I

103D CONGRESS

1ST SESSION H. R. 2202

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

of grants relating to preventive health measures with respect to breast

and cervical cancer.

IN THE HOUSE OF REPRESENTATIVES

MAY 20, 1993

Mr. WAXMAN (for himself, Mr. BLILEY, Mr. DINGELL, Mr. MOORHEAD, Mr.

HALL of Texas, Mr. ROWLAND, Mr. TOWNS, Mr. STUDDS, Mr.

KREIDLER, Mr. BILIRAKIS, Mr. MCMILLAN, and Mr. GREENWOOD) introduced the following bill; which was referred to the Committee on Energy

and Commerce

A BILL

To amend the Public Health Service Act to revise and extend

the program of grants relating to preventive health measures with respect to breast and cervical cancer.

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 ‘‘Breast and Cervical

5 Cancer Amendments of 1993’’.
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1 SEC. 2. REVISIONS IN PROGRAM OF STATE GRANTS RE2 GARDING BREAST AND CERVICAL CANCER.

3 (a) LIMITED AUTHORITY REGARDING FOR-PROFIT

4 ENTITIES.—

5 (1) IN GENERAL.—Section 1501(b) of the Pub6 lic Health Service Act (42 U.S.C. 300k(b)) is

7 amended—

8 (A) by striking ‘‘STATES.—A State’’ and

9 all that follows through ‘‘may expend’’ and in10 serting the following: ‘‘STATES.—

11 ‘‘(1) IN GENERAL.—A State receiving a grant

12 under subsection (a) may, subject to paragraph (2),

13 expend’’; and

14 (B) by adding at the end the following

15 paragraph:

16 ‘‘(2) LIMITED AUTHORITY REGARDING OTHER

17 ENTITIES.—In addition to the authority established

18 in paragraph (1) for a State with respect to grants

19 and contracts, the State may provide for screenings

20 under subsection (a)(1) through entering into con21 tracts with private entities. The amount paid by a

22 State to a private entity under the preceding sen23 tence for a screening procedure may not exceed the

24 amount that would be paid under part B of title

25 XVIII of the Social Security Act if payment were
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1 made under such part for furnishing the procedure

2 to a woman enrolled under such part.’’.

3 (2) CONFORMING AMENDMENT.—Section

4 1505(3) of the Public Health Service Act (42 U.S.C.

5 300n–1(3)) is amended by inserting before the semi6 colon the following: ‘‘(and additionally, in the case of

7 services and activities under section 1501(a)(1), with

8 any similar services or activities of private entities)’’.

9 (b) QUALITY ASSURANCE REGARDING SCREENING

10 PROCEDURES.—

11 (1) IN GENERAL.—Section 1503 of the Public

12 Health Service Act (42 U.S.C. 300m) is amended by

13 striking subsections (c) through (e) and inserting

14 the following:

15 ‘‘(c) QUALITY ASSURANCE REGARDING SCREENING

16 PROCEDURES.—The Secretary may not make a grant

17 under section 1501 unless the State involved agrees that

18 the State will, in accordance with applicable law, assure

19 the quality of screening procedures conducted pursuant to

20 such section.’’.

21 (2) TRANSITION RULE REGARDING

22 MAMMOGRAPHIES.—With respect to the screening

23 procedure for breast cancer known as a mammog24 raphy, the requirements in effect on the day before

25 the date of the enactment of this Act under section
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1 1503(c) of the Public Health Service Act remain in

2 effect (for an individual or facility conducting such

3 procedures pursuant to a grant to a State under sec4 tion 1501 of such Act) until there is in effect for the

5 facility a certificate (or provisional certificate) issued

6 under section 354 of such Act.

7 (c) STATEWIDE PROVISION OF SERVICES.—Section

8 1504(c) of the Public Health Service Act (42 U.S.C.

9 300n(c)) is amended by adding at the end the following

10 paragraph:

11 ‘‘(3) GRANTS TO TRIBES AND TRIBAL ORGANI12 ZATIONS.—

13 ‘‘(A) The Secretary, acting through the Di14 rector of the Centers for Disease Control and

15 Prevention, may make grants to tribes and trib16 al organizations (as such terms are used in

17 paragraph (1)) for the purpose of carrying out

18 programs described in section 1501(a). This

19 title (other than section 1501(c)) applies to

20 such a grant (in relation to the jurisdiction of

21 the tribe or organization) to the same extent

22 and in the same manner as such title applies to

23 grants to States under section 1501 (in relation

24 to the jurisdiction of the States).
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1 ‘‘(B) If a tribe or tribal organization is re2 ceiving a grant under subparagraph (A) and the

3 State in which the tribe or organization is lo4 cated is receiving a grant under section 1501,

5 the requirement established in paragraph (1)

6 for the State regarding the tribe or organiza7 tion is deemed to have been waived under para8 graph (2).’’.

9 (d) EVALUATIONS AND REPORTS.—Section 1508 of

10 the Public Health Service Act (42 U.S.C. 300n–4) is

11 amended—

12 (1) in subsection (a), by adding at the end the

13 following sentence: ‘‘Such evaluations shall include

14 evaluations of the extent to which States carrying

15 out such programs are in compliance with section

16 1501(a)(2) and with section 1504(c).’’; and

17 (2) in subsection (b), by inserting before the pe18 riod that following: ‘‘, including recommendations re19 garding compliance by the States with section

20 1501(a)(2) and with section 1504(c)’’.

21 (e) ESTABLISHMENT OF COORDINATING COMMIT22 TEE.—Section 1501 of the Public Health Service Act (42

23 U.S.C. 300k) is amended by adding at the end the follow24 ing subsection:
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1 ‘‘(c) COORDINATING COMMITTEE REGARDING YEAR

2 2000 HEALTH OBJECTIVES.—The Secretary, acting

3 through the Director of the Centers for Disease Control

4 and Prevention, shall establish a committee to coordinate

5 the activities of the agencies of the Public Health Service

6 (and other appropriate Federal agencies) that are carried

7 out toward achieving the objectives established by the Sec8 retary for reductions in the incidence of breast and cer9 vical cancer in the United States by the year 2000. Such

10 committee shall be comprised of Federal officers or em11 ployees designated by the heads of the agencies involved

12 to serve on the committee as representatives of the agen13 cies, and such representatives from other public or private

14 entities as the Secretary determines to be appropriate.’’.

15 (f) TECHNICAL CORRECTIONS.—Title XV of the Pub16 lic Health Service Act (42 U.S.C. 300k et seq.) is amend17 ed—

18 (1) in section 1501(a), in the matter preceding

19 paragraph (1), by striking ‘‘Control,’’ and inserting

20 ‘‘Control and Prevention,’’; and

21 (2) in section 1505(4), by inserting ‘‘will’’ be22 fore ‘‘be used’’.

23 SEC. 3. FUNDING.

24 Section 1509(a) of the Public Health Service Act (42

25 U.S.C. 300n–5(a)) is amended—
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1 (1) by striking ‘‘and’’ after ‘‘1991,’’; and

2 (2) by inserting before the period the following:

3 ‘‘, $100,000,000 for fiscal year 1994, and such sums

4 as may be necessary for each of the fiscal years

5 1995 through 1998’’.

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