126 
U.S.C. 472), shall apply to all personnel actions 
taken with respect to new positions created within 
the Service as a result of its establishment under 
subsection (a). 
(e) RATE OF PAY.— 
(1) POSITIONS AT LEVEL IV.—Section 5315 of 
title 5, United States Code, is amended by striking 
the following: ‘‘Assistant Secretaries of Health and 
Human Services (6).’’ and inserting ‘‘Assistant Sec-
retaries of Health and Human Services (7).’’. 
(2) POSITIONS AT LEVEL V.—Section 5316 of 
such title is amended by striking the following: ‘‘Di-
rector, Indian Health Service, Department of Health 
and Human Services.’’. 
(f) DUTIES OF ASSISTANT SECRETARY FOR INDIAN 
HEALTH.—Section 601 of the Indian Health Care Im-
provement Act (25 U.S.C. 1661) is amended in subsection 
(a)— 
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(2) in the second sentence of paragraph (1), as 
so designated, by striking ‘‘a Director,’’ and insert-
ing ‘‘the Assistant Secretary for Indian Health,’’; 
(3) by striking the third sentence of paragraph 
(1), as so designated, and all that follows through 
the end of the subsection (a) of such section and in-
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127 
serting the following: ‘‘The Assistant Secretary for 
Indian Health shall carry out the duties specified in 
paragraph (2).’’; and 
(4) by adding after paragraph (1) the following: 
‘‘(2) The Assistant Secretary for Indian Health 
shall— 
‘‘(A) report directly to the secretary con-
cerning all policy and budget-related matters 
affecting Indian health; 
‘‘(B) collaborate with the Assistant Sec-
retary for Health concerning appropriate mat-
ters of Indian health that affect the agencies of 
the Public Health Service; 
‘‘(C) advise each Assistant Secretary of the 
Department of Health and Human Services 
concerning matters of Indian health with re-
spect to which that Assistant Secretary has au-
thority and responsibility; 
‘‘(D) advise the heads of other agencies 
and programs of the Department of Health and 
Human Services concerning matters of Indian 
health with respect to which those heads have 
authority and responsibility; and 
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128 
‘‘(E) coordinate the activities of the De-
partment of Health and Human Services con-
cerning matters of Indian health.’’. 
(g) CONTINUED SERVICE BY INCUMBENT.—The indi-
vidual serving in the position of Director of the Indian 
Health Service on the date preceding the date of enact-
ment of this Act may serve as Assistant Secretary for In-
dian Health, at the pleasure of the President after the 
date of enactment of this Act. 
(h) CONFORMING AMENDMENTS.— 
(1) AMENDMENTS TO INDIAN HEALTH CARE IM-
PROVEMENT
ACT.—The Indian Health Care Im-
provement Act (25 U.S.C. 1601 et seq.) is amend-
ed— 
(A) in section 601— 
(i) in subsection (c), by striking ‘‘Di-
rector of the Indian Health Service’’ both 
places it appears and inserting ‘‘Assistant 
Secretary for Indian Health’’; and 
(ii) in subsection (d), by striking ‘‘Di-
rector of the Indian Health Service’’ and 
inserting ‘‘Assistant Secretary for Indian 
Health’’; and 
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129 
(B) in section 816(c)(1), by striking ‘‘Di-
rector of the Indian Health Service’’ and insert-
ing ‘‘Assistant Secretary for Indian Health’’. 
(2) AMENDMENTS TO OTHER PROVISIONS OF 
LAW.—The following provisions are each amended 
by striking ‘‘Director of the Indian Health Service’’ 
each place it appears and inserting ‘‘Assistant Sec-
retary for Indian Health’’: 
(A) Section 203(a)(1) of the Rehabilitation 
Act of 1973 (29 U.S.C. 761b(a)(1)). 
(B) Subsections (b) and (e) of section 518 
of the Federal Water Pollution Control Act (33 
U.S.C. 1377 (b) and (e)). 
(C) Section 803B(d)(1) of the Native 
American Programs Act of 1974 (42 U.S.C. 
2991b–2(d)(1)). 
(i) REFERENCES.—Reference in any other Federal 
law, Executive order, rule, regulation, or delegation of au-
thority, or any document of or relating to the Director 
of the Indian Health Service shall be deemed to refer to 
the Assistant Secretary for Indian Health. 
(j) DEFINITIONS.—For purposes of this section, the 
definitions contained in section 4 of the Indian Health 
Care Improvement Act shall apply. 
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130 
SEC. 406. ESTABLISHMENT OF INDIVIDUAL OFFICES OF MI-
NORITY HEALTH WITHIN AGENCIES OF THE 
PUBLIC HEALTH SERVICE. 
Title XVII of the Public Health Service Act (42 
U.S.C. 300u et seq.) is amended by inserting after section 
1707 the following section: 
‘‘INDIVIDUAL OFFICES OF MINORITY HEALTH WITHIN 
PUBLIC HEALTH SERVICE 
‘‘SEC. 1707A. (a) IN GENERAL.—The head of each 
agency specified in subsection (b)(1) shall establish within 
the agency an office to be known as the Office of Minority 
Health and Racial, Ethnic, and Primary Language Health 
Disparities Elimination. Each such Office shall be headed 
by a director, who shall be appointed by the head of the 
agency within which the Office is established, and who 
shall report directly to the head of the agency. The head 
of such agency shall carry out this section (as this section 
relates to the agency) acting through such Director. 
