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) intro-
duced 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 meas-
ures with respect to breast and cervical cancer.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Breast and Cervical
Cancer Amendments of 1993’’.
SEC. 2. REVISIONS IN PROGRAM OF STATE GRANTS RE-
GARDING BREAST AND CERVICAL CANCER.
(a) LIMITED AUTHORITY REGARDING FOR-PROFIT
ENTITIES.—
(1) IN GENERAL.—Section 1501(b) of the Pub-
lic Health Service Act (42 U.S.C. 300k(b)) is
amended—
(A) by striking ‘‘STATES.—A State’’ and
all that follows through ‘‘may expend’’ and in-
serting the following: ‘‘STATES.—
‘‘(1) IN GENERAL.—A State receiving a grant
under subsection (a) may, subject to paragraph (2),
expend’’; and
(B) by adding at the end the following
paragraph:
‘‘(2) LIMITED AUTHORITY REGARDING OTHER
ENTITIES.—In addition to the authority established
in paragraph (1) for a State with respect to grants
and contracts, the State may provide for screenings
under subsection (a)(1) through entering into con-
tracts with private entities. The amount paid by a
State to a private entity under the preceding sen-
tence for a screening procedure may not exceed the
amount that would be paid under part B of title
XVIII of the Social Security Act if payment were
made under such part for furnishing the procedure
to a woman enrolled under such part.’’.
(2) 
CONFORMING
AMENDMENT.—Section
1505(3) of the Public Health Service Act (42 U.S.C.
300n–1(3)) is amended by inserting before the semi-
colon the following: ‘‘(and additionally, in the case of
services and activities under section 1501(a)(1), with
any similar services or activities of private entities)’’.
(b) QUALITY ASSURANCE REGARDING SCREENING
PROCEDURES.—
(1) IN GENERAL.—Section 1503 of the Public
Health Service Act (42 U.S.C. 300m) is amended by
striking subsections (c) through (e) and inserting
the following:
‘‘(c) QUALITY ASSURANCE REGARDING SCREENING
PROCEDURES.—The Secretary may not make a grant
under section 1501 unless the State involved agrees that
the State will, in accordance with applicable law, assure
the quality of screening procedures conducted pursuant to
such section.’’.
(2) 
TRANSITION
RULE
REGARDING
MAMMOGRAPHIES.—With respect to the screening
procedure for breast cancer known as a mammog-
raphy, the requirements in effect on the day before
the date of the enactment of this Act under section
1503(c) of the Public Health Service Act remain in
effect (for an individual or facility conducting such
procedures pursuant to a grant to a State under sec-
tion 1501 of such Act) until there is in effect for the
facility a certificate (or provisional certificate) issued
under section 354 of such Act.
(c) STATEWIDE PROVISION OF SERVICES.—Section
1504(c) of the Public Health Service Act (42 U.S.C.
300n(c)) is amended by adding at the end the following
paragraph:
‘‘(3) GRANTS TO TRIBES AND TRIBAL ORGANI-
ZATIONS.—
‘‘(A) The Secretary, acting through the Di-
rector of the Centers for Disease Control and
Prevention, may make grants to tribes and trib-
al organizations (as such terms are used in
paragraph (1)) for the purpose of carrying out
programs described in section 1501(a). This
title (other than section 1501(c)) applies to
such a grant (in relation to the jurisdiction of
the tribe or organization) to the same extent
and in the same manner as such title applies to
grants to States under section 1501 (in relation
to the jurisdiction of the States).
‘‘(B) If a tribe or tribal organization is re-
ceiving a grant under subparagraph (A) and the
State in which the tribe or organization is lo-
cated is receiving a grant under section 1501,
the requirement established in paragraph (1)
for the State regarding the tribe or organiza-
tion is deemed to have been waived under para-
graph (2).’’.
(d) EVALUATIONS AND REPORTS.—Section 1508 of
the Public Health Service Act (42 U.S.C. 300n–4) is
amended—
(1) in subsection (a), by adding at the end the
following sentence: ‘‘Such evaluations shall include
evaluations of the extent to which States carrying
out such programs are in compliance with section
1501(a)(2) and with section 1504(c).’’; and
(2) in subsection (b), by inserting before the pe-
riod that following: ‘‘, including recommendations re-
garding compliance by the States with section
1501(a)(2) and with section 1504(c)’’.
(e) ESTABLISHMENT
OF COORDINATING COMMIT-
TEE.—Section 1501 of the Public Health Service Act (42
U.S.C. 300k) is amended by adding at the end the follow-
ing subsection:
‘‘(c) COORDINATING COMMITTEE REGARDING YEAR
2000 HEALTH
OBJECTIVES.—The Secretary, acting
through the Director of the Centers for Disease Control
and Prevention, shall establish a committee to coordinate
the activities of the agencies of the Public Health Service
(and other appropriate Federal agencies) that are carried
out toward achieving the objectives established by the Sec-
retary for reductions in the incidence of breast and cer-
vical cancer in the United States by the year 2000. Such
committee shall be comprised of Federal officers or em-
ployees designated by the heads of the agencies involved
to serve on the committee as representatives of the agen-
cies, and such representatives from other public or private
entities as the Secretary determines to be appropriate.’’.
(f) TECHNICAL CORRECTIONS.—Title XV of the Pub-
lic Health Service Act (42 U.S.C. 300k et seq.) is amend-
ed—
(1) in section 1501(a), in the matter preceding
paragraph (1), by striking ‘‘Control,’’ and inserting
‘‘Control and Prevention,’’; and
(2) in section 1505(4), by inserting ‘‘will’’ be-
fore ‘‘be used’’.
SEC. 3. FUNDING.
Section 1509(a) of the Public Health Service Act (42
U.S.C. 300n–5(a)) is amended—
(1) by striking ‘‘and’’ after ‘‘1991,’’; and
(2) by inserting before the period the following:
‘‘, $100,000,000 for fiscal year 1994, and such sums
as may be necessary for each of the fiscal years
1995 through 1998’’.
Æ