
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-505 Section 602(a)]
[CITE: 42USC247b-5]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
                    Part B--Federal-State Cooperation
 
Sec. 247b-5. Preventive health measures with respect to prostate 
        cancer
        

(a) In general

    The Secretary, acting through the Director of the Centers for 
Disease Control and Prevention, may make grants to States and local 
health departments for the purpose of enabling such States and 
departments to carry out programs--
        (1) to screen men for prostate cancer as a preventive health 
    measure;
        (2) to provide appropriate referrals for medical treatment of 
    men 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 prostate cancer;
        (4) to improve the education, training, and skