110th CONGRESS
1st Session
H. R. 1624
To amend the Public Health Service Act to establish a program of
grants for the detection and control of colorectal cancer.
IN THE HOUSE OF REPRESENTATIVES
March 21, 2007
Mr. KENNEDY (for himself, Mr. MCNULTY, Mr. GRIJALVA, Mr. BOREN, and Ms.
SCHAKOWSKY) introduced the following bill; which was referred to the Committee
on Energy and Commerce
A BILL
To amend the Public Health Service Act to establish a program of
grants for the detection and control of colorectal cancer.
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 `Colorectal Cancer Mortality Prevention Act
of 2007'.
SEC. 2. ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES FOR DETECTION AND
CONTROL OF COLORECTAL CANCER.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by inserting
after title XXIX the following new title:
`TITLE XXX--PREVENTIVE HEALTH MEASURES WITH RESPECT TO COLORECTAL CANCERS
`SEC. 3001. ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES.
`(a) In General- The Secretary, acting through the Director of the Centers
for Disease Control and Prevention, may make grants to States on the basis
of an established competitive review process for the purpose of carrying
out programs--
`(1) to screen for colorectal cancer as a preventive health measure;
`(2) to provide appropriate referrals for medical treatment of individuals
screened pursuant to paragraph (1) and to ensure, to the extent practicable,
the provision of appropriate follow-up services;
`(3) to develop and disseminate public information and education programs
for the detection and control of colorectal cancer;
`(4) to improve the education, training, and skills of health professionals
(including allied health professionals) in the detection and control of
colorectal cancer;
`(5) to establish mechanisms through which the States can monitor the
quality of screening procedures for colorectal cancer, including the interpretation
of such procedures; and
`(6) to evaluate activities conducted under paragraphs (1) through (5)
through appropriate surveillance or program-monitoring activities.
`(b) Grant and Contract Authority of States- A State receiving a grant under
subsection (a) may expend the grant to carry out the purpose described in
such subsection through grants to, and contracts with, public or nonprofit
private entities.
`SEC. 3002. REQUIREMENT OF MATCHING FUNDS.
`(a) In General- The Secretary may not make a grant under section 3001 unless
the State involved agrees, with respect to the costs to be incurred by the
State in carrying out the purpose described in such section, to make available
non-Federal contributions (in cash or in kind under subsection (b)) toward
such costs in an amount that is not less than $1 for each $3 of Federal
funds provided in the grant. Such contributions may be made directly or
through donations from public or private entities.
`(b) Determination of Amount of Non-Federal Contribution-
`(1) IN GENERAL- Non-Federal contributions required in subsection (a)
may be in cash or in kind, fairly evaluated, including equipment or services
(and excluding indirect or overhead costs). Amounts provided by the Federal
Government, or services assisted or subsidized to any significant extent
by the Federal Government, may not be included in determining the amount
of such non-Federal contributions.
`(2) MAINTENANCE OF EFFORT- In making a determination of the amount of
non-Federal contributions for purposes of subsection (a), the Secretary
may include only non-Federal contributions in excess of the average amount
of non-Federal contributions made by the State involved toward the purpose
described in section 3001 for the 2-year period preceding the first fiscal
year for which the State is applying to receive a grant under such section.
`(3) INCLUSION OF RELEVANT NON-FEDERAL CONTRIBUTIONS FOR MEDICAID- In
making a determination of the amount of non-Federal contributions for
purposes of subsection (a), the Secretary shall, subject to paragraphs
(1) and (2) of this subsection, include any non-Federal amounts expended
pursuant to title XIX of the Social Security Act by the State involved
toward the purpose described in paragraphs (1) and (2) of section 3001(a).
`SEC. 3003. REQUIREMENTS WITH RESPECT TO TYPE AND QUALITY OF SERVICES.
