[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1687 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1687

 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 SENATE OF THE UNITED STATES

                           September 12, 2005

Ms. Mikulski (for herself and Mrs. Hutchison) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 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 2005''.

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--
                    ``(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 requirement would 
                result in a barrier to the enrollment of qualifying 
                women;
                    ``(B) the Secretary finds that granting such a 
                waiver to a State will not reduce the number of women 
                in the State that receive each of the services or 
                activities described in paragraphs (1) and (2) of 
                section 1501(a), including making available screening 
                procedures for both breast and cervical cancers; and
                    ``(C) the Secretary finds that granting such a 
                waiver to a State will not adversely affect the quality 
                of each 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 
                determines that--
                            ``(i)(I) without an extension of the 
                        waiver, there will be a barrier to the 
                        enrollment of qualifying women; or
                            ``(II) the State requesting such extended 
                        waiver 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);
                            ``(ii) the waiver has not, and will not, 
                        reduce the number of women in the State that 
                        receive each of the services or activities 
                        described in paragraphs (1) and (2) of section 
                        1501(a); and
                            ``(iii) the waiver has not, and will not, 
                        result in lower quality in the State of each 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 paragraph (1) and how these 
                amounts were used.
                    ``(B) With respect to States receiving a waiver 
                under paragraph (1), 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 paragraph (1) annually.
                    ``(D) With respect to States receiving a waiver 
                under paragraph (1), 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 by striking 
``$50,000,000'' and all that follows through the period and inserting 
``$250,000,000 for fiscal year 2006, and such sums as may be necessary 
for each of fiscal years 2007 through 2011.''.
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