329 
SEC. 608. OFFICE OF MINORITY AFFAIRS AT THE FOOD AND 
DRUG ADMINISTRATION. 
Chapter IX of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 391 et seq.) is amended by adding at the 
end the following: 
‘‘SEC. 908. OFFICE OF MINORITY AFFAIRS. 
‘‘(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this section, the Secretary shall es-
tablish within the Office of the Commissioner of Food and 
Drugs an Office of Minority Affairs (referred to in this 
section as the ‘Office’). 
‘‘(b) DUTIES.—The Office shall be responsible for the 
coordination and facilitation of activities of the Food and 
Drug Administration to improve minority health and 
healthcare and to reduce racial and ethnic disparities in 
health and healthcare, which shall include— 
‘‘(1) promoting policies in the development and 
review of medical products that reduce racial and 
ethnic disparities in health and healthcare; 
‘‘(2) encouraging appropriate data collection, 
analysis, and dissemination of racial and ethnic dif-
ferences using, at a minimum, the categories de-
scribed in the 1997 Office of Management and 
Budget standards, in response to different therapies 
in both adult and pediatric populations;
330 
‘‘(3) providing, in coordination with other ap-
propriate government agencies, education, training, 
and support to increase participation of minority pa-
tients and physicians in clinical trials; 
‘‘(4) collecting and analyzing data using, at a 
minimum, the categories described in the 1997 Of-
fice of Management and Budget standards, on the 
number of participants from minority racial and eth-
nic backgrounds in clinical trials used to support 
medical product approvals; 
‘‘(5) the identification of methods to reduce lan-
guage and literacy barriers; and 
‘‘(6) publishing an annual report about the ac-
tivities of the Food and Drug Administration per-
taining to minority health. 
‘‘(c) STAFF.—The staff of the Office shall include— 
‘‘(1) one or more individuals with expertise in 
the design and conduct of clinical trials of drugs, bi-
ological products, and medical devices; and 
‘‘(2) one or more individuals with expertise in 
therapeutic classes or disease states for which med-
ical evidence suggests a difference based on race or 
ethnicity. 
‘‘(d) COORDINATION.—In carrying out its duties 
under this section, the Office shall coordinate with—
331 
‘‘(1) the Office of Minority Health in the Office 
of the Secretary of Health and Human Services; 
‘‘(2) the National Center for Minority Health 
and Health Disparities in the National Institutes of 
Health; and 
‘‘(3) the Office of Minority Health in the Cen-
ters for Disease Control and Prevention. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—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 2007 through 2012.’’. 
SEC. 609. SAFETY AND EFFECTIVENESS OF DRUGS WITH 
RESPECT TO RACIAL AND ETHNIC BACK-
GROUND. 
(a) IN GENERAL.—Chapter V of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amend-
ed by adding after section 505B the following: 
‘‘SEC. 505C. SAFETY AND EFFECTIVENESS OF DRUGS WITH 
RESPECT TO RACIAL AND ETHNIC BACK-
GROUND. 
‘‘(a) PRE-APPROVAL STUDIES.—If there is evidence 
that there may be a disparity on the basis of racial or 
ethnic background as to the safety or effectiveness of a 
drug, then—
332 
‘‘(1)(A) the investigations required under sec-
tion 505(b)(1)(A) shall include adequate and well- 
controlled investigations of the disparity; or 
‘‘(B) the evidence required under section 351(a) 
of the Public Health Service Act for approval of a 
biologics license application for the drug shall in-
clude adequate and well-controlled investigations of 
the disparity; and 
‘‘(2) if the investigations confirm that there is 
a disparity, the labeling of the drug shall include ap-
propriate information about the disparity. 
‘‘(b) POST-MARKET STUDIES.— 
‘‘(1) IN GENERAL.—If there is evidence that 
there may be a disparity on the basis of racial or 
ethnic background as to the safety or effectiveness 
of a drug for which there is an approved application 
under section 505 or a license under section 351 of 
the Public Health Service Act, the Secretary may by 
order require the holder of the approved application 
or license to conduct, by a date specified by the Sec-
retary, post-marketing studies to investigate the dis-
parity. 
‘‘(2) LABELING.—If the Secretary determines 
that the post-market studies confirm that there is a 
disparity described in paragraph (1), the labeling of
333 
the drug shall include appropriate information about 
the disparity. 
‘‘(3) STUDY
DESIGN.—The Secretary may 
specify all aspects of study design, including the 
number of studies and study participants, in the 
order requiring post-market studies of the drug. 
‘‘(4) MODIFICATIONS OF STUDY DESIGN.—The 
Secretary may by order modify any aspect of the 
study design as necessary after issuing an order 
under paragraph (1). 
‘‘(5) STUDY RESULTS.—The results from stud-
ies required under paragraph (1) shall be submitted 
to the Secretary as supplements to the drug applica-
tion or biological license application. 