‘‘(b) SPECIFIED AGENCIES.— 
‘‘(1) IN GENERAL.—The agencies referred to in 
subsection (a) are the following: 
‘‘(A) The Centers for Disease Control and 
Prevention. 
‘‘(B) The Health Resources and Services 
Administration. 
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131 
‘‘(C) The Substance Abuse and Mental 
Health Services Administration; and 
‘‘(D) The Administration on Aging. 
‘‘(c) COMPOSITION.—The head of each specified 
agency shall ensure that the officers and employees of the 
minority health office of the agency are, collectively, expe-
rienced in carrying out community-based health programs 
for each of the various racial and ethnic minority groups 
that are present in significant numbers in the United 
States. 
‘‘(d) DUTIES.—Each Director of a minority health of-
fice shall establish and monitor the programs of the speci-
fied agency of such office in order to carry out the fol-
lowing: 
‘‘(1) Determine the extent to which the pur-
poses of the programs are being carried out with re-
spect to racial and ethnic minority groups; 
‘‘(2) Determine the extent to which members of 
such groups are represented among the Federal offi-
cers and employees who administer the programs; 
and 
‘‘(3) Make recommendations to the head of 
such agency on carrying out the programs with re-
spect to such groups. In the case of programs that 
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132 
provide services, such recommendations shall include 
recommendations toward ensuring that— 
‘‘(A) the services are equitably delivered 
with respect to racial and ethnic minority 
groups; 
‘‘(B) the programs provide the services in 
the language and cultural context that is most 
appropriate for the individuals for whom the 
services are intended; and 
‘‘(C) the programs utilize racial and ethnic 
minority community-based organizations to de-
liver services. 
‘‘(e) BIENNIAL REPORTS TO SECRETARY.—The head 
of each specified agency shall submit to the Secretary for 
inclusion in each biennial report describing— 
‘‘(1) the extent to which the minority health of-
fice of the agency employs individuals who are mem-
bers of racial and ethnic minority groups, including 
a specification by minority group of the number of 
such individuals employed by such office. 
‘‘(f) FUNDING.— 
‘‘(1) ALLOCATIONS.—Of the amounts appro-
priated for a specified agency for a fiscal year, the 
Secretary must designate an appropriate amount of 
funds for the purpose of carrying out activities 
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133 
under this section through the minority health office 
of the agency. In reserving an amount under the 
preceding sentence for a minority health office for a 
fiscal year, the Secretary shall reduce, by substan-
tially the same percentage, the amount that other-
wise would be available for each of the programs of 
the designated agency involved. 
‘‘(2) AVAILABILITY
OF
FUNDS
FOR
STAFF-
ING.—The purposes for which amounts made avail-
able under paragraph may be expended by a minor-
ity health office include the costs of employing staff 
for such office.’’. 
SEC. 407. OFFICE OF MINORITY HEALTH AT THE CENTERS 
FOR MEDICARE AND MEDICAID SERVICES. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Secretary of Health and 
Human Services shall establish within the Centers for 
Medicare and Medicaid Services an Office of Minority 
Health (referred to in this section as the ‘‘Office’’). 
(b) DUTIES.—The Office shall be responsible for the 
coordination and facilitation of activities of the Centers 
for Medicare and Medicaid Services to improve minority 
health and healthcare and to reduce racial and ethnic dis-
parities in health and healthcare, which shall include— 
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134 
(1) creating a strategic plan, which shall be 
made available for public review, to improve the 
health and healthcare of Medicare, Medicaid, and 
SCHIP beneficiaries; 
(2) promoting agency-wide policies relating to 
healthcare delivery and financing that could have a 
beneficial impact on the health and healthcare of mi-
nority populations; 
(3) assisting health plans, hospitals, and other 
health entities in providing culturally and linguis-
tically appropriate healthcare services; 
(4) increasing awareness and outreach activities 
for minority healthcare consumers and providers 
about the causes and remedies for health and 
healthcare disparities; 
(5) developing grant programs and demonstra-
tion projects to identify, implement and evaluate in-
novative approaches to improving the health and 
healthcare of minority beneficiaries in the Medicare, 
Medicaid, and SCHIP programs; 
(6) considering incentive programs relating to 
reimbursement that would reward health entities for 
providing quality healthcare for minority populations 
using established benchmarks for quality of care; 
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(7) collaborating with the compliance office to 
ensure compliance with the anti-discrimination provi-
sions under title VI of the Civil Rights Act of 1964; 
(8) identifying barriers to enrollment in public 
programs under the jurisdiction of the Centers for 
Medicare and Medicaid Services; 
(9) monitoring and evaluating on a regular 
basis the success of minority health programs and 
initiatives; 
(10) publishing an annual report about the ac-
tivities of the Centers for Medicare and Medicaid 
Services relating to minority health improvement; 
and 
(11) other activities determined appropriate by 
the Secretary of Health and Human Services. 
(c) STAFF.—The staff at the Office shall include— 
(1) one or more individuals with expertise in 
minority health and racial and ethnic health dispari-
ties; and 
(2) one or more individuals with expertise in 
healthcare financing and delivery in underserved 
communities. 
(d) COORDINATION.—In carrying out its duties under 
this section, the Office shall coordinate with— 
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