`(a) Requirement of Provision of All Services by Date Certain- The Secretary
may not make a grant under section 3001 unless the State involved agrees--
`(1) to ensure that, initially and throughout the period during which
amounts are received pursuant to the grant, not less than 60 percent of
the grant is expended to provide each of the services or activities described
in paragraphs (1) and (2) of section 3001(a), including making available
screening procedures for colorectal cancer;
`(2) to ensure that, by the end of any second fiscal year of payments
pursuant to the grant, each of the services or activities described in
section 3001(a) is provided; and
`(3) to ensure that not more than 40 percent of the grant is expended
to provide the services or activities described in paragraphs (3) through
(6) of such section.
`(b) Quality Assurance Regarding Screening for Colorectal Cancer- The Secretary
may not make a grant under section 3001 unless the State involved--
`(1) assures the quality of any screening procedure for colorectal cancer
conducted pursuant to such section; and
`(2) assures that, with respect to the first colorectal cancer screening
performed on an individual for which payment is made pursuant to section
3001(a), there are satisfactory assurances that the results of the screening
will be placed in permanent medical records maintained with respect to
the individual.
`(c) Issuance by Secretary of Guidelines With Respect to Quality of Colorectal
Services-
`(1) IN GENERAL- The Secretary shall issue guidelines for assuring the
quality of any colorectal screening procedure conducted pursuant to section
3001(a).
`(2) APPLICABILITY WITH RESPECT TO GRANTS- The Secretary may not make
a grant under section 3001 unless the State involved agrees that the State
will, with respect to any colorectal screening procedure conducted pursuant
to such section, ensure that the procedure is conducted in accordance
with the guidelines issued by the Secretary under paragraph (1).
`SEC. 3004. ADDITIONAL REQUIRED AGREEMENTS.
`(a) Priority for Low-Income Individuals- The Secretary may not make a grant
under section 3001 unless the State involved agrees that low-income individuals
will be given priority in the provision of services and activities pursuant
to paragraphs (1) and (2) of section 3001(a).
`(b) Limitation on Imposition of Fees for Services- The Secretary may not
make a grant under section 3001 unless the State involved agrees that, if
a charge is imposed for the provision of services or activities under the
grant, such charge--
`(1) will be made according to a schedule of charges that is made available
to the public;
`(2) will be adjusted to reflect the income of the individuals involved;
and
`(3) will not be imposed on any individual with an income of less than
100 percent of the official poverty line, as established by the Director
of the Office of Management and Budget and revised by the Secretary in
accordance with section 673(2) of the Omnibus Budget Reconciliation Act
of 1981.
`(c) Statewide Provision of Services-
`(1) IN GENERAL- The Secretary may not make a grant under section 3001
unless the State involved agrees that services and activities under the
grant will be made available throughout the State, including availability
to members of any Indian tribe or tribal organization (as such terms are
defined in section 4 of the Indian Self-Determination and Education Assistance
Act).
`(2) WAIVER- The Secretary may waive the requirement established in paragraph
(1) for a State if the Secretary determines that compliance by the State
with the requirement would result in an inefficient allocation of resources
with respect to carrying out the purpose described in section 3001(a).
`(d) Relationship to Items and Services Under Other Programs- The Secretary
may not make a grant under section 3001 unless the State involved agrees
that the grant will not be expended to make payment for any item or service
to the extent that payment has been made, or can reasonably be expected
to be made, with respect to such item or service--
`(1) under any State compensation program, under an insurance policy,
or under any Federal or State health benefits program; or
`(2) by an entity that provides health services on a prepaid basis.
`(e) Coordination With Other Colorectal Cancer Programs- The Secretary may
not make a grant under section 3001 unless the State involved agrees that
the services and activities funded through the grant will be coordinated
with other Federal, State, and local colorectal cancer programs.
`(f) Limitation on Administrative Expenses- The Secretary may not make a
grant under section 3001 unless the State involved agrees that not more
than 10 percent of the grant will be expended for administrative expenses
with respect to the grant.
`(g) Restrictions on Use of Grant- The Secretary may not make a grant under
section 3001 unless the State involved agrees that the grant will not be
expended to provide inpatient hospital services (as that term is defined
by the Secretary for purposes of this subsection).