‘‘(c) DISPARITY.—The term ‘evidence that there may 
be a disparity on the basis of racial or ethnic background 
for adult and pediatric populations as to the safety or ef-
fectiveness of a drug’ includes— 
‘‘(1) evidence that there is a disparity on the 
basis of racial or ethnic background as to safety or 
effectiveness of a drug in the same chemical class as 
the drug; 
‘‘(2) evidence that there is a disparity on the 
basis of racial or ethnic background in the way the 
drug is metabolized; and
334 
‘‘(3) other evidence as the Secretary may deter-
mine. 
‘‘(d) APPLICATIONS UNDER SECTION 505(b)(2) AND 
505(J).— 
‘‘(1) IN GENERAL.—A drug for which an appli-
cation has been submitted or approved under section 
505(j) shall not be considered ineligible for approval 
under that section or misbranded under section 502 
on the basis that the labeling of the drug omits in-
formation relating to a disparity on the basis of ra-
cial or ethnic background as to the safety or effec-
tiveness of the drug, whether derived from investiga-
tions or studies required under this section or de-
rived from other sources, when the omitted informa-
tion is protected by patent or by exclusivity under 
clause (iii) or (iv) of section 505(j)(5)(D). 
‘‘(2) LABELING.—Notwithstanding clauses (iii) 
and (iv) of section 505(j)(5)(D), the Secretary may 
require that the labeling of a drug approved under 
section 505(j) that omits information relating to a 
disparity on the basis of racial or ethnic background 
as to the safety or effectiveness of the drug include 
a statement of any appropriate contraindications, 
warnings, or precautions related to the disparity 
that the Secretary considers necessary.’’.
335 
(b) ENFORCEMENT.—Section 502 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amend-
ed by adding at the end the following: 
‘‘(w)(1) If it is a drug and the holder of the approved 
application under section 505 or license under section 351 
of the Public Health Service Act for the drug has failed 
to complete the investigations or studies, or comply with 
any other requirement, of section 505C.’’. 
(c) DRUG FEES.—Section 736(a)(1)(A)(ii) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h) 
is amended by adding after ‘‘required’’ the following: ‘‘, 
including supplements required under section 505C of the 
Act’’. 
SEC. 610. 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)(B), by striking ‘‘and’’ at 
the end; 
(2) in paragraph (2), in the matter after and 
below subparagraph (D), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following:
336 
‘‘(3) shall, with respect to activities carried out 
in healthcare 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 2007, and such sums as may 
be necessary for each of the fiscal years 2008 through 
2012.’’.
337 
SEC. 610A. 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 healthcare. 
(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 
2007 for the National Center 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 2007, and 
subsequent funding increases, should be provided for
338 
health professions training programs, the Racial and 
Ethnic Approaches to Community Health (REACH) 
at the Center 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) 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 2007; and 
(4) stewardship and accountability should be 
provided by Congress and the President for health 
disparity elimination. 
Subtitle B—Minority Health and 
Genomics Commission 
SEC. 611. SHORT TITLE. 
This subtitle may be cited as the ‘‘Minority Health 
and Genomics Act of 2005’’. 
SEC. 612. MINORITY HEALTH AND GENOMICS COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the Minority Health and Genomics 
Commission (in this subtitle referred to as the ‘‘Commis-
sion’’).
339 
(b) DUTIES.— 
(1) STUDY.—The Commission shall conduct a 
thorough study of, and develop recommendations on, 
issues relating to genomic research as applied to mi-
nority groups and, under section 516, submit a re-
port to the appropriate committees of Congress that 
recommends policies that the Commission finds will 
ultimately improve healthcare and promote the elimi-
nation of health disparities. 
(2) ISSUES.—The study under paragraph (1) 
shall address specific issues and the needs of each 
minority group described in subparagraph (A) in ad-
dition to issues involving genomic research that af-
fect the groups as a whole. In conducting such study 
the Commission shall carry out the following: 
(A) Establish standards in genomic re-
search and services that will promote the im-
provement of health and health-related services 
for the following groups: American Indians and 
Alaska Natives, African Americans, Asian 
Americans, Hispanics, and Native Hawaiians 
and other Pacific Islanders. 
(B) Recommend minimum requirements 
and standards for the equitable use of genetics
340 
research in patient care and public health serv-
ices for racial and ethnic minority patients. 
(C) Examine the accessibility, effective-
ness, availability, and cost efficiency of genomic 
research, genetic testing, genetic counseling, 
and genetic screening to minority populations. 
(D) Determine and recommend procedures 
and policies to address the need for cultural, 
linguistic, and religious sensitivity training for 
genetic counselors and researchers who work 
with minority groups. 
(E) Evaluate whether minority persons are 
provided with informed consent that is cul-
turally and linguistically appropriate to allow a 
fully informed decision about their healthcare, 
availability of treatments or options, or partici-
pation in any clinical trial involving the collec-
tion of genetic material. 
(F) Recommend how population sampling 
studies of genetic information can be improved 
to aid in the elimination of health disparities 
and improve healthcare for minority commu-
nities. 
