Pub. L. 103-183, tit. I, sec. 101
REVISIONS IN PROGRAM OF STATE GRANTS REGARDING BREAST AND CERVICAL CANCER.
SEC. 101. REVISIONS IN PROGRAM OF STATE GRANTS REGARDING BREAST AND CERVICAL CANCER. (a) Limited Authority Regarding For-Profit Entities.— Section 1501(b) of the Public Health Service Act (42 U.S.C. 300k(b)), as amended by section 2008(c)(1) of Public Law 103–43 (107 Stat. 211), is amended— (1) in paragraph (1), by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”; and (2) by striking paragraph (2) and inserting the following paragraphs: “(2) Limited authority regarding other entities.— In addition to the authority established in paragraph (1) for a State with respect to grants and contracts, the State may provide for screenings under subsection (a)(1) through entering into contracts with private entities that are not nonprofit entities. “(3) Payments for screenings.— The amount paid by a State to an entity under this subsection for a screening procedure under subsection (a)(1) may not exceed the amount that would be paid under part B of title XVIII of the Social Security Act if payment were made under such part for furnishing the procedure to a woman enrolled under such part.”. (b) Special Consideration.— Section 1501 of the Public Health Service Act (42 U.S.C. 300k) is amended by adding at the end the following subsection: “(c) Special Consideration for Certain States.— In making grants under subsection (a) to States whose initial grants under such subsection are made for fiscal year 1995 or any subsequent fiscal year, the Secretary shall give special consideration to any State whose proposal for carrying out programs under such subsection— “(1) has been approved through a process of peer review; and “(2) is made with respect to geographic areas in which there is— “(A) a substantial rate of mortality from breast or cervical cancer; or “(B) a substantial incidence of either of such cancers.”. (c) Quality Assurance Regarding Screening Procedures.— (1) In general.— Section 1503 of the Public Health Service Act (42 U.S.C. 300m) is amended by striking subsections (c) through (e) and inserting the following: “(c) Quality Assurance Regarding Screening Procedures.— The Secretary may not make a grant under section 1501 unless the State involved agrees that the State will, in accordance with applicable law, assure the quality of screening procedures conducted pursuant to such section. . 107 STAT. 2228 (2) Transition rule regarding mammographies.— With respect to the screening procedure for breast cancer known as a mammography, the requirements in effect on the day before the date of the enactment of this Act under section 1503(c) of the Public Health Service Act remain in effect (for an individual or facility conducting such procedures pursuant to a grant to a State under section 1501 of such Act) until there is in effect for the facility a certificate (or provisional certificate) issued under section 354 of such Act. (d) Statewide Provision of Services.— Section 1504(c) of the Public Health Service Act (42 U.S.C. 300n(c)) is amended by adding at the end the following paragraph: “(3) Grants to tribes and tribal organizations.— “(A) The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to tribes and tribal organizations (as such terms are used in paragraph (1)) for the purpose of carrying out programs described in section 1501(a). This title applies to such a grant (in relation to the jurisdiction of the tribe or organization) to the same extent and in the same manner as such title applies to a grant to a State under section 1501 (in relation to the jurisdiction of the State). “(B) If a tribe or tribal organization is receiving a grant under subparagraph (A) and the State in which the tribe or organization is located is receiving a grant under section 1501, the requirement established in paragraph (1) for the State regarding the tribe or organization is deemed to have been waived under paragraph (2).”. (e) Evaluations and Reports.— Section 1508 of the Public Health Service Act (42 U.S.C. 300n—4) is amended— (1) in subsection (a), by adding at the end the following sentence: “Such evaluations shall include evaluations of the extent to which States carrying out such programs are in compliance with section 1501(a)(2) and with section 1504(c).”; and (2) in subsection (b), by inserting before the period the following: “, including recommendations regarding compliance by the States with section 1501(a)(2) and with section 1504(c)”. (f) Establishment of Coordinating Committee.— Section 1501 of the Public Health Service Act (42 U.S.C. 300k) is amended by adding at the end the following subsection: “(c) Coordinating Committee Regarding Year 2000 Health Objectives.— The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a committee to coordinate the activities of the agencies of the Public Health Service (and other appropriate Federal agencies) that are carried out toward achieving the objectives established by the Secretary for reductions in the rate of mortality from breast and cervical cancer in the United States by the year 2000. Such committee shall be comprised of Federal officers or employees designated by the heads of the agencies involved to serve on the committee as representatives of me agencies, and such representatives from other public or private entities as the Secretary determines to be appropriate.”. (g) Technical Corrections.— Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.) is amended— 107 STAT. 2229 (1) in section 1501(a), in the matter preceding paragraph (1), by striking “Control,” and inserting “Control and Prevention,”; and (2) in section 1505— (A) in paragraph (3) (as amended by section 2008(c)(2) of Public Law 103–43 (107 Stat. 211)), by striking “public” and all that follows and inserting “public and nonprofit private entities; and”; and (B) in paragraph (4), by inserting “will” before “be used”.