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S. 5066IntroducedSenate · nowHousePresidentLawIn committee
Sec. 11002 · S. 5066

Statutory restoration and reestablishment of Federal offices and programs

Title XI — Protections to combat regulatory harm to health equity

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(a) Offices of minority health and health equity (1) In general Not later than 30 days after the date of enactment of this Act, each office described in paragraph (2) shall— (A) employ not less than the number of staff as such office employed as of January 19, 2025; and (B) carry out all functions as such office carried out as of such date. (2) Offices The offices described in this paragraph are each of the following: (A) The Office of Minority Health of the Department of Health and Human Services, established by section 1707 of the Public Health Service Act (42 U.S.C. 300u–6). (B) The Office of Minority Health of the Centers for Medicare & Medicaid Services, established pursuant to section 1707A of such Act (42 U.S.C. 300u–6a). (C) The Office of Minority Health and Health Equity of the Food and Drug Administration, established pursuant to such section 1707A. (3) Resources Not later than 30 days after the date of enactment of this Act, all websites, data portals, and public-facing resources of the offices described in paragraph (2), removed pursuant to any Executive order described in section 11001(b), shall be fully restored to their forms as in existence on January 19, 2025. (4) Funding The Secretary of Health and Human Services shall ensure that any amounts appropriated or otherwise made available for an office described in paragraph (2) as of January 19, 2025, that were retracted or otherwise withheld from such office during the period beginning on January 19, 2025, and ending on the date of enactment of this Act are transferred to, or otherwise reinstated for, such office. Any such amounts shall be used by the office to carry out paragraph (1) with respect to such office. (b) National Institute on Minority Health and Health Disparities (1) In general Not later than 30 days after the date of enactment of this Act, the National Institute on Minority Health and Health Disparities, established by section 401(b)(24) of the Public Health Service Act (42 U.S.C. 281(b)(24)), shall— (A) employ not less than the number of staff as such Institute employed as of January 19, 2025; and (B) carry out all functions as such Institute carried out as of such date. (2) Director The Director of the National Institute on Minority Health and Health Disparities, or any Acting Director of such Institute, placed on administrative leave or terminated pursuant to any Executive order described in section 11001(b), or a related Executive action, is reinstated, subject to the consent of such Director, for a term of 5 years beginning on the date of enactment of this Act. Nothing in this paragraph shall limit the authority of the Secretary or the Director of the National Institutes of Health described in section 405(a)(2)(E) of the Public Health Service Act (42 U.S.C. 284(a)(2)(E)). (3) Functions No provision of Federal statutory law may eliminate the National Institute on Minority Health and Health Disparities without specifying how the statutory functions of the Institute will be carried out. (4) Funding The Secretary of Health and Human Services shall ensure that any amounts appropriated or otherwise made available for the National Institute on Minority Health and Health Disparities as of January 19, 2025, that were retracted or otherwise withheld from such Institute during the period beginning on January 19, 2025, and ending on the date of enactment of this Act are transferred to, or otherwise reinstated for, such Institute. Any such amounts shall be used by the Institute to carry out paragraph (1). (c) Offices of health equity; Health Equity Advisory Committee Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by inserting after section 1707A (42 U.S.C. 300ua–6a) the following: 1707B. Individual Offices of Health Equity within the Department (a) In general The head of each agency specified in subsection (b) shall establish within the agency an office to be known as the Office of Health Equity. The head of each such Office shall be a Director appointed by the head of the agency within which the Office is established, and such Director shall report directly to the head of the agency. The head of such agency shall carry out all functions (as this section relates to the agency) acting through such Director. (b) Agencies The agencies described in this subsection are each of the following: (1) The Centers for Disease Control and Prevention. (2) The Health Resources and Services Administration. (c) Functions and staff (1) CDC The Office of Health Equity of the Centers for Disease Control and Prevention established by this section shall— (A) employ not less than the number of staff the Office of Health Equity of the Centers for Disease Control and Prevention operating on January 19, 2025, employed as of such date; and (B) carry out all functions that the Office of Health Equity of the Centers for Disease Control and Prevention operating on January 19, 2025, carried out as of such date. (2) HRSA The Office of Health Equity of the Health Resources and Services Administration established by this section shall— (A) employ not less than the number of staff the Office of Health Equity of the Health Resources and Services Administration operating on January 19, 2025, employed as of such date; and (B) carry out all functions that the Office of Health Equity of the Health Resources and Services Administration operating on January 19, 2025, carried out as of such date. (d) Funding (1) CDC The Secretary shall ensure that any amounts appropriated or otherwise made available for the Office of Health Equity of the Centers for Disease Control and Prevention operating on January 19, 2025, that were retracted or otherwise withheld from such office during the period beginning on January 19, 2025, and ending on the date of enactment of the Health Equity and Accountability Act of 2026 are transferred to, or otherwise reinstated for, the Office of Health Equity of the Centers for Disease Control and Prevention established under this section. Any such amounts shall be used by such Office to carry out subsection (c)(1). (2) HRSA The Secretary shall ensure that any amounts appropriated or otherwise made available for the Office of Health Equity of the Health Resources and Services Administration operating on January 19, 2025, that were retracted or otherwise withheld from such office during the period beginning on January 19, 2025, and ending on the date of enactment of the Health Equity and Accountability Act of 2026 are transferred to, or otherwise reinstated for, the Office of Health Equity of the Health Resources and Services Administration established under this section. Any such amounts shall be used by such Office to carry out subsection (c)(2). 