(G) Examine how genetic material or in-
formation derived from individual minorities is
341 
used the help minority groups with the use of 
highly specific drug therapies. 
(H) Identify the accessibility, effectiveness, 
availability, privacy, and benefit of genetic data-
bases and depositories to minority communities. 
(I) Identify the accessibility, effectiveness, 
and affordability of reproductive technologies to 
minority groups. 
(J) Recommend an incentives program for 
genomic researchers that will encourage the 
study of disease and genetic ailments that dis-
proportionately affect minority communities. 
SEC. 613. REPORT. 
Not later than 2 years after the date of the enact-
ment of this Act, the Commission shall prepare and sub-
mit to the appropriate committees of Congress, the Presi-
dent, and the general public a report containing a detailed 
statement of the findings and conclusions of the Commis-
sion with respect to matters described in section 
512(b)(2), together with such recommendations as the 
Commission considers appropriate that may be specific to 
each minority group.
342 
SEC. 614. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—The Commission 
shall be composed of 17 members to be appointed as fol-
lows: 
(1) Four members shall be appointed by the 
Speaker of the House of Representatives. 
(2) Four members shall be appointed by the mi-
nority leader of the House of Representatives. 
(3) Four members shall be appointed by the 
majority leader of the Senate. 
(4) Four members shall be appointed by the mi-
nority leader of the Senate. 
(5) One member shall be appointed by the 
President. 
(b) PERSONS ELIGIBLE.— 
(1) IN GENERAL.—The members of the Com-
mission shall be individuals who have knowledge or 
expertise, whether by experience or training, in mat-
ters to be studied by the Commission. The members 
may be from the public or private sector, and may 
include employees of the Federal Government or of 
State, territory, tribal, or local governments, mem-
bers of academia, legal scholars and practitioners, 
tribal leaders, representatives of nonprofit organiza-
tions, or other interested individuals who dem-
onstrate a dedication to the use of genomics to im-
343 
prove minority healthcare and the elimination of 
health disparities among minorities. 
(2) DIVERSITY.—It is the intent of Congress 
that individuals appointed to the Commission rep-
resent diverse interests, ethnicities, various profes-
sional backgrounds, and are from different regions 
of the United States. 
(c) CONSULTATION AND APPOINTMENT.— 
(1) IN GENERAL.—The President, Speaker of 
the House of Representatives, minority leader of the 
House of Representatives, majority leader of the 
Senate, and minority leader of the Senate shall con-
sult among themselves before appointing the mem-
bers of the Commission in order to achieve, to the 
maximum extent practicable, fair and equitable rep-
resentation of various points of view with respect to 
matters studied by the Commission. 
(2) DATE
OF
APPOINTMENT.—The appoint-
ments of the members of the Commission shall be 
made not later than 90 days after the date of enact-
ment of this Act. 
(d) TERMS.— 
(1) IN GENERAL.—Each member of the Com-
mission shall be appointed for the life of the Com-
mission.
344 
(2) VACANCIES.—A vacancy in the Commission 
shall be filled in the manner in which the original 
appointment was made. 
(e) BASIC PAY.—Members of the Commission shall 
serve without pay. 
(f) TRAVEL EXPENSES.—Each member of the Com-
mission shall receive travel expenses, including per diem 
in lieu of subsistence, in accordance with applicable provi-
sions under subchapter I of chapter 57 of title 5, United 
States Code. 
(g) CHAIRPERSON AND VICE CHAIRPERSON.—The 
members of the Commission shall elect a Chairperson and 
Vice Chairperson of the Commission from among the 
members. 
(h) MEETINGS.— 
(1) IN GENERAL.—The Commission shall meet 
at the call of the Chairperson or a majority of its 
members. 
(2) INITIAL MEETING.—Not later than 30 days 
after the date on which all members of the Commis-
sion have been appointed, the Commission shall hold 
its first meeting. 
SEC. 615. POWERS OF COMMISSION. 
(a) HEARINGS
AND SESSIONS.—The Commission 
may, for the purpose of carrying out this subtitle, hold
345 
hearings, sit and act at times and places, take testimony, 
and receive evidence as the Commission considers appro-
priate to carry out this subtitle. 
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the 
Commission, take any action that the Commission is au-
thorized to take by this section. 
(c) OBTAINING OFFICIAL DATA.—Notwithstanding 
sections 552 and 552a of title 5, United States Code, the 
Commission may secure directly from any department or 
agency of the United States information necessary to en-
able it to carry out this subtitle. Upon request of the Com-
mission, the head of that department or agency shall fur-
nish that information to the Commission. 
(d) POSTAL SERVICES.—The Commission may use 
the United States mails in the same manner and under 
the same conditions as other departments and agencies of 
the United States. 
(e) WEBSITE.—For purposes of conducting the study 
under section 512(b)(1), the Commission shall establish 
and maintain a website to facilitate public comment and 
participation. 
