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Code · BILL · 117th Congress · S. 3073 (Introduced in Senate) — To prohibit discrimination in health care and require the provision of equitable health care, and for other purposes. · Sec. 8

Sec. 8. Federal Health Equity Commission

1,285 words·~6 min read·/bill/117/s/3073/is/section-8

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There is established the Federal Health Equity Commission (in this section referred to as the Commission ). The Commission shall be composed of— 8 voting members appointed under subparagraph (B); and the nonvoting, ex officio members listed in subparagraph (C). Not more than 4 of the members described in subparagraph (A)(i) shall at any one time be of the same political party. Such members shall have recognized expertise in and personal experience with racial and ethnic health inequities, health care needs of vulnerable and marginalized populations, and health equity as a vehicle for improving health status and health outcomes.
Such members shall be appointed to the Commission as follows: 4 members of the Commission shall be appointed by the President. 2 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. Each member appointed to the Commission under this clause shall be appointed from a different political party. 2 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.
Each member appointed to the Commission under this clause shall be appointed from a different political party. The Commission shall have the following nonvoting, ex officio members: The Director for Civil Rights and Health Equity of the Department of Health and Human Services. The Deputy Assistant Secretary for Minority Health of the Department of Health and Human Services. The Director of the National Institute on Minority Health and Health Disparities. The Chairperson of the Advisory Committee on Minority Health established under section 1707(c) of the Public Health Service Act ( 42 U.S.C. 300u–6(c) ).
The term of office of each member appointed under paragraph (2)(B) of the Commission shall be 6 years. The President shall, with the concurrence of a majority of the members of the Commission appointed under paragraph (2)(B), designate a Chairperson from among the members of the Commission appointed under such paragraph. The Speaker of the House of Representatives shall, in consultation with the majority leaders and the minority leaders of the Senate and the House of Representatives and with the concurrence of a majority of the members of the Commission appointed under paragraph (2)(B), designate a Vice Chairperson from among the members of the Commission appointed under such paragraph.
The Vice Chairperson may not be a member of the same political party as the Chairperson. The Vice Chairperson shall act in place of the Chairperson in the absence of the Chairperson. The President may remove a member of the Commission only for neglect of duty or malfeasance in office. A majority of members of the Commission appointed under paragraph (2)(B) shall constitute a quorum of the Commission, but a lesser number of members may hold hearings. The Commission shall— monitor and report on the implementation of this Act; and investigate, monitor, and report on progress towards health equity and the elimination of health disparities.
The Commission shall— submit to the President and Congress at least one report annually on health equity and health disparities; and include in such report— a description of actions taken by the Department of Health and Human Services and any other Federal agency related to health equity or health disparities; and recommendations on ensuring equitable health care and eliminating health disparities. The Commission or, at the direction of the Commission, any subcommittee or member of the Commission, may, for the purpose of carrying out this section, as the Commission or the subcommittee or member considers advisable— hold such hearings, meet and act at such times and places, take such testimony, receive such evidence, and administer such oaths; and require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials.
The Commission may hold a hearing under subparagraph (A)(i) only if the hearing is approved— by a majority of the members of the Commission appointed under subsection (a)(2)(B); or by a majority of such members present at a meeting when a quorum is present. A subpoena issued under paragraph
(1)shall— bear the signature of the Chairperson of the Commission; and be served by any person or class of persons designated by the Chairperson for that purpose. In the case of contumacy or failure to obey a subpoena issued under paragraph (1), the United States district court for the district in which the subpoenaed person resides, is served, or may be found may issue an order requiring the person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of court. Section 1821 of title 28, United States Code, shall apply to a witness requested or subpoenaed to appear at a hearing of the Commission. The per diem and mileage allowances for a witness shall be paid from funds available to pay the expenses of the Commission. The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. The Commission may accept, use, and dispose of gifts or donations of services or property. There shall be a full-time staff director for the Commission who shall— serve as the administrative head of the Commission; and be appointed by the Chairperson with the concurrence of the Vice Chairperson. The Commission may— appoint such other personnel as it considers advisable, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates; and may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not in excess of the daily equivalent paid for positions at the maximum rate for GS–15 of the General Schedule under section 5332 of title 5, United States Code. Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. Each member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an office or employee of the Federal Government. A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. There are authorized to be appropriated for fiscal year 2022 and each fiscal year thereafter such sums as may be necessary to carry out the duties of the Commission.
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  • 42 USC 300u–6(c)
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Sec. 8
Federal Health Equity Commission
Cite42 USC 300u–6(c)
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