1707C. Health Equity Advisory Committee (a) Establishment There is established in the Department of Health and Human Services an advisory committee to be known as the Health Equity Advisory Committee (referred to in this section as the Advisory Committee). (b) Members The Advisory Committee shall be composed of 20 members, all of whom shall be appointed by the Secretary not later than 90 days after the date of enactment of the Health Equity and Accountability Act of 2026. (c) Duties The Advisory Committee shall— (1) advise the Secretary on the priorities and concerns of populations experiencing health disparities; (2) recommend actions, standards, and methodologies that are data-driven, evidence-based, and culturally and linguistically appropriate for the identification, measurement, and elimination of health disparities; (3) advise the Secretary on the design, collection, analysis, disaggregation, and public reporting of data necessary to identify and monitor health disparities, including data on race, ethnicity, primary language, sexual orientation, gender identity, disability status, and socioeconomic status; (4) review, and recommend revisions to, departmental policies, standards, regulations, and procedures that may create, perpetuate, or fail to mitigate health inequities; (5) assist the Secretary in developing, implementing, and monitoring performance measures related to the advancement of health equity across the programs of the Department; (6) increase public awareness of the existence, causes, and consequences of health disparities; (7) carry out such other duties as the Secretary may assign to advance the purposes of the Health Equity and Accountability Act of 2026; and (8) carry out any other duty that the Health Equity Advisory Committee of the Department of Health and Human Services, operating on January 19, 2025, carried out as of such date.. (d) SAMHSA and other health agencies (1) In general Not later than 30 days after the date of enactment of this Act, each of the agencies of the Department of Health and Human Services described in paragraph (2) shall— (A) employ not less than the number of staff as such agency employed as of January 19, 2025; and (B) carry out all functions (including by carrying out all grants and programs) that such agency carried out as of such date. (2) Agencies The agencies described in this paragraph are each of the following: (A) The Substance Use and Mental Health Services Administration established by title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) and renamed pursuant to the amendments made by section 6707. (B) The Office of Infectious Diseases and HIV/AIDS Policy. (C) The National Institute of Nursing Research, established by section 401(b)(17) of the Public Health Service Act (42 U.S.C. 281(b)(17)). (D) The John E. Fogarty International Center for Advanced Study in the Health Sciences, established by section 401(b)(22) of such Act. (E) The National Center for Complementary and Integrative Health, established by section 401(b)(23) of such Act. (3) Funding The Secretary of Health and Human Services shall ensure that any amounts appropriated or otherwise made available for an agency described in paragraph (2) as of January 19, 2025, that were retracted or otherwise withheld from such agency during the period beginning on January 19, 2025, and ending on the date of enactment of this Act are transferred to, or otherwise reinstated for, such agency. Any such amounts shall be used by the agency to carry out paragraph (1) with respect to such agency. (e) Office of Federal Contract Compliance Programs (1) In general Not later than 30 days after the date of enactment of this Act, the Office of Federal Contract Compliance Programs of the Department of Labor shall— (A) employ not less than the number of staff as such Office employed as of January 19, 2025; and (B) carry out all functions that such Office carried out as of such date. (2) Funding The Secretary of Labor shall ensure that any amounts appropriated or otherwise made available for the Office of Federal Contract Compliance Programs of the Department of Labor as of January 19, 2025, that were retracted or otherwise withheld from such Office during the period beginning on January 19, 2025, and ending on the date of enactment of this Act are transferred to, or otherwise reinstated for, such Office. Any such amounts shall be used by the Office to carry out paragraph (1). (f) United States Agency for International Development health programs (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall— (A) reestablish the Bureau for Global Health of the United States Agency for International Development as an independent agency of the Federal Government; (B) initiate the hiring or rehiring of staff in the Bureau for Global Health so that the number of such staff and the positions occupied by such staff are roughly equivalent to the number and positions of such staff that were employed by the Bureau as of January 19, 2025; and (C) establish a detailed strategy for ensuring the Bureau for Global Health resumes the responsibility of carrying out all of the functions that were assigned to the Bureau as of such date. (2) Funding The Secretary of State shall ensure that any amounts appropriated or otherwise made available for the Bureau for Global Health as of January 19, 2025, which were subsequently withheld from the Bureau, are made available to the Bureau to carry out the actions required under paragraph (1), including implementing the strategy referred to in paragraph (1)(C).

Sec. 11002: Statutory restoration and reestablishment of Federal offices and programs · Public Law Tracker