I
105TH CONGRESS
1ST SESSION
H. R. 1289
To amend title III of the Public Health Service Act to revise and extend
the mammography quality standards program.
IN THE HOUSE OF REPRESENTATIVES
APRIL 10, 1997
Mrs. JOHNSON of Connecticut (for herself, Ms. NORTON, Ms. SLAUGHTER,
Ms. CHRISTIAN-GREEN, Mrs. KELLY, Mrs. MORELLA, Mrs. MALONEY of
New York, Mrs. CLAYTON, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs.
ROUKEMA, Ms. WATERS, Ms. ROS-LEHTINEN, Ms. DEGETTE, Ms.
STABENOW, Ms. KILPATRICK, Ms. MOLINARI, Mr. DINGELL, Mrs. KEN-
NELLY of Connecticut, and Ms. JACKSON-LEE of Texas) introduced the
following bill; which was referred to the Committee on Commerce
A BILL
To amend title III of the Public Health Service Act to
revise and extend the mammography quality standards
program.
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 ‘‘Mammography Quality
Standards Reauthorization Act’’.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Subparagraphs (A) and (B) of
section 354(r)(2) of the Public Health Service Act (42
U.S.C. 263b(r)(2)(A) and (B)) are each amended by strik-
ing ‘‘1997’’ and inserting ‘‘2002’’.
(b) TECHNICAL AMENDMENT.—Section 354(r)(2)(A)
of 
the 
Public 
Health 
Service 
Act 
(42 
U.S.C.
263b(r)(2)(A)) is amended by striking ‘‘subsection (q)’’
and inserting ‘‘subsection (p)’’.
SEC. 3. APPLICATION OF CURRENT VERSION OF APPEAL
REGULATIONS.
Section 354(d)(2)(B) of the Public Health Service
Act (42 U.S.C. 263b(d)(2)(B)) is amended by striking
‘‘and in effect on the date of enactment of this section’’.
SEC. 4. CLARIFICATION OF FACILITIES’ RESPONSIBILITY
TO RETAIN MAMMOGRAM RECORDS.
Section 354(f)(1)(G) of the Public Health Service Act
(42 U.S.C. 263b(f)(1)(G)) is amended by striking clause
(i) and inserting the following:
‘‘(i) a facility that performs any mam-
mogram—
‘‘(I) except as provided in sub-
clause (II), maintain the mammogram
in the permanent medical records of
the patient for a period of not less
than 5 years, or not less than 10
years if no additional mammograms of
such patient are performed at the fa-
cility, or longer if mandated by State
law; and
‘‘(II) upon the request of or on
behalf of the patient, forward the
mammogram to a medical institution
or a physician of the patient; and’’.
SEC. 5. SCOPE OF INSPECTIONS.
Section 354(g)(1)(A) of the Public Health Service
Act (42 U.S.C. 263b(g)(1)(A)) is amended in the first sen-
tence—
(1) by striking ‘‘certified’’; and
(2) by inserting ‘‘the certification requirements
under subsection (b) and’’ after ‘‘compliance with’’.
SEC. 6. CLARIFICATION OF AUTHORITY TO DELEGATE IN-
SPECTION RESPONSIBILITY TO LOCAL GOV-
ERNMENT AGENCIES.
Section 354 of the Public Health Service Act (42
U.S.C. 263b) is amended—
(1) in subsections (a)(4), (g)(1), (g)(3), and
(g)(4), by inserting ‘‘or local’’ after ‘‘State’’ each
place it appears;
(2) in the heading of subsection (g)(3), by in-
serting ‘‘OR LOCAL’’ after ‘‘STATE’’; and
(3) in subsection (i)(1)(D)—
(A) by inserting ‘‘or local’’ after ‘‘State’’
the first place it appears; and
(B) by inserting ‘‘or local agency’’ after
‘‘State’’ the second place it appears.
SEC. 7. PATIENT NOTIFICATION CONCERNING HEALTH
RISKS.
(a) REQUIREMENT.—Section 354(h) of the Public
Health Service Act (42 U.S.C. 263b(h)) is amended—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(2) by inserting after paragraph (1) the follow-
ing:
‘‘(2) PATIENT INFORMATION.—If the Secretary
determines that the quality of mammography per-
formed by a facility (whether or not certified pursu-
ant to subsection (c)) was so inconsistent with the
quality standards established pursuant to subsection
(f) as to present a significant risk to individual or
public health, the Secretary may require such facility
to notify patients who received mammograms at
such facility, and their referring physicians, of the
deficiencies presenting such risk, the potential harm
resulting, appropriate remedial measures, and such
other relevant information as the Secretary may re-
quire.’’.
(b) CIVIL MONEY PENALTY.—Section 354(h)(3) of
the Public Health Service Act (42 U.S.C. 263b(h)(3)), as
so redesignated, is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by redesignating subparagraph (C) as sub-
paragraph (D); and
(3) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) each failure to notify a patient of risk
as required by the Secretary pursuant to para-
graph (2), and’’.
SEC. 8. REQUIREMENT TO COMPLY WITH INFORMATION
REQUESTS.
Section 354(i)(1)(C) of the Public Health Service Act
(42 U.S.C. 263b(i)(1)(C)) is amended—
(1) by inserting after ‘‘Secretary’’, the first
place it appears ‘‘(or of an accreditation body ap-
proved pursuant to subsection (e))’’; and
(2) by inserting after ‘‘Secretary’’, the second
place it appears ‘‘(or such accreditation body or cer-
tifying entity)’’.
SEC. 9. ADJUSTMENT TO SEVERITY OF SANCTIONS.
Section 354(i)(2)(A) of the Public Health Service Act
(42 U.S.C. 263b(i)(2)(A)) is amended by striking ‘‘makes
the finding’’ and all that follows and inserting the follow-
ing: ‘‘has reason to believe that the circumstance of the
case will support one or more of the findings described
in paragraph (1) and that—
‘‘(i) the failure or violation was inten-
tional, or
‘‘(ii) the failure or violation presents a
serious risk to human health.’’.
SEC. 10. TECHNICAL AMENDMENT.
Section 354(q)(4)(B) of the Public Health Service
Act (42 U.S.C. 263b(q)(4)(B)) is amended by striking
‘‘accredited’’ and inserting ‘‘certified’’.
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