(f) STAFF OF FEDERAL AGENCIES.—Upon request 
of the Commission, the head of any Federal department 
or agency may detail, on a nonreimbursable basis, any of
346 
the personnel of that department or agency to the Com-
mission to assist it in carrying out its duties under this 
subtitle. 
(g) ADMINISTRATIVE SUPPORT SERVICES.—Upon 
the request of the Commission, the Administrator of Gen-
eral Services may provide to the Commission, on a non-
reimbursable basis, the administrative support services 
necessary for the Commission to carry out its responsibil-
ities under this subtitle. 
SEC. 616. TERMINATION. 
The Commission shall terminate 1 year after submit-
ting its final report pursuant to section 513. 
Subtitle C—Improving 
Environmental Justice 
SEC. 621. DEFINITIONS. 
For purposes of this subtitle: 
(1) ENVIRONMENTAL JUSTICE.— 
(A) IN
GENERAL.—The term ‘‘environ-
mental justice’’ means the fair treatment of 
people of all races, cultures, and socioeconomic 
groups with respect to the development, adop-
tion, implementation, and enforcement of laws, 
regulations, and policies affecting the environ-
ment.
347 
(B) FAIR
TREATMENT.—The term ‘‘fair 
treatment’’ means policies and practices that 
will minimize the likelihood that a minority, 
low-income, or Native American community will 
bear a disproportionate share of the adverse en-
vironmental consequences, or be denied reason-
able access to the environmental benefits, re-
sulting from implementation of a Federal pro-
gram or policy. 
(2) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ means— 
(A) each Federal entity represented on the 
Working Group; 
(B) any other entity that conducts any 
Federal program or activity that substantially 
affects human health or the environment; and 
(C) each Federal agency that implements 
any program, policy, or activity applicable to 
Native Americans. 
(3) WORKING
GROUP.—The term ‘‘Working 
Group’’ means the interagency working group estab-
lished by section 413. 
(4) ADVISORY COMMITTEE.—The term ‘‘the Ad-
visory Committee’’ means the advisory committee es-
tablished by section 415.
348 
SEC. 622. ENVIRONMENTAL JUSTICE RESPONSIBILITIES OF 
FEDERAL AGENCIES. 
(a) ENVIRONMENTAL JUSTICE MISSION.—To the 
greatest extent practicable, the head of each Federal agen-
cy shall make achieving environmental justice part of its 
mission by identifying and addressing, as appropriate, dis-
proportionately high and adverse human health or envi-
ronmental effects of its programs, policies, and activities 
on minority and low-income populations in the United 
States and its territories and possessions, including the 
District of Columbia, the Commonwealth of Puerto Rico, 
Virgin Islands, Guam, and the Commonwealth of the Mar-
iana Islands. 
(b) NONDISCRIMINATION.—Each Federal agency 
shall conduct its programs, policies, and activities in a 
manner that ensures that such programs, policies, and ac-
tivities do not have the effect of excluding any person or 
group from participation in, denying any person or group 
the benefits of, or subjecting any person or group to dis-
crimination under, such programs, policies, and activities, 
because of race, color, national origin, or income. 
SEC. 623. INTERAGENCY ENVIRONMENTAL JUSTICE WORK-
ING GROUP. 
(a) CREATION AND COMPOSITION.—There is hereby 
established the Interagency Working Group on Environ-
349 
mental Justice, comprising the heads of the following exec-
utive agencies and offices, or their designees: 
(1) The Department of Defense. 
(2) The Department of Health and Human 
Services. 
(3) The Department of Housing and Urban De-
velopment. 
(4) The Department of Homeland Security. 
(5) The Department of Labor. 
(6) The Department of Agriculture. 
(7) The Department of Transportation. 
(8) The Department of Justice; 
(9) The Department of the Interior. 
(10) The Department of Commerce. 
(11) The Department of Energy. 
(12) The Environmental Protection Agency. 
(13) The Office of Management and Budget. 
(14) Any other official of the United States 
that the President may designate. 
(b) FUNCTIONS.—The Working Group shall— 
(1) provide guidance to Federal agencies on cri-
teria for identifying disproportionately high and ad-
verse human health or environmental effects on mi-
nority, low-income, and Native American popu-
lations;
350 
(2) coordinate with, provide guidance to, and 
serve as a clearinghouse for, each Federal agency as 
it develops or revises an environmental justice strat-
egy as required by this subtitle, in order to ensure 
that the administration, interpretation and enforce-
ment of programs, activities, and policies are under-
taken in a consistent manner; 
(3) assist in coordinating research by, and stim-
ulating cooperation among, the Environmental Pro-
tection Agency, the Department of Health and 
Human Services, the Department of Housing and 
Urban Development, and other Federal agencies 
conducting research or other activities in accordance 
with section 7; 
(4) assist in coordinating data collection, main-
tenance, and analysis required by this subtitle; 
(5) examine existing data and studies on envi-
ronmental justice; 
(6) hold public meetings and otherwise solicit 
public participation and consider complaints as re-
quired under subsection (c); 
(7) develop interagency model projects on envi-
ronmental justice that evidence cooperation among 
Federal agencies; and
351 
(8) in coordination with the Department of the 
Interior and after consultation with tribal leaders, 
coordinate steps to be taken pursuant to this subtitle 
that affect or involve federally-recognized Indian 
Tribes. 
