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Union Calendar No. 425 

108TH CONGRESS 

2D SESSION H. R. 4555 

[Report No. 108–694] 

To amend the Public Health Service Act to revise and extend provisions 

relating to mammography quality standards. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2004 

Mr. DINGELL introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

SEPTEMBER 22, 2004 

Additional sponsors: Mr. FILNER and Mrs. CAPPS

SEPTEMBER 22, 2004 

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] 

A BILL 

To amend the Public Health Service Act to revise and extend 

provisions relating to mammography quality standards. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Mammography Quality 

3 Standards Reauthorization Act of 2004’’. 

4 SEC. 2. TEMPORARY RENEWAL AND LIMITED PROVISIONAL 

5 CERTIFICATE. 

6 Section 354 of the Public Health Service Act (42 

7 U.S.C. 263b) is amended— 

8 (1) in subsection (b)(1)— 

9 (A) in subparagraph (A)— 

10 (i) in the matter preceding clause (i), 

11 by inserting ‘‘or a temporary renewal cer12 tificate’’ after ‘‘certificate’’; and 

13 (ii) in clause (i), by striking ‘‘sub14 section (c)(1)’’ and inserting ‘‘paragraphs 

15 (1) or (2) of subsection (c)’’; 

16 (B) in subparagraph (B)— 

17 (i) in the matter preceding clause (i), 

18 by inserting ‘‘or a limited provisional cer19 tificate’’ after ‘‘certificate’’; and 

20 (ii) in clause (i), by striking ‘‘sub21 section (c)(2)’’ and inserting ‘‘paragraphs 

22 (3) and (4) of subsection (c)’’; and 

23 (C) in the flush matter at the end, by 

24 striking ‘‘provisional certificate’’ and inserting 

25 ‘‘temporary renewal certificate, provisional cer-
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1 tificate, or a limited provisional certificate’’; 

2 and 

3 (2) in subsection (c)— 

4 (A) by redesignating paragraph (2) as 

5 paragraph (4); and 

6 (B) by inserting after paragraph (1) the 

7 following: 

8 ‘‘(2) TEMPORARY RENEWAL CERTIFICATE.— 

9 The Secretary may issue a temporary renewal cer10 tificate, for a period of not to exceed 45 days, to a 

11 facility seeking reaccreditation if the accreditation 

12 body has issued an accreditation extension, for a pe13 riod of not to exceed 45 days, for any of the fol14 lowing: 

15 ‘‘(A) The facility has submitted the re16 quired materials to the accreditation body with17 in the established time frames for the submis18 sion of such materials but the accreditation 

19 body is unable to complete the reaccreditation 

20 process before the certification expires. 

21 ‘‘(B) The facility has acquired additional 

22 or replacement equipment, or has had signifi23 cant personnel changes or other unforeseen sit24 uations that have caused the facility to be un25 able to meet reaccreditation timeframes, but in 
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1 the opinion of the accreditation body have not 

2 compromised the quality of mammography. 

3 ‘‘(3) LIMITED PROVISIONAL CERTIFICATE.— 

4 The Secretary may, upon the request of an accredi5 tation body, issue a limited provisional certificate to 

6 an entity to enable the entity to conduct examina7 tions for educational purposes while an onsite visit 

8 from an accreditation body is in progress. Such cer9 tificate shall be valid only during the time the site 

10 visit team from the accreditation body is physically 

11 in the facility, and in no case shall be valid for 

12 longer than 72 hours. The issuance of a certificate 

13 under this paragraph, shall not preclude the entity 

14 from qualifying for a provisional certificate under 

15 paragraph (4).’’. 

