,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hcgd ,,in ,,the ,,house ,,of ,,representatives ,september #bd1 #bjbj,ms4 ,de,lauro 7for herself1 ,mr4 ,garca of ,illinois1 ,mrs4 ,watson ,coleman1 ,mr4 ,grijalva1 ,mr4 ,cohen1 ,mr4 ,san ,nicolas1 ,mrs4 ,hayes1 ,mr4 ,carson of ,indiana1 ,ms4 ,norton1 ,ms4 ,johnson of ,texas1 ,ms4 ,lee of ,california1 ,mr4 ,crdenas1 ,mr4 ,lowenthal1 ,mr4 ,smith of ,washington1 ,ms4 ,escobar1 ,mr4 ,khanna1 ,ms4 ,clarke of ,new ,york1 ,ms4 ,sewell of ,alabama1 ,ms4 ,jackson ,lee1 ,ms4 ,scanlon1 ,ms4 ,clark of ,massachusetts1 ,mr4 ,sires1 ,ms4 ,velzquez1 ,mr4 ,lawson of ,florida1 ,mrs4 ,beatty1 ,mr4 ,richmond1 ,ms4 ,fudge1 and ,ms4 ,moore7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,public ,health ,service ,act to provide for establishment of an ,office of ,minority and ,women ,inclusion within each covered agency of the ,department of ,health and ,human ,services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,expanding ,representation at ,,hhs ,act of #bjbj4 #b4 ,office of ,minority and ,women ,inclusion ,part ,a of title ,,ii of the ,public ,health ,service ,act is amended by inserting after section #bbi of such ,act 7#db ,u4,s4,c4 #bcg;a7 the following new section3 #bbi;,a4 ,office of ,minority and ,women ,inclusion 7a7 ,office of ,minority and ,women ,inclusion 7#a7 ,establishment ,not later than the date that is #f months after the date of enactment of the ,expanding ,representation at ,,hhs ,act of #bjbj1 the agency administrator of each covered agency shall establish an office to be known as the ,office of ,minority and ,women ,inclusion 7in this section referred to as an ,office7 within the covered agency to be responsible for all matters of the covered agency relating to diversity in the management1 employment1 and business activities of the covered agency4 7#b7 ,transfer of responsibilities ,the agency administrator of each covered agency that1 preceding the establishment of an ,office pursuant to paragraph 7#a7 within the covered agency1 assigned the responsibilities described in paragraph 7#a7 7or comparable responsibilities7 to an office other than such ,office shall ensure that such responsibilities are transferred to such ,office4 7#c7 ,duties with respect to civil rights laws ,the responsibilities described in paragraph 7#a7 do not include enforcement of statutes1 regulations1 or ,executive orders pertaining to civil rights1 except that the ,director of each ,office shall coordinate with the agency administrator of the respective covered agency regarding the design and implementation of any remedies resulting from violations of such statutes1 regulations1 or ,executive orders4 7b7 ,director 7#a7 ,in general ,the ,office of a covered agency shall be headed by a ,director1 who shall be appointed by1 and shall report directly to1 the agency administrator of the covered agency4 7#b7 ,designation ,the position of ,director shall be-- 7,a7 a career reserved position in the ,senior ,executive ,service1 as such terms are defined in section #cacb of title #e1 ,united ,states ,code2 or 7,b7 an equivalent position4 7#c7 ,duties ,the agency administrator of each covered agency1 in consultation with the ,director of the ,office of the covered agency1 shall develop standards for-- 7,a7 developing and overseeing the implementation of standards for-- 7i7 equal employment opportunity and the racial1 ethnic1 and gender diversity of the workforce and senior management of the covered agency2 7ii7 increased participation of minority-led and women-led businesses in the programs and contracts of the covered agency1 including standards for coordinating technical assistance to such businesses2 and 7iii7 assessing the diversity policies and practices of entities receiving financial assistance from the covered agency1 except that the agency administrator shall exempt small entities from the assessment1 as determined to be appropriate by the agency administrator2 and 7,b7 advising the agency administrator of the covered agency on the impact of the policies and regulations of the covered agency on minority-led and women-led grantees and subgrantees4 7c7 ,staff ,each ,office shall be staffed at the appropriate levels to carry out the functions and responsibilities of the ,office under this section4 7d7 ,inclusion in all levels of grantee and subgrantee activities 7#a7 ,in general ,the agency administrator of each covered agency1 in consultation with the ,director of the ,office of the covered agency1 shall develop and implement standards and procedures to ensure1 to the maximum extent possible1 the fair inclusion and utilization of minorities1 women1 and minority-led and women-led grantees and subgrantees in all activities of the covered agency at all levels1 including in procurement1 insurance1 and all types of contracts4 7#b7 ,grantmaking and contracts ,the procedures established by each covered agency for review and evaluation of grant- and subgrant-making and contract proposals and for hiring service providers shall include1 to the extent consistent with applicable law1 a component that gives consideration to the diversity of the applicant4 ,such procedures shall include a written statement1 in a form and with such content as the ,director of the ,office of the covered agency shall prescribe1 that a grantee1 subgrantee1 or contractor shall ensure1 to the maximum extent possible1 the fair inclusion of women and minorities in the workforce of the grantee1 subgrantee1 contractor1 and subcontractors4 7#c7 ,termination 7,a7 ,determination ,the standards and procedures developed and implemented under this subsection shall include a procedure for the ,director of the ,office involved to determine whether a grantee1 subgrantee1 contractor1 or subcontractor of the covered agency has failed to make a good faith effort to include minorities and women in the workforce of the grantee1 subgrantee1 contractor1 or subcontractor4 7,b7 ,effect of determination 7i7 ,recommendation to agency administrator ,upon a determination under