`(h) Records and Audits- The Secretary may not make a grant under section
3001 unless the State involved agrees that--
`(1) the State will establish such fiscal control and fund accounting
procedures as may be necessary to ensure the proper disbursement of, and
accounting for, amounts received by the State under such section; and
`(2) upon request, the State will provide records maintained pursuant
to paragraph (1) to the Secretary or the Comptroller General of the United
States for purposes of auditing the expenditures by the State of the grant.
`(i) Reports to Secretary- The Secretary may not make a grant under section
3001 unless the State involved agrees to submit to the Secretary such reports
as the Secretary may require with respect to the grant.
`SEC. 3005. DESCRIPTION OF INTENDED USES OF GRANT.
`The Secretary may not make a grant under section 3001 unless--
`(1) the State involved submits to the Secretary a description of the
purposes for which the State intends to expend the grant;
`(2) the description identifies the populations, areas, and localities
in the State with a need for the services or activities described in section
3001(a);
`(3) the description provides information relating to the services and
activities to be provided, including a description of the manner in which
the services and activities will be coordinated with any similar services
or activities of public or nonprofit entities; and
`(4) the description provides assurances that the grant funds be used
in the most cost-effective manner.
`SEC. 3006. REQUIREMENT OF SUBMISSION OF APPLICATION.
`The Secretary may not make a grant under section 3001 unless an application
for the grant is submitted to the Secretary, the application contains the
description of intended uses required in section 3005, and the application
is in such form, is made in such manner, and contains such agreements, assurances,
and information as the Secretary determines to be necessary to carry out
this title.
`SEC. 3007. TECHNICAL ASSISTANCE AND PROVISION OF SUPPLIES AND SERVICES
IN LIEU OF GRANT FUNDS.
`(a) Technical Assistance- The Secretary may provide training and technical
assistance with respect to the planning, development, and operation of any
program or service carried out pursuant to section 3001. The Secretary may
provide such technical assistance directly or through grants to, or contracts
with, public and private entities.
`(b) Provision of Supplies and Services in Lieu of Grant Funds-
`(1) IN GENERAL- Upon the request of a State receiving a grant under section
3001, the Secretary may, subject to paragraph (2), provide supplies, equipment,
and services for the purpose of aiding the State in carrying out such
section and, for such purpose, may detail to the State any officer or
employee of the Department of Health and Human Services.
`(2) CORRESPONDING REDUCTION IN PAYMENTS- With respect to a request described
in paragraph (1), the Secretary shall reduce the amount of payments under
the grant under section 3001 to the State involved by an amount equal
to the costs of detailing personnel (including pay, allowances, and travel
expenses) and the fair market value of any supplies, equipment, or services
provided by the Secretary. The Secretary shall, for the payment of expenses
incurred in complying with such request, expend the amounts withheld.
`SEC. 3008. EVALUATIONS AND REPORTS.
`(a) Evaluations- The Secretary shall, directly or through contracts with
public or private entities, provide for annual evaluations of programs carried
out pursuant to section 3001.
`(b) Report to Congress- The Secretary shall, not later than 1 year after
the date on which amounts are first appropriated pursuant to 2909(a) to
carry out this title, and annually thereafter, submit to the appropriate
congressional committees a report summarizing evaluations carried out pursuant
to subsection (a) during the preceding fiscal year and making such recommendations
for administrative and legislative initiatives with respect to this title
as the Secretary determines to be appropriate.
`SEC. 3009. FUNDING.
`(a) Authorization of Appropriations- For the purpose of carrying out this
title, there is authorized to be appropriated $25,000,000 for each of the
fiscal years 2008 through 2011.
`(b) Set-Aside for Technical Assistance and Provision of Supplies and Services-
Of the amounts appropriated under subsection (a) for a fiscal year, the
Secretary shall reserve not more than 10 percent for carrying out section
3007.'.
END