(c) PUBLIC PARTICIPATION.—The Working Group 
shall— 
(1) hold public meetings and otherwise solicit 
public participation, as appropriate, for the purpose 
of fact-finding with regard to implementation of this 
subtitle, and prepare for public review a summary of 
the comments and recommendations provided; and 
(2) receive, consider, and in appropriate in-
stances conduct inquiries concerning complaints re-
garding environmental justice and the implementa-
tion of this subtitle by Federal agencies. 
(d) ANNUAL REPORTS.— 
(1) IN GENERAL.—Each fiscal year following 
enactment of this Act, the Working Group shall sub-
mit to the President, through the Office of the Dep-
uty Assistant to the President for Environmental 
Policy and the Office of the Assistant to the Presi-
dent for Domestic Policy, a report that describes the 
implementation of this subtitle, including, but not 
limited to, a report of the final environmental justice
352 
strategies described in section 6 of this subtitle and 
annual progress made in implementing those strate-
gies. 
(2) COPY
OF
REPORT.—The President shall 
transmit to the Speaker of the House of Representa-
tives and the President of the Senate a copy of each 
report submitted to the President pursuant to para-
graph (1). 
(e) CONFORMING CHANGE.—The Interagency Work-
ing Group on Environmental Justice established under 
Executive Order No. 12898, dated February 11, 1994, is 
abolished. 
SEC. 624. FEDERAL AGENCY STRATEGIES. 
(a) AGENCY-WIDE
STRATEGIES.—Each Federal 
agency shall develop an agency-wide environmental justice 
strategy that identifies and addresses disproportionally 
high and adverse human health or environmental effects 
or disproportionally low benefits of its programs, policies, 
and activities with respect to minority, low-income, and 
Native American populations. 
(b) REVISIONS.—Each strategy developed pursuant 
to subsection (a) shall identify programs, policies, plan-
ning, and public participation processes, rulemaking, and 
enforcement activities related to human health or the envi-
ronment that should be revised to—
353 
(1) promote enforcement of all health and envi-
ronmental statutes in areas with minority, low-in-
come, or Native American populations; 
(2) ensure greater public participation; 
(3) improve research and data collection relat-
ing to the health of and environment of minority, 
low-income, and Native American populations; and 
(4) identify differential patterns of use of nat-
ural resources among minority, low-income, and Na-
tive American populations. 
(c) TIMETABLES.—Each strategy developed pursuant 
to subsection (a) shall include, where appropriate, a time-
table for undertaking revisions identified pursuant to sub-
section (b). 
SEC. 625. FEDERAL ENVIRONMENTAL JUSTICE ADVISORY 
COMMITTEE. 
(a) ESTABLISHMENT.—There is established a com-
mittee to be known as the ‘‘Federal Environmental Justice 
Advisory Committee’’. 
(b) DUTIES.—The Advisory Committee shall provide 
independent advice and recommendations to the Environ-
mental Protection Agency and the Working Group on 
areas relating to environmental justice, which may include 
any of the following:
354 
(1) Advice on Federal agencies’ framework de-
velopment for integrating socioeconomic programs 
into strategic planning, annual planning, and man-
agement accountability for achieving environmental 
justice results agency-wide. 
(2) Advice on measuring and evaluating agen-
cies’ progress, quality, and adequacy in planning, de-
veloping, and implementing environmental justice 
strategies, projects, and programs. 
(3) Advice on agencies’ existing and future in-
formation management systems, technologies, and 
data collection, and the conduct of analyses that 
support and strengthen environmental justice pro-
grams in administrative and scientific areas. 
(4) Advice to help develop, facilitate, and con-
duct reviews of the direction, criteria, scope, and 
adequacy of the Federal agencies’ scientific research 
and demonstration projects relating to environ-
mental justice. 
(5) Advice for improving how the Environ-
mental Protection Agency and others participate, co-
operate, and communicate within that agency and 
between other Federal agencies, State or local gov-
ernments, federally recognized Tribes, environmental 
justice leaders, interest groups, and the public.
355 
(6) Advice regarding the Environmental Protec-
tion Agency’s administration of grant programs re-
lating to environmental justice assistance (not to in-
clude the review or recommendations of individual 
grant proposals or awards). 
(7) Advice regarding agencies’ awareness, edu-
cation, training, and other outreach activities involv-
ing environmental justice. 
(c) ADVISORY COMMITTEE.—The Advisory Com-
mittee shall be considered an advisory committee within 
the meaning of the Federal Advisory Committee Act (5 
U.S.C. App.). 
