Minority Health of the Department of Health 
and Human Services. 
(C) The Director of the National Institute 
for Minority Health and Health Disparities. 
(D) The Chairperson of the Advisory Com-
mittee on Minority Health established under 
section 1707 of the Public Health Service Act 
(42 U.S.C. 300u–6). 
(b) DUTIES OF THE COMMISSION.— 
(1) IN GENERAL.—The Commission shall— 
(A) monitor and report on the implementa-
tion of the Equality in Health Care for All Act; 
and 
(B) investigate, monitor, and report on 
progress towards health equity and the elimi-
nation of health disparities. 
(2) 
ANNUAL
REPORT.—The 
Commission 
shall— 
VerDate Sep 11 2014 
23:31 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H8436.IH
H8436
SSpencer on DSK126QN23PROD with BILLS
(A) submit to the President and Congress 
at least one report annually on health equity 
and health disparities; and 
(B) include in such report— 
(i) a description of actions taken by 
the Department of Health and Human 
Services and any other Federal agency re-
lated to health equity or health disparities; 
and 
(ii) recommendations on ensuring 
equal health care and eliminating health 
disparities. 
(3) HEARINGS AND AUTHORITIES.— 
(A) POWER
TO
HOLD
HEARINGS.—The 
Commission may, for the purpose of carrying 
out this section, hold such hearings as the Com-
mission deems advisable. Each member of the 
Commission shall have the power to administer 
oaths and affirmations in connection with the 
proceedings of the Commission. The Commis-
sion may hold a hearing only if the hearing is 
approved by a majority of the Commission, or 
by a majority of the members present at a 
meeting when a quorum is present. 
VerDate Sep 11 2014 
23:31 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H8436.IH
H8436
SSpencer on DSK126QN23PROD with BILLS
(B) POWER TO ISSUE SUBPOENAS.—The 
Commission may issue subpoenas for the at-
tendance of witnesses and the production of 
written or other matter. 
(C) WITNESS FEES.—A witness attending 
any proceeding of the Commission shall be paid 
the same fees and mileage that are paid wit-
nesses in the courts of the United States. 
(D) 
DEPOSITIONS
AND
INTERROG-
ATORIES.—The Commission may use deposi-
tions and written interrogatories to obtain in-
formation and testimony about matters that are 
the subject of a Commission hearing or report. 
(c) ADMINISTRATIVE PROVISIONS.— 
(1) STAFF.— 
(A) DIRECTOR.—There shall be a full-time 
staff director for the Commission who shall— 
(i) serve as the administrative head of 
the Commission; and 
(ii) be appointed by the Chairperson 
with the concurrence of the Vice Chair-
person. 
(B) OTHER
PERSONNEL.—The Commis-
sion may— 
VerDate Sep 11 2014 
23:31 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H8436.IH
H8436
SSpencer on DSK126QN23PROD with BILLS
(i) appoint such other personnel as it 
deems advisable, subject to the provisions 
of title 5, United States Code, governing 
appointments in the competitive service, 
and the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title re-
lating to classification and General Sched-
ule pay rates; and 
(ii) may procure temporary and inter-
mittent services under section 3109(b) of 
title 5, United States Code, at rates for in-
dividuals not in excess of the daily equiva-
lent paid for positions at the maximum 
rate for GS–15 of the General Schedule 
under section 5332 of title 5, United 
States Code. 
(2) COMPENSATION OF MEMBERS.— 
(A) IN GENERAL.—Each member of the 
Commission who is not otherwise in the service 
of the Government of the United States shall 
receive a sum equivalent to the compensation 
paid at level IV of the Executive Schedule 
under section 5315 of title 5, United States 
Code, prorated on a daily basis for time spent 
in the work of the Commission. 
VerDate Sep 11 2014 
23:31 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H8436.IH
H8436
SSpencer on DSK126QN23PROD with BILLS
(B) PERSONS
OTHERWISE
IN
GOVERN-
MENT SERVICE.—Each member of the Commis-
sion who is otherwise in the service of the Gov-
ernment of the United States shall serve with-
out compensation in addition to that received 
for such other service, but while engaged in the 
work of the Commission shall be paid actual 
travel expenses and per diem in lieu of subsist-
ence expenses when away from such member’s 
usual place of residence, under subchapter I of 
chapter 57 of title 5, United States Code. 
(3) RULES.—The Commission may make such 
rules as are necessary to carry out the purposes of 
this section. 
(4) COOPERATION.—All Federal agencies shall 
cooperate fully with the Commission to the end that 
it may effectively carry out its functions and duties. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out the duties of the Commission for 
each of fiscal years 2021 through 2025. 
SEC. 12. GRANTS FOR HOSPITALS TO PROMOTE EQUITABLE 
HEALTH CARE AND OUTCOMES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Health 
VerDate Sep 11 2014 
23:31 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H8436.IH
H8436
SSpencer on DSK126QN23PROD with BILLS
and Human Services (in this section referred to as the 
‘‘Secretary’’) shall award grants to hospitals to promote 
equitable health care and reduce disparities in care and 
outcomes. 
(b) CONSULTATION.—In establishing the criteria for 
grants under this section and evaluating applications for 
such grants, the Secretary shall consult with the Assistant 
Secretary for Civil Rights and Health Equity of the De-
partment of Health and Human Services. 
(c) USE OF FUNDS.—A hospital shall use funds re-
ceived from a grant under this section to establish or ex-
pand programs to provide equal care to all patients and 
to ensure equitable health care outcomes. Such uses may 
include— 
(1) providing explicit and implicit bias training 
to medical providers and staff; 
(2) providing translation or interpretation serv-
ices for patients; 
(3) recruiting and training a diverse workforce; 
(4) tracking data related to care and outcomes; 
and 
(5) training on cultural sensitivity. 
(d) PRIORITY.—In awarding grants under this sec-
tion, the Secretary shall give priority to hospitals that 
have received disproportionate share hospital payments 
VerDate Sep 11 2014 
23:31 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H8436.IH
H8436
SSpencer on DSK126QN23PROD with BILLS