subparagraph 7,a7 of a failure described in such subparagraph1 the ,director of the ,office involved shall recommend to the agency administrator of the covered agency that the grant1 subgrant1 contract1 or subcontract1 as applicable1 be terminated4 7ii7 ,action by agency administrator ,upon receipt of a recommendation under clause 7i71 the agency administrator of the covered agency may-- 7,i7 terminate the grant or contract1 or direct the grantee or contractor to terminate the subgrant or subcontract1 as the case may be2 7,,ii7 make a referral to the ,office of ,federal ,contract ,compliance ,programs of the ,department of ,labor2 or 7,,iii7 take other appropriate action4 7e7 ,applicability ,this section applies with respect to all grant agreements and other contracts of a covered agency1 including for services of any kind1 including the services of adoption agencies1 child welfare organizations1 energy companies participating in the ,low ,income ,home ,energy ,assistance ,program1 legal service providers4 ,the grants1 subgrants1 contracts1 and subcontracts referred to in this subsection include all contracts for all business and activities of a covered agency1 at all levels1 including grants1 subgrants1 contracts1 and subcontracts for the programs and services provided by ,department of ,health and ,human ,services grantees1 subgrantees1 contractors1 and subcontractors4 7f7 ,reports ,the agency administrator of each covered agency1 in consultation with the ,director of the ,office of the covered agency1 shall submit to the ,congress an annual report regarding the actions taken by the ,office and the respective covered agency pursuant to this section4 ,each such report shall include-- 7#a7 a statement of the total amounts paid by the covered agency to grantees and contractors1 and the total amounts paid by grantees and contractors to subgrantees and subcontractors1 during the #ab-month covered reporting period2 7#b7 the percentage of the amounts described in paragraph 7#a7 that were paid to minority-led or women-led grantees1 subgrantees1 contractors1 and subcontractors1 disaggregated by race1 ethnicity1 and gender2 7#c7 the successes achieved and challenges faced by the covered agency in operating minority and women outreach programs2 7#d7 the challenges the covered agency has experienced during the #ab-month covered reporting period in hiring qualified minority and women employees and awarding grants and contracting with qualified minority-led and women-led grantees1 subgrantees1 contractors1 and subcontractors2 and 7#e7 any other information1 findings1 conclusions1 and recommendations for legislative or agency action1 as the agency administrator determines appropriate4 7g7 ,diversity in covered agency workforce ,the agency administrator of each covered agency shall take affirmative steps to seek diversity in the workforce of the covered agency at all levels of the covered agency in a manner consistent with applicable law4 ,such steps shall include-- 7#a7 recruiting at historically ,black colleges and universities1 ,hispanic-serving institutions1 women's colleges1 and other colleges and universities at which a majority of the students are members of minority populations2 7#b7 sponsoring and recruiting at job fairs in high-poverty communities2 7#c7 placing employment advertisements in newspapers1 magazines1 and technologically appropriate mediums1 such as the internet or online job boards oriented toward minorities and women2 7#d7 partnering with organizations that are focused on developing opportunities for minorities and women to place talented young minorities and women in industry internships1 summer employment1 and full-time positions2 and 7#e7 any other mass media communications that the agency administrator of the covered agency determines necessary4 7h7 ,definitions ,for purposes of this section3 7#a7 ,agency administrator ,the term agency administrator means the head of an agency4 7#b7 ,covered agency ,the term covered agency-- 7,a7 means an agency or office of the ,department of ,health and ,human ,services with the authority to award grants or other financial assistance2 and 7,b7 includes-- 7i7 the ,office of the ,secretary2 7ii7 the ,administration for ,children and ,families2 7iii7 the ,agency for ,healthcare ,research and ,quality2 7iv7 the ,office of the ,assistant ,secretary for ,health2 7v7 the ,office of the ,assistant ,secretary for ,preparedness and ,response2 7vi7 the ,center for ,faith and ,opportunity ,initiatives2 7vii7 the ,centers for ,disease ,control and ,prevention2 7viii7 the ,centers for ,medicare ,medicaid ,services2 7ix7 the ,food and ,drug ,administration2 7x7 the ,health ,resources and ,services ,administration2 7xi7 the ,national ,institutes of ,health2 7xii7 the ,office of ,global ,affairs2 7xiii7 the ,office of the ,national ,coordinator for ,health ,information ,technology2 and 7xiv7 the ,substance ,abuse and ,mental ,health ,services ,administration4 7#c7 ,minority ,the term minority means any ,black ,american1 ,native ,american1 ,hispanic ,american1 or ,asian ,american4 7#d7 ,minority-led ,the term minority-led means-- 7,a7 more than #ej percent of the leadership1 control1 or ownership of which is held by one or more minority individuals2 7,b7 a significant percentage of senior management or leadership positions of which are held by minority individuals2 and 7,c7 in the case of a for-profit entity1 more than #ej percent of the net profit or loss of which accrues to one or more minority individuals4 7#e7 ,office ,the term ,office means the ,office of ,minority and ,women ,inclusion established by a covered agency pursuant to subsection 7a74 7#f7 ,women-led ,the term women-led means-- 7,a7 more than #ej percent of the ownership or control of which is held by one or more women2 7,b7 a significant percentage of senior management or leadership positions of which are held by one or more women2 and 7,c7 in the case of a for-profit entity1 more than #ej percent of the net profit or loss of which accrues to one or more women4 4