(d) MEMBERSHIP.— 
(1) IN
GENERAL.—The Advisory Committee 
shall be composed of 21 members to be appointed in 
accordance with paragraph (2). Members shall in-
clude representatives of— 
(A) community-based groups; 
(B) industry and business; 
(C) academic and educational institutions; 
(D) minority health organizations; 
(E) State and local governments, federally 
recognized tribes, and indigenous groups; and 
(F) nongovernmental and environmental 
groups.
356 
(2) APPOINTMENTS.—Of the members of the 
Advisory Committee— 
(A) five members shall be appointed by the 
majority leader of the Senate; 
(B) five members shall be appointed by the 
minority leader of the Senate; 
(C) five members shall be appointed by the 
Speaker of the House of Representatives; 
(D) five members shall be appointed by the 
minority leader of the House of Representa-
tives; and 
(E) one member to be appointed by the 
President. 
(e) MEETINGS.—The Advisory Committee shall meet 
at least twice annually. Meetings shall occur as needed and 
approved by the Director of the Office of Environmental 
Justice of the Environmental Protection Agency, who shall 
serve as the officer required to be appointed under section 
10(e) of the Federal Advisory Committee Act (5 U.S.C. 
App.) with respect to the Committee (in this subsection 
referred to as the ‘‘Designated Federal Officer’’). The Ad-
ministrator of the Environmental Protection Agency may 
pay travel and per diem expenses of members of the Advi-
sory Committee when determined necessary and appro-
priate. The Designated Federal Officer or a designee of
357 
such Officer shall be present at all meetings, and each 
meeting will be conducted in accordance with an agenda 
approved in advance by such Officer. The Designated Fed-
eral Officer may adjourn any meeting when the Des-
ignated Federal Officer determines it is in the public inter-
est to do so. As required by the Federal Advisory Com-
mittee Act, meetings of the Advisory Committee shall be 
open to the public unless the President determines that 
a meeting or a portion of a meeting may be closed to the 
public in accordance with subsection (c) of section 552b 
of title 5, United States Code. Unless a meeting or portion 
thereof is closed to the public, the Designated Federal Of-
ficer shall provide an opportunity for interested persons 
to file comments before or after such meeting or to make 
statements to the extent that time permits. 
(f) DURATION.—The Advisory Committee shall re-
main in existence until otherwise provided by law. 
SEC. 626. HUMAN HEALTH AND ENVIRONMENTAL RE-
SEARCH, DATA COLLECTION AND ANALYSIS. 
(a) DISPROPORTIONATE IMPACT.—To the extent per-
mitted by other applicable law, including section 552a of 
title 5, United States Code, popularly known as the Pri-
vacy Act of 1974, the Administrator of the Environmental 
Protection Agency, or the head of such other Federal 
agency as the President may direct, shall collect, maintain,
358 
and analyze information assessing and comparing environ-
mental and human health risks borne by populations iden-
tified by race, national origin, or income. To the extent 
practical and appropriate, Federal agencies shall use this 
information to determine whether their programs, policies, 
and activities have disproportionally high and adverse 
human 
health 
or 
environmental 
effects 
on, 
or 
disproportionally low benefits for, minority, low-income, 
and Native American populations. 
(b) INFORMATION RELATED TO NON-FEDERAL FA-
CILITIES.—In connection with the development and imple-
mentation of agency strategies in section 4, the Adminis-
trator of the Environmental Protection Agency, or the 
head of such other Federal agency as the President may 
direct, shall collect, maintain, and analyze information on 
the race, national origin, and income level, and other read-
ily accessible and appropriate information, for areas sur-
rounding facilities or sites expected to have a substantial 
environmental, human health, or economic effect on the 
surrounding populations, if such facilities or sites become 
the subject of a substantial Federal environmental admin-
istrative or judicial action. 
(c) IMPACT FROM FEDERAL FACILITIES.—The Ad-
ministrator of the Environmental Protection Agency, or 
the head of such other Federal agency as the President
359 
may direct, shall collect, maintain, and analyze informa-
tion on the race, national origin, and income level, and 
other readily accessible and appropriate information, for 
areas surrounding Federal facilities that are— 
(1) subject to the reporting requirements under 
the Emergency Planning and Community Right-to- 
Know Act (42 U.S.C. 11001 et seq.) as mandated 
in Executive Order No. 12856; and 
(2) expected to have a substantial environ-
mental, human health, or economic effect on sur-
rounding populations. 
(d) INFORMATION SHARING.— 
(1) IN GENERAL.—In carrying out the respon-
sibilities in this section, each Federal agency, to the 
extent practicable and appropriate, shall share infor-
mation and eliminate unnecessary duplication of ef-
forts through the use of existing data systems and 
cooperative agreements among Federal agencies and 
with State, local, and tribal governments. 
(2) PUBLIC AVAILABILITY.—Except as prohib-
ited by other applicable law, information collected or 
maintained pursuant to this section shall be made 
available to the public. 