16 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

17 Subparagraphs (A) and (B) of section 354(r)(2) of 

18 the Public Health Service Act (42 U.S.C. 263b(r)(2)(A) 

19 and (B)) are amended by striking ‘‘2002’’ each place it 

20 appears and inserting ‘‘2007’’. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Mammography Quality 

23 Standards Reauthorization Act of 2004’’. 
5 

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1 SEC. 2. TEMPORARY RENEWAL AND LIMITED PROVISIONAL 

2 CERTIFICATE. 

3 Section 354 of the Public Health Service Act (42 

4 U.S.C. 263b) is amended— 

5 (1) in subsection (b)(1)— 

6 (A) in subparagraph (A)— 

7 (i) in the matter preceding clause (i), 

8 by inserting ‘‘or a temporary renewal cer9 tificate’’ after ‘‘certificate’’; and 

10 (ii) in clause (i), by striking ‘‘sub11 section (c)(1)’’ and inserting ‘‘paragraphs 

12 (1) or (2) of subsection (c)’’; 

13 (B) in subparagraph (B)— 

14 (i) in the matter preceding clause (i), 

15 by inserting ‘‘or a limited provisional cer16 tificate’’ after ‘‘certificate’’; and 

17 (ii) in clause (i), by striking ‘‘sub18 section (c)(2)’’ and inserting ‘‘paragraphs 

19 (3) and (4) of subsection (c)’’; and 

20 (C) in the flush matter at the end, by strik21 ing ‘‘provisional certificate’’ and inserting ‘‘tem22 porary renewal certificate, provisional certifi23 cate, or a limited provisional certificate’’; and 

24 (2) in subsection (c)— 

25 (A) by redesignating paragraph (2) as 

26 paragraph (4); and 
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1 (B) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) TEMPORARY RENEWAL CERTIFICATE.—The 

4 Secretary may issue a temporary renewal certificate, 

5 for a period of not to exceed 45 days, to a facility 

6 seeking reaccreditation if the accreditation body has 

7 issued an accreditation extension, for a period of not 

8 to exceed 45 days, for any of the following: 

9 ‘‘(A) The facility has submitted the required 

10 materials to the accreditation body within the es11 tablished time frames for the submission of such 

12 materials but the accreditation body is unable to 

13 complete the reaccreditation process before the 

14 certification expires. 

15 ‘‘(B) The facility has acquired additional or 

16 replacement equipment, or has had significant 

17 personnel changes or other unforeseen situations 

18 that have caused the facility to be unable to meet 

19 reaccreditation timeframes, but in the opinion of 

20 the accreditation body have not compromised the 

21 quality of mammography. 

22 ‘‘(3) LIMITED PROVISIONAL CERTIFICATE.—The 

23 Secretary may, upon the request of an accreditation 

24 body, issue a limited provisional certificate to an en25 tity to enable the entity to conduct examinations for 
7 

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1 educational purposes while an onsite visit from an 

2 accreditation body is in progress. Such certificate 

3 shall be valid only during the time the site visit team 

4 from the accreditation body is physically in the facil5 ity, and in no case shall be valid for longer than 72 

6 hours. The issuance of a certificate under this para7 graph, shall not preclude the entity from qualifying 

8 for a provisional certificate under paragraph (4).’’. 

9 SEC. 3. NATIONAL ADVISORY COMMITTEE. 

10 Section 354(n) of the Public Health Service Act (42 

11 U.S.C. 263b(n)) is amended— 

12 (1) in paragraph (2), by striking subparagraph 

13 (C) and all that follows and inserting the following: 

14 ‘‘(C) other health professionals, 

15 whose clinical practice, research specialization, or 

16 professional expertise include a significant focus on 

17 mammography. The Secretary shall appoint at least 

18 4 individuals from among national breast cancer or 

19 consumer health organizations with expertise in 

20 mammography, at least 2 industry representatives 

21 with expertise in mammography equipment, and at 

22 least 2 practicing physicians who provide mammog23 raphy services.’’; and 

24 (2) in paragraph (4), by striking ‘‘biannually’’ 

25 and inserting ‘‘annually’’. 
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1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

2 Subparagraphs (A) and (B) of section 354(r)(2) of the 

3 Public Health Service Act (42 U.S.C. 263b(r)(2)(A) and 

4 (B)) are amended by striking ‘‘2002’’ each place it appears 

5 and inserting ‘‘2007’’. 

Union Calendar No. 425 

108TH CONGRESS 

2D SESSION H. R. 4555 

[Report No. 108–694] 

A BILL 

To amend the Public Health Service Act to revise 

quality standards. and extend provisions relating to mammography 

SEPTEMBER 22, 2004 

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