I 

109TH CONGRESS 

2D SESSION H. R. 5472 

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 

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’’. 


CCOLEMAN on PROD1PC71 with BILLS
2 

•HR 5472 IH

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 the Secretary finds that— 

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 requirements 

17 would result in a barrier to the participation of 

18 qualifying women in the services or activities 

19 described 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 activi24 ties described in paragraphs (1) and (2) of sec25 tion 1501(a), including screening procedures for 

26 both breast and cervical cancers; and 


CCOLEMAN on PROD1PC71 with BILLS
3 

•HR 5472 IH

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

2 will not adversely affect the quality of any of 

3 the services or activities described in para4 graphs (1) and (2) of section 1501(a). 

5 ‘‘(2) DURATION OF WAIVER.— 

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

7 under paragraph (1), the Secretary— 

8 ‘‘(i) shall grant such waivers for a pe9 riod of 2 years; and 

10 ‘‘(ii) upon request of a State, may ex11 tend a waiver for additional 2-year periods 

12 in accordance with subparagraph (B). 

13 ‘‘(B) ADDITIONAL PERIODS.—The Sec14 retary, upon the request of a State that has re15 ceived a waiver under paragraph (1), shall, at 

16 the end of each 2-year waiver period described 

17 in subparagraph (A), review performance under 

18 the waiver and may extend the waiver for an 

19 additional 2-year period if the Secretary finds 

20 that— 

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

22 waiver to leverage private funds to supple23 ment each of the services or activities de24 scribed in paragraphs (1) and (2) of sec25 tion 1501(a); or 


CCOLEMAN on PROD1PC71 with BILLS
4 

•HR 5472 IH

1 ‘‘(II) without an extension of the 

2 waiver, the application of the requirements 

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

4 will result in a barrier to the participation 

5 of qualifying women in the services or ac6 tivities described in paragraphs (1) and (2) 

7 of section 1501(a); 

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

9 granting the waiver extension will not re10 duce, the number of women in the State 

11 who receive any of the services or activities 

12 described in paragraphs (1) and (2) of sec13 tion 1501(a); and 

14 ‘‘(iii) the waiver has not adversely af15 fected, and granting the waiver extension 

16 will not adversely affect, the quality in the 

17 State of any of the services or activities de18 scribed in paragraphs (1) and (2) of sec19 tion 1501(a). 

20 ‘‘(3) REPORTING REQUIREMENTS.—The Sec21 retary shall include as part of the evaluations and 

22 reports required under section 1508, the following: 

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

24 dollars leveraged annually from private entities 


CCOLEMAN on PROD1PC71 with BILLS
5 

•HR 5472 IH

1 in States receiving a waiver under this sub2 section and how these amounts were used. 

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

4 waiver under this subsection, a description of 

5 the percentage of the grant that is expended on 

6 providing each of the services or activities de7 scribed in paragraphs (1) and (2) and para8 graphs (3) through (6) of section 1501(a). 

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

10 receiving waivers under this subsection annu11 ally. 

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

13 waiver under this subsection, a description of 

14 the number of women receiving services under 

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

16 in programs before and after the granting of 

17 such waiver.’’. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 1510(a) of the Public Health Service Act (42 U.S.C. 

20 300n–5(a)) is amended— 

21 (1) by striking ‘‘and’’ after ‘‘$150,000,000 for 

22 fiscal year 1994,’’; and 

23 (2) by inserting ‘‘, $250,000,000 for fiscal year 

24 2007, and such sums as may be necessary for each 


CCOLEMAN on PROD1PC71 with BILLS
6 

•HR 5472 IH

1 of fiscal years 2008 through 2012’’ before the period 

2 at the end. 

Æ 


CCOLEMAN on PROD1PC71 with BILLS