(e) PUBLIC COMMENT.—Federal agencies shall pro-
vide minority, low-income, and Native American popu-
360 
lations the opportunity to participate in the development, 
design, and conduct of activities undertaken pursuant to 
this section. 
TITLE 
VII—STRENGTHENING 
HEALTH INSTITUTIONS THAT 
PROVIDE 
HEALTHCARE 
TO 
MINORITY POPULATIONS 
Subtitle A—General Provisions 
SEC. 701. AMENDMENT TO THE PUBLIC HEALTH SERVICE 
ACT. 
Title XXIX of the Public Health Service Act, as 
amended by titles II, III, V, and VI of this Act, is further 
amended by adding at the end the following: 
‘‘Subtitle E—Strengthening Health 
Institutions 
That 
Provide 
Healthcare to Minority Popu-
lations 
‘‘CHAPTER 1—GENERAL PROGRAMS 
‘‘SEC. 2951. GRANT SUPPORT FOR QUALITY IMPROVEMENT 
INITIATIVES. 
‘‘(a) IN GENERAL.—The Secretary, in collaboration 
with the Administrator of the Health Resources and Serv-
ices Administration, the Director of the Agency for 
Healthcare Research and Quality, and the Administrator 
of the Centers for Medicare and Medicaid Services, shall
361 
award grants to eligible entities for the conduct of dem-
onstration projects to improve the quality of and access 
to healthcare. 
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 
under subsection (a), an entity shall— 
‘‘(1) be a health center, hospital, health plan, 
health system, community clinic. or other health en-
tity determined appropriate by the Secretary— 
‘‘(A) that, by legal mandate or explicitly 
adopted mission, provides patients with access 
to services regardless of their ability to pay; 
‘‘(B) that provides care or treatment for a 
substantial number of patients who are unin-
sured, are receiving assistance under a State 
program under title XIX of the Social Security 
Act, or are members of vulnerable populations, 
as determined by the Secretary; and 
‘‘(C)(i) with respect to which, not less than 
50 percent of the entity’s patient population is 
made up of racial and ethnic minorities; or 
‘‘(ii) that— 
‘‘(I) serves a disproportionate percent-
age of local, minority racial and ethnic pa-
tients, or that has a patient population, at
362 
least 50 percent of which is limited English 
proficient; and 
‘‘(II) provides an assurance that 
amounts received under the grant will be 
used only to support quality improvement 
activities in the racial and ethnic popu-
lation served; and 
‘‘(2) prepare and submit to the Secretary an 
application at such time, in such manner, and con-
taining such information as the Secretary may re-
quire. 
‘‘(c) PRIORITY.—In awarding grants under sub-
section (a), the Secretary shall give priority to applicants 
under subsection (b)(2) that— 
‘‘(1) demonstrate an intent to operate as part 
of a healthcare partnership, network, collaborative, 
coalition, or alliance where each member entity con-
tributes to the design, implementation, and evalua-
tion of the proposed intervention; or 
‘‘(2) intend to use funds to carry out system-
wide changes with respect to healthcare quality im-
provement, including— 
‘‘(A) improved systems for data collection 
and reporting;
363 
‘‘(B) innovative collaborative or similar 
processes; 
‘‘(C) group programs with behavioral or 
self-management interventions; 
‘‘(D) case management services; 
‘‘(E) physician or patient reminder sys-
tems; 
‘‘(F) educational interventions; or 
‘‘(G) other activities determined appro-
priate by the Secretary. 
‘‘(d) USE OF FUNDS.—An entity shall use amounts 
received under a grant under subsection (a) to support 
the implementation and evaluation of healthcare quality 
improvement activities or minority health and healthcare 
disparity reduction activities that include— 
‘‘(1) with respect to healthcare systems, activi-
ties relating to improving— 
‘‘(A) patient safety; 
‘‘(B) timeliness of care; 
‘‘(C) effectiveness of care; 
‘‘(D) efficiency of care; and 
‘‘(E) patient centeredness; and 
‘‘(2) with respect to patients, activities relating 
to— 
‘‘(A) staying healthy;
364 
‘‘(B) getting well; 
‘‘(C) living with illness or disability; and 
‘‘(D) coping with end of life issues. 
‘‘(e) COMMON DATA SYSTEMS.—The Secretary shall 
provide financial and other technical assistance to grant-
ees under this section for the development of common data 
systems. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section, 
such sums as may be necessary for each of fiscal years 
2007 through 2012. 
‘‘SEC. 2951A. CENTERS OF EXCELLENCE. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Administrator of the Health Resources and Services 
Administration, shall designate centers of excellence at 
public hospitals, and other health systems serving large 
numbers of minority patients, that— 
‘‘(1) 
meet 
the 
requirements 
of 
section 
2971(b)(1); 
‘‘(2) demonstrate excellence in providing care to 
minority populations; and 
‘‘(3) demonstrate excellence in reducing dispari-
ties in health and healthcare.
