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Union Calendar No. 424 

109TH CONGRESS 

2D SESSION H. R. 5472 

[Report No. 109–705] 

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 HOUSE OF REPRESENTATIVES 

MAY 24, 2006 

Mrs. MYRICK (for herself, Ms. BALDWIN, Mr. NORWOOD, Mr. MURPHY, Mrs. 

CAPPS, Ms. ESHOO, Mr. WAXMAN, and Mr. DINGELL) introduced the following bill; which was referred to the Committee on Energy and Commerce 

SEPTEMBER 29, 2006 

Additional sponsors: Mr. REYES, Mr. UPTON, Ms. SOLIS, Ms. WOOLSEY, Mrs. 

BLACKBURN, Mr. KILDEE, Mrs. CHRISTENSEN, Mr. LEACH, Ms. KILPATRICK of Michigan, Mrs. JO ANN DAVIS of Virginia, Mr. DELAHUNT, 

Mr. VAN HOLLEN, Ms. JACKSON-LEE of Texas, Mrs. LOWEY, Ms. MATSUI, Ms. GINNY BROWN-WAITE of Florida, Mr. MCDERMOTT, Mr. 

CAPUANO, Ms. DELAURO, Mr. CONYERS, Mr. HINCHEY, Mr. GRIJALVA, 

Ms. BERKLEY, Mr. MCINTYRE, Mr. PORTER, Mr. NEAL of Massachusetts, Ms. WASSERMAN SCHULTZ, Mr. FARR, Mr. BROWN of Ohio, Mr. 

TERRY, Mr. KENNEDY of Rhode Island, Mr. GENE GREEN of Texas, Mr. 

GARY G. MILLER of California, Mr. BURTON of Indiana, Mr. MCCOTTER, 

Ms. HARMAN, Mr. HIGGINS, Mr. MILLER of North Carolina, Mr. COSTA, 

Mr. DOGGETT, Mr. BUYER, Mr. MORAN of Virginia, Mr. ALLEN, Mr. 

SANDERS, Mr. HASTINGS of Florida, Mr. CLEAVER, Ms. HOOLEY, Mr. 

HONDA, Ms. MCCOLLUM of Minnesota, Mr. BERMAN, Ms. SCHAKOWSKY, 

Mr. HINOJOSA, Mr. NADLER, Mr. CARDIN, Mr. RANGEL, Mr. WALSH, 

Ms. SCHWARTZ of Pennsylvania, Mr. SCOTT of Georgia, Mr. KING of 

New York, Mr. KIRK, Mr. GONZALEZ, Mr. EMANUEL, Mr. STARK, Mrs. 

WILSON of New Mexico, Mr. FRANK of Massachusetts, Mr. ISSA, Mr. 

LARSON of Connecticut, Mr. FOLEY, Mrs. BIGGERT, Mr. LEVIN, Mr. 

SHAYS, Mr. GILLMOR, Mr. UDALL of New Mexico, Mr. LIPINSKI, Mr. 

CUMMINGS, Mr. HALL, Ms. LINDA T. SA ́NCHEZ of California, Mr. HOBVerDate Aug 31 2005 02:02 Sep 30, 2006 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H5472.RH H5472

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SON, Mr. OLVER, Mr. MOORE of Kansas, Mr. MCGOVERN, Mr. SIMMONS, 

Ms. PRYCE of Ohio, Mr. RAMSTAD, Mr. BOSWELL, Mrs. DAVIS of California, Mr. MEEHAN, Mrs. MALONEY, Mr. BOEHLERT, Mr. LATHAM, Mr. 

RYAN of Wisconsin, Mr. COSTELLO, Mr. FITZPATRICK of Pennsylvania, 

Ms. MOORE of Wisconsin, Ms. KAPTUR, Mrs. MCCARTHY, Ms. 

VELA ́ZQUEZ, Ms. MILLENDER-MCDONALD, Mr. SCHIFF, Mr. LOBIONDO, 

Ms. HERSETH, Mr. WELDON of Pennsylvania, Mr. ORTIZ, Mr. MATHESON, Mr. PETERSON of Minnesota, Ms. HARRIS, Mrs. CAPITO, Mr. PICKERING, Mr. PALLONE, Mrs. NAPOLITANO, Mr. SAXTON, Mr. BURGESS, 

Mr. CAMP of Michigan, Mr. CALVERT, Ms. DEGETTE, Mr. WHITFIELD, 

Mr. BASS, and Mrs. BONO

SEPTEMBER 29, 2006 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 24, 2006] 

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 2006’’. 

