[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5472 Introduced in House (IH)]








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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Breast and Cervical Cancer 
Early Detection Program Reauthorization Act of 2006''.

SEC. 2. WAIVERS RELATING TO GRANTS FOR PREVENTIVE HEALTH MEASURES WITH 
              RESPECT TO BREAST AND CERVICAL CANCERS.

    (a) In General.--Section 1503 of the Public Health Service Act (42 
U.S.C. 300m) is amended by adding at the end the following:
    ``(d) Waiver of Services Requirement on Division of Funds.--
            ``(1) In general.--The Secretary may waive the requirements 
        of paragraphs (1) and (4) of subsection (a) if the Secretary 
        finds that--
                    ``(A)(i) the State involved will use the waiver to 
                leverage private funds to supplement each of the 
                services or activities described in paragraphs (1) and 
                (2) of section 1501(a); or
                    ``(ii) the application of such requirements would 
                result in a barrier to the participation of qualifying 
                women in the services or activities described in 
                paragraphs (1) and (2) of section 1501(a);
                    ``(B) granting such a waiver to the State will not 
                reduce the number of women in the State who receive any 
                of the services or activities described in paragraphs 
                (1) and (2) of section 1501(a), including screening 
                procedures for both breast and cervical cancers; and
                    ``(C) granting such a waiver to the State will not 
                adversely affect the quality of any of the services or 
                activities described in paragraphs (1) and (2) of 
                section 1501(a).
            ``(2) Duration of waiver.--
                    ``(A) In general.--In granting waivers under 
                paragraph (1), the Secretary--
                            ``(i) shall grant such waivers for a period 
                        of 2 years; and
                            ``(ii) upon request of a State, may extend 
                        a waiver for additional 2-year periods in 
                        accordance with subparagraph (B).
                    ``(B) Additional periods.--The Secretary, upon the 
                request of a State that has received a waiver under 
                paragraph (1), shall, at the end of each 2-year waiver 
                period described in subparagraph (A), review 
                performance under the waiver and may extend the waiver 
                for an additional 2-year period if the Secretary finds 
                that--
                            ``(i)(I) the State involved will use the 
                        waiver to leverage private funds to supplement 
                        each of the services or activities described in 
                        paragraphs (1) and (2) of section 1501(a); or
                            ``(II) without an extension of the waiver, 
                        the application of the requirements of 
                        paragraphs (1) and (4) of subsection (a) will 
                        result in a barrier to the participation of 
                        qualifying women in the services or activities 
                        described in paragraphs (1) and (2) of section 
                        1501(a);
                            ``(ii) the waiver has not reduced, and 
                        granting the waiver extension will not reduce, 
                        the number of women in the State who receive 
                        any of the services or activities described in 
                        paragraphs (1) and (2) of section 1501(a); and
                            ``(iii) the waiver has not adversely 
                        affected, and granting the waiver extension 
                        will not adversely affect, the quality in the 
                        State of any of the services or activities 
                        described in paragraphs (1) and (2) of section 
                        1501(a).
            ``(3) Reporting requirements.--The Secretary shall include 
        as part of the evaluations and reports required under section 
        1508, the following:
                    ``(A) A description of the total amount of dollars 
                leveraged annually from private entities in States 
                receiving a waiver under this subsection and how these 
                amounts were used.
                    ``(B) With respect to States receiving a waiver 
                under this subsection, a description of the percentage 
                of the grant that is expended on providing each of the 
                services or activities described in paragraphs (1) and 
                (2) and paragraphs (3) through (6) of section 1501(a).
                    ``(C) A description of the number of States 
                receiving waivers under this subsection annually.
                    ``(D) With respect to States receiving a waiver 
                under this subsection, a description of the number of 
                women receiving services under paragraphs (1), (2), and 
                (3) of section 1501(a) in programs before and after the 
                granting of such waiver.''.
    (b) Authorization of Appropriations.--Section 1510(a) of the Public 
Health Service Act (42 U.S.C. 300n-5(a)) is amended--
            (1) by striking ``and'' after ``$150,000,000 for fiscal 
        year 1994,''; and
            (2) by inserting ``, $250,000,000 for fiscal year 2007, and 
        such sums as may be necessary for each of fiscal years 2008 
        through 2012'' before the period at the end.
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