365 
‘‘(b) REQUIREMENTS.—A hospital or health system 
that serves as a Center of Excellence under subsection (a) 
shall— 
‘‘(1) design, implement, and evaluate programs 
and policies relating to the delivery of care in ra-
cially, ethnically, and linguistically diverse popu-
lations; 
‘‘(2) provide training and technical assistance 
to other hospitals and health systems relating to the 
provision of quality healthcare to minority popu-
lations; and 
‘‘(3) develop activities for graduate or con-
tinuing medical education that institutionalize a 
focus on cultural competence training for health care 
providers. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section, 
such sums as may be necessary for each of fiscal years 
2007 through 2012. 
‘‘SEC. 2951B. CONSULTATION, CONSTRUCTION AND REN-
OVATION OF AMERICAN INDIAN AND ALASKA 
NATIVE FACILITIES; REPORTS. 
‘‘(a) CONSULTATION.—Prior to the expenditure of, or 
the making of any firm commitment to expend, any funds 
appropriated for the planning, design, construction, or
366 
renovation of facilities pursuant to the Act of November 
2, 1921 (25 U.S.C. 13) (commonly known as the Snyder 
Act), the Secretary, acting through the Service, shall— 
‘‘(1) consult with any Indian tribe that would 
be significantly affected by such expenditure for the 
purpose of determining and, whenever practicable, 
honoring tribal preferences concerning size, location, 
type, and other characteristics of any facility on 
which such expenditure is to be made; and 
‘‘(2) ensure, whenever practicable, that such fa-
cility meets the construction standards of any na-
tionally recognized accrediting body by not later 
than 1 year after the date on which the construction 
or renovation of such facility is completed. 
‘‘(b) CLOSURE OF FACILITIES.— 
‘‘(1) IN GENERAL.—Notwithstanding any provi-
sion of law other than this subsection, no Service 
hospital or outpatient healthcare facility or any inpa-
tient service or special care facility operated by the 
Service, may be closed if the Secretary has not sub-
mitted to the Congress at least 1 year prior to the 
date such proposed closure an evaluation of the im-
pact of such proposed closure which specifies, in ad-
dition to other considerations—
367 
‘‘(A) 
the 
accessibility 
of 
alternative 
healthcare resources for the population served 
by such hospital or facility; 
‘‘(B) the cost effectiveness of such closure; 
‘‘(C) the quality of healthcare to be pro-
vided to the population served by such hospital 
or facility after such closure; 
‘‘(D) the availability of contract healthcare 
funds to maintain existing levels of service; 
‘‘(E) the views of the Indian tribes served 
by such hospital or facility concerning such clo-
sure; 
‘‘(F) the level of utilization of such hos-
pital or facility by all eligible Indians; and 
‘‘(G) the distance between such hospital or 
facility and the nearest operating Service hos-
pital. 
‘‘(2) TEMPORARY
CLOSURE.—Paragraph (1) 
shall not apply to any temporary closure of a facility 
or of any portion of a facility if such closure is nec-
essary for medical, environmental, or safety reasons. 
‘‘(c) PRIORITY SYSTEM.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a healthcare facility priority system, that 
shall—
368 
‘‘(A) be developed with Indian tribes and 
tribal organizations through negotiated rule-
making; 
‘‘(B) give the needs of Indian tribes the 
highest priority, with additional priority being 
given to those service areas where the health 
status of Indians within the area, as measured 
by life expectancy based upon the most recent 
data available, is significantly lower than the 
average health status for Indians in all service 
areas; and 
‘‘(C) at a minimum, include the lists re-
quired in paragraph (2)(B) and the method-
ology required in paragraph (2)(E); 
except that the priority of any project established 
under the construction priority system in effect on 
the date of this Act shall not be affected by any 
change in the construction priority system taking 
place thereafter if the project was identified as one 
of the top 10 priority inpatient projects or one of the 
top 10 outpatient projects in the Indian Health 
Service budget justification for fiscal year 2006, or 
if the project had completed both Phase I and Phase 
II of the construction priority system in effect on 
the date of this title.
369 
‘‘(2) REPORT.—The Secretary shall submit to 
the President and Congress a report that includes— 
‘‘(A) a description of the healthcare facility 
priority system of the Service, as established 
under paragraph (1); 
‘‘(B) healthcare facility lists, including— 
‘‘(i) the total healthcare facility plan-
ning, design, construction and renovation 
needs for Indians; 
‘‘(ii) the 10 top-priority inpatient care 
facilities; 
‘‘(iii) the 10 top-priority outpatient 
care facilities; 
‘‘(iv) the 10 top-priority specialized 
care facilities (such as long-term care and 
alcohol and drug abuse treatment); and 
‘‘(v) any staff quarters associated 
with such prioritized facilities; 
‘‘(C) the justification for the order of pri-
ority among facilities; 
‘‘(D) the projected cost of the projects in-
volved; and 
‘‘(E) the methodology adopted by the Serv-
ice in establishing priorities under its healthcare 
facility priority system.