[Public Papers of the Presidents of the United States: George H. W. Bush (1992-1993, Book II)]
[October 27, 1992]
[Page 2031]
[From the U.S. Government Publishing Office www.gpo.gov]



[[Page 2031]]


Statement on Signing the Mammography Quality Standards Act of 1992
October 27, 1992

    Today I am signing into law H.R. 6182, the ``Mammography Quality 
Standards Act of 1992.'' This important legislation will help make 
mammography screening safer and more accurate.
    As National Breast Cancer Awareness Month draws to an end, we are 
reminded that one woman in eight will develop this devastating disease 
during her lifetime. Fighting breast cancer has been--and continues to 
be--one of my health care priorities.
    For women with breast cancer, early diagnosis is crucial to 
successful treatment. We all know that safe and accurate mammography 
screening, together with monthly self-examinations, are essential to 
making an early diagnosis. H.R. 6182 will enhance the quality of 
mammographies performed in the United States. It will require facilities 
that perform this procedure to meet a set of national standards. The 
legislation contains an important provision allowing States to have 
their own certification programs as long as their requirements are no 
less stringent than the national program.
    I wholeheartedly support the very important purpose of this 
legislation. I applaud Senator Orrin Hatch, who worked to improve the 
bill and to accommodate Administration concerns about the overly 
regulatory nature of the initial proposal. Today, I am directing the 
Secretary of Health and Human Services to ensure, to the maximum extent 
possible, that no professional group assumes a de facto monopoly on the 
provision of mammography services. In addition, the standards 
implementing the new program should create no unnecessary burdens on 
service providers or barriers to women's access to this vital service. 
This legislation requires studies on cost-effective regulation and 
related performance measurements of mammography services that my 
Administration will follow with interest and use in formulating future 
policy proposals.
    I especially applaud Marilyn Quayle, whose own mother died of breast 
cancer, for being a champion in the fight against this dreadful disease. 
My Administration is deeply committed to ensuring that every woman in 
this country has access to affordable, high-quality mammograms. This 
bill will complement those efforts.
    I must note, however, that certain provisions of this legislation 
must be interpreted so that they are consistent with the Appointments 
Clause of the Constitution. Specifically, I do not interpret the 
language of proposed 42 U.S.C. 351(g)(1), pertaining to inspections of 
facilities performing mammograms, to permit persons other than officers 
of the United States duly appointed pursuant to the Appointments Clause 
to exercise significant Government authority. Similarly, I do not view 
the language of proposed 42 U.S.C. 351(g), pertaining to State 
enforcement programs, as giving State officers the authority to enforce 
Federal law. Instead, I view it as giving the Secretary of Health and 
Human Services the authority to exempt States from the regime of Federal 
regulation if he determines that a parallel system of State regulation 
provides a satisfactory alternative to Federal regulation.
    I also do not interpret the language of proposed 42 U.S.C. 351(j), 
giving the Secretary of Health and Human Services the right to bring 
suit in Court, to impair the authority of the Attorney General to 
conduct all litigation on behalf of the United States, its agencies, and 
its officers.

                                                             George Bush

The White House,
October 27, 1992.

                    Note: H.R. 6182, approved October 27, was assigned 
                        Public Law No. 102-539.