II 

109TH CONGRESS 

1ST SESSION S. 1687 

To amend the Public Health Service Act to provide waivers relating to 

grants for preventive health measures with respect to breast and cervical 

cancers. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2005 

Ms. MIKULSKI (for herself and Mrs. HUTCHISON) introduced the following 

bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL

To amend the Public Health Service Act to provide waivers 

relating to grants for preventive health measures with 

respect to breast and cervical cancers.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Breast and 

5 Cervical Cancer Early Detection Program Reauthorization 

6 Act of 2005’’. 
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1 SEC. 2. WAIVERS RELATING TO GRANTS FOR PREVENTIVE 

2 HEALTH MEASURES WITH RESPECT TO 

3 BREAST AND CERVICAL CANCERS. 

4 (a) IN GENERAL.—Section 1503 of the Public Health 

5 Service Act (42 U.S.C. 300m) is amended by adding at 

6 the end the following: 

7 ‘‘(d) WAIVER OF SERVICES REQUIREMENT ON DIVI8 SION OF FUNDS.— 

9 ‘‘(1) IN GENERAL.—The Secretary may waive 

10 the requirements of paragraphs (1) and (4) of sub11 section (a) if— 

12 ‘‘(A)(i) the State involved will use the 

13 waiver to leverage private funds to supplement 

14 each of the services or activities described in 

15 paragraphs (1) and (2) of section 1501(a); or 

16 ‘‘(ii) the application of such requirement 

17 would result in a barrier to the enrollment of 

18 qualifying women; 

19 ‘‘(B) the Secretary finds that granting 

20 such a waiver to a State will not reduce the 

21 number of women in the State that receive each 

22 of the services or activities described in para23 graphs (1) and (2) of section 1501(a), including 

24 making available screening procedures for both 

25 breast and cervical cancers; and 
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1 ‘‘(C) the Secretary finds that granting 

2 such a waiver to a State will not adversely af3 fect the quality of each of the services or activi4 ties described in paragraphs (1) and (2) of sec5 tion 1501(a). 

6 ‘‘(2) DURATION OF WAIVER.— 

7 ‘‘(A) IN GENERAL.—In granting waivers 

8 under paragraph (1), the Secretary— 

9 ‘‘(i) shall grant such waivers for a pe10 riod of 2 years; and 

11 ‘‘(ii) upon request of a State, may ex12 tend a waiver for additional 2-year periods 

13 in accordance with subparagraph (B). 

14 ‘‘(B) ADDITIONAL PERIODS.—The Sec15 retary, upon the request of a State that has re16 ceived a waiver under paragraph (1), shall, at 

17 the end of each 2-year waiver period described 

18 in subparagraph (A), review performance under 

19 the waiver and may extend the waiver for an 

20 additional 2-year period if the Secretary deter21 mines that— 

22 ‘‘(i)(I) without an extension of the 

23 waiver, there will be a barrier to the enroll24 ment of qualifying women; or 
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1 ‘‘(II) the State requesting such ex2 tended waiver will use the waiver to lever3 age private funds to supplement each of 

4 the services or activities described in para5 graphs (1) and (2) of section 1501(a); 

6 ‘‘(ii) the waiver has not, and will not, 

7 reduce the number of women in the State 

8 that receive each of the services or activi9 ties described in paragraphs (1) and (2) of 

10 section 1501(a); and 

11 ‘‘(iii) the waiver has not, and will not, 

12 result in lower quality in the State of each 

13 of the services or activities described in 

14 paragraphs (1) and (2) of section 1501(a). 

15 ‘‘(3) REPORTING REQUIREMENTS.—The Sec16 retary shall include as part of the evaluations and 

17 reports required under section 1508, the following: 

18 ‘‘(A) A description of the total amount of 

19 dollars leveraged annually from private entities 

20 in States receiving a waiver under paragraph 

21 (1) and how these amounts were used. 

22 ‘‘(B) With respect to States receiving a 

23 waiver under paragraph (1), a description of 

24 the percentage of the grant that is expended on 

25 providing each of the services or activities de-
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1 scribed in paragraphs (1) and (2) and para2 graphs (3) through (6) of section 1501(a). 

3 ‘‘(C) A description of the number of States 

4 receiving waivers under paragraph (1) annually. 

5 ‘‘(D) With respect to States receiving a 

6 waiver under paragraph (1), a description of 

7 the number of women receiving services under 

8 paragraphs (1), (2), and (3) of section 1501(a) 

9 in programs before and after the granting of 

10 such waiver.’’. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 1510(a) of the Public Health Service Act (42 U.S.C. 

13 300n-5(a)) is amended by striking ‘‘$50,000,000’’ and all 

14 that follows through the period and inserting 

15 ‘‘$250,000,000 for fiscal year 2006, and such sums as 

16 may be necessary for each of fiscal years 2007 through 

17 2011.’’.

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