7 SEC. 2. NATIONAL BREAST AND CERVICAL CANCER EARLY 

8 DETECTION PROGRAM. 

9 Title XV of the Public Health Service Act (42 U.S.C. 

10 300k et seq.) is amended— 

11 (1) in section 1501(d)— 


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1 (A) in the heading, by striking ‘‘2000’’ and 

2 inserting ‘‘2020’’; and 

3 (B) by striking ‘‘by the year 2000’’ and in4 serting ‘‘by the year 2020’’; 

5 (2) in section 1503, by adding at the end the fol6 lowing: 

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 the Secretary finds that— 

12 ‘‘(A)(i) the State involved will use the waiv13 er to leverage private funds to supplement each 

14 of the services or activities described in para15 graphs (1) and (2) of section 1501(a); or 

16 ‘‘(ii) the application of such requirements 

17 would result in a barrier to the participation of 

18 qualifying women in the services or activities de19 scribed in paragraphs (1) and (2) of section 

20 1501(a); 

21 ‘‘(B) granting such a waiver to the State 

22 will not reduce the number of women in the 

23 State who receive any of the services or activities 

24 described in paragraphs (1) and (2) of section 


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1 1501(a), including screening procedures for both 

2 breast and cervical cancers; and 

3 ‘‘(C) granting such a waiver to the State 

4 will not adversely affect the quality of any of the 

5 services or activities described in paragraphs (1) 

6 and (2) of section 1501(a). 

7 ‘‘(2) DURATION OF WAIVER.— 

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

9 under paragraph (1), the Secretary— 

10 ‘‘(i) shall grant such waivers for a pe11 riod of 2 years; and 

12 ‘‘(ii) upon request of a State, may ex13 tend a waiver for additional 2-year periods 

14 in accordance with subparagraph (B). 

15 ‘‘(B) ADDITIONAL PERIODS.—The Sec16 retary, upon the request of a State that has re17 ceived a waiver under paragraph (1), shall, at 

18 the end of each 2-year waiver period described in 

19 subparagraph (A), review performance under the 

20 waiver and may extend the waiver for an addi21 tional 2-year period if the Secretary finds that— 

22 ‘‘(i)(I) the State involved will use the 

23 waiver to leverage private funds to supple24 ment each of the services or activities deVerDate Aug 31 2005 02:02 Sep 30, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H5472.RH H5472

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1 scribed in paragraphs (1) and (2) of section 

2 1501(a); or 

3 ‘‘(II) without an extension of the waiv4 er, the application of the requirements of 

5 paragraphs (1) and (4) of subsection (a) 

6 would result in a barrier to the participa7 tion of qualifying women in the services or 

8 activities described in paragraphs (1) and 

9 (2) of section 1501(a); 

10 ‘‘(ii) the waiver has not reduced, and 

11 granting the waiver extension will not re12 duce, the number of women in the State 

13 who receive any of the services or activities 

14 described in paragraphs (1) and (2) of sec15 tion 1501(a); and 

16 ‘‘(iii) the waiver has not adversely af17 fected, and granting the waiver extension 

18 will not adversely affect, the quality in the 

19 State of any of the services or activities de20 scribed in paragraphs (1) and (2) of section 

21 1501(a). 

22 ‘‘(3) REPORTING REQUIREMENTS.—The Sec23 retary shall include as part of the evaluations and re24 ports required under section 1508, the following: 


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

2 dollars leveraged annually from private entities 

3 in States receiving a waiver under this sub4 section and how these amounts were used. 

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

6 waiver under this subsection, a description of— 

7 ‘‘(i) the percentage of the grant that is 

8 expended on services or activities described 

9 in paragraphs (1) and (2) of section 

10 1501(a); and 

11 ‘‘(ii) the percentage of the grant that is 

12 expended on services or activities described 

13 in paragraphs (3) through (6) of section 

14 1501(a). 

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

16 receiving waivers under this subsection annually. 

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

18 waiver under this subsection, a description of the 

19 number of women receiving services under para20 graphs (1), (2), and (3) of section 1501(a) in 

21 programs before and after the granting of such 

22 waiver.’’; 

23 (3) in section 1504(a), by striking ‘‘pursuant to 

24 paragraphs (1) and (2) of section 1501(a)’’ and inVerDate Aug 31 2005 02:02 Sep 30, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H5472.RH H5472

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1 serting ‘‘pursuant to paragraphs (1), (2), and (3) of 

2 section 1501(a)’’; and 

3 (4) in section 1510(a)— 

4 (A) by striking ‘‘and’’ after ‘‘$150,000,000 

5 for fiscal year 1994,’’; and 

6 (B) by inserting ‘‘, and $250,000,000 for 

7 each of fiscal years 2007 through 2011’’ before 

8 the period at the end. 


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Union Calendar No. 424 

109TH CONGRESS 

2D SESSION H. R. 5472 

[Report No. 109

–705] 

A BILL 

To amend the Public Health Service Act to provide 

cers. measures with respect to breast and cervical canwaivers relating to grants for preventive health 

SEPTEMBER 29, 2006 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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