§ 300m. 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
300k of this title 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
300k
(a) of this title, including making available screening procedures for both breast and cervical cancers;
(2)
subject to subsection (b) of this section, to ensure that—
(b)
Use of improved screening procedures
The Secretary may not make a grant under section
300k of this title unless the State involved agrees that, if any screening procedure superior to a procedure described in subsection (a)(2) of this section becomes commonly available and is recommended for use, any entity providing screening procedures pursuant to the grant will utilize the superior procedure rather than the procedure described in such subsection.
(c)
Quality assurance regarding screening procedures
The Secretary may not make a grant under section
300k of this title 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.
(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
300k
(a) of this title;
(B)
the application of such requirement would result in a barrier to the enrollment of qualifying women;
(C)
the State involved—
(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
300k
(a) of this title 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—
(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
300k
(a) of this title, including making available screening procedures for both breast and cervical cancers; and
(2)
Duration of waiver
(A)
In general
In granting waivers under paragraph (1), the Secretary—
(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
300k
(a) of this title;
(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
300k
(a) of this title;
(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
300k
(a) of this title; 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
300k
(a) of this title for the period for which the waiver was granted at a level that is not less than—
(3)
Reporting requirements
The Secretary shall include as part of the evaluations and reports required under section
300n–4 of this title, the following:
(A)
A description of the total amount of dollars leveraged annually from Non-Federal [1] 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—
(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:
(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.
[1] So in original. Probably should be “non-Federal”.