Page:United States Statutes at Large Volume 106 Part 4.djvu/824

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106 STAT. 3560 PUBLIC LAW 102-539—OCT. 27, 1992 "(3) STANDARDS AND PROCEDURES. —The Secretary shall establish standards and procedures for the operation of the breast cancer screening surveillance system, including procedures to maintain confidentiality of patient records. " (4) INFORMATION.— The Secretary shall recruit facilities to provide to the breast cancer screening surveillance system relevant data that could help in the research of the causes, characteristics, and prevalence of, and potential treatments for, breast cancer and benign breast conditions, if the information may be disclosed under section 552 of title 5, United States Code, "(q) STATE PROGRAM. — "(1) IN GENERAL. — The Secretary may, upon application, authorize a State— "(A) to carry out, subject to paragraph (2), the certification program requirements under subsections (b), (c), (d), (g)(l), (n), (i), and (j) (including the requirements under regulations promulgated pursuant to such subsections), and "(B) to implement the standards established by the Secretary under subsection (f), with respect to mammography facilities operating within the State. "(2) APPROVAL.— The Secretary may approve an application under paragraph (1) if the Secretary determmes that— "(A) the State has enacted laws and issued regulations relating to mammography facilities which are the requirements of this section (including the requirements under regulations promulgated pursuant to such subsections), and "(B) the State has provided satisfactory assurances that the State— "(i) has the legal authority and qualified personnel necessary to enforce the requirements of and the regulations promulgated pursuant to this section (including the requirements under regulations promulgated pursuant to such subsections), "(ii) will devote adequate funds to the administration and enforcement of such requirements, and

    • (iii) will provide the Secretary with such information and reports as the Secretary may require.

"(3) AUTHORITY OF SECRETARY. — In a State with an approved application— "(A) the Secretary shall carry out the Secretary's functions under subsections (e) and (f); "(B) the Secretary may take action under subsections (h), (i), and (j); and "(C) the Secretary shall conduct oversight fiuictions under subsections (g)(2) and (g)(3). "(4) WITHDRAWAL OF APPROVAL.— "(A) IN GENERAL. — The Secretary may, after providing notice and opportunity for corrective action, withdraw the approval of a State's authority under paragraph (1) if the Secretary determines that the State does not meet the Regulations. requirements of such paragraph. The Secretary shall promulgate regulations for the implementation of this subparagraph. "(B) EFFECT OF WITHDRAWAL.— If the Secretary withdraws the approval of a State under subparagraph (A),