[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1132 Enrolled Bill (ENR)]
H.R.1132
One Hundred Tenth Congress
of the
United States of America
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
An Act
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 2007''.
SEC. 2. NATIONAL BREAST AND CERVICAL CANCER EARLY DETECTION PROGRAM.
Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.)
is amended--
(1) in section 1501(d)--
(A) in the heading, by striking ``2000'' and inserting
``2020''; and
(B) by striking ``by the year 2000'' and inserting ``by the
year 2020'';
(2) in section 1503, by adding at the end the following:
``(d) Waiver of Services Requirement on Division of Funds.--
``(1) In general.--The Secretary shall establish a
demonstration project under which the Secretary may waive the
requirements of paragraphs (1) and (4) of subsection (a) for not
more than 5 States, if--
``(A) the State involved will use the waiver to leverage
non-Federal funds to supplement each of the services or
activities described in paragraphs (1) and (2) of section
1501(a);
``(B) the application of such requirement would result in a
barrier to the enrollment of qualifying women;
``(C) the State involved--
``(i) demonstrates, to the satisfaction of the
Secretary, the manner in which the State will use such
waiver to expand the level of screening and follow-up
services provided immediately prior to the date on which
the waiver is granted; and
``(ii) provides assurances, satisfactory to the
Secretary, that the State will, on an annual basis,
demonstrate, through such documentation as the Secretary
may require, that the State has used such waiver as
described in clause (i);
``(D) the State involved submits to the Secretary--
``(i) assurances, satisfactory to the Secretary, that
the State will maintain the average annual level of State
fiscal year expenditures for the services and activities
described in paragraphs (1) and (2) of section 1501(a) for
the period for which the waiver is granted, and for the
period for which any extension of such wavier is granted,
at a level that is not less than--
``(I) the level of the State fiscal year
expenditures for such services and activities for the
fiscal year preceding the first fiscal year for which
the waiver is granted; or
``(II) at the option of the State and upon approval
by the Secretary, the average level of the State
expenditures for such services and activities for the
3-fiscal year period preceding the first fiscal year
for which the waiver is granted; and
``(ii) a plan, satisfactory to the Secretary, for
maintaining the level of activities carried out under the
waiver after the expiration of the waiver and any extension
of such waiver;
``(E) the Secretary finds that granting such a waiver to a
State will increase 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
``(F) 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 that is not
less than 1 year but not more than 2 years; and
``(ii) upon request of a State, may extend a waiver for
an additional period that is not less than 1 year but not
more than 2 years in accordance with subparagraph (B).
``(B) Additional period.--The Secretary, upon the request
of a State that has received a waiver under paragraph (1),
shall, at the end of the waiver period described in
subparagraph (A)(i), review performance under the waiver and
may extend the waiver for an additional period if the Secretary
determines that--
``(i) without an extension of the waiver, there will be
a barrier to the enrollment of qualifying women;
``(ii) the State requesting such extended waiver will
use the waiver to leverage non-Federal funds to supplement
the services or activities described in paragraphs (1) and
(2) of section 1501(a);
``(iii) the waiver has increased, and will continue to
increase, the number of women in the State that receive the
services or activities described in paragraphs (1) and (2)
of section 1501(a);
``(iv) the waiver has not, and will not, result in
lower quality in the State of the services or activities
described in paragraphs (1) and (2) of section 1501(a); and
``(v) the State has maintained the average annual level
of State fiscal expenditures for the services and
activities described in paragraphs (1) and (2) of section
1501(a) for the period for which the waiver was granted at
a level that is not less than--
``(I) the level of the State fiscal year
expenditures for such services and activities for the
fiscal year preceding the first fiscal year for which
the waiver is granted; or
``(II) at the option of the State and upon approval
by the Secretary, the average level of the State
expenditures for such services and activities for the
3-fiscal year period preceding the first fiscal year
for which the waiver is granted.
``(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 Non-Federal 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--
``(i) paragraphs (1) and (2) of section 1501(a); and
``(ii) 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--
``(i) 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; and
``(ii) the average annual level of State fiscal
expenditures for the services and activities described in
paragraphs (1) and (2) of section 1501(a) for the year
preceding the first year for which the waiver was granted.
``(4) Limitation.--Amounts to which a waiver applies under this
subsection shall not be used to increase the number of salaried
employees.
``(5) Definitions.--In this subsection:
``(A) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603).
``(B) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian
Health Care Improvement Act.
``(C) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, the Commonwealth
of the Northern Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, the Republic of
Palau, an Indian tribe, and a tribal organization.
``(6) Sunset.--The Secretary may not grant a waiver or
extension under this subsection after September 30, 2012.'';
(3) in section 1508--
(A) in subsection (a), by striking ``evaluations of the
extent to which'' and all that follows through the period and
inserting: ``evaluations of--
``(1) the extent to which States carrying out such programs are
in compliance with section 1501(a)(2) and with section 1504(c); and
``(2) the extent to which each State receiving a grant under
this title is in compliance with section 1502, including
identification of--
``(A) the amount of the non-Federal contributions by the
State for the preceding fiscal year, disaggregated according to
the source of the contributions; and
``(B) the proportion of such amount of non-Federal
contributions relative to the amount of Federal funds provided
through the grant to the State for the preceding fiscal
year.''; and
(B) in subsection (b), by striking ``not later than 1 year
after the date on which amounts are first appropriated pursuant
to section 1509(a), and annually thereafter'' and inserting
``not later than 1 year after the date of the enactment of the
National Breast and Cervical Cancer Early Detection Program
Reauthorization of 2007, and annually thereafter''; and
(4) in section 1510(a)--
(A) by striking ``and'' after ``$150,000,000 for fiscal
year 1994,''; and
(B) by inserting ``, $225,000,000 for fiscal year 2008,
$245,000,000 for fiscal year 2009, $250,000,000 for fiscal year
2010, $255,000,000 for fiscal year 2011, and $275,000,000 for
fiscal year 2012'' before the period at the end.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.