II 109th CONGRESS 1st Session S. 1687 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.

1.

Short title

This Act may be cited as the National Breast and Cervical Cancer Early Detection Program Reauthorization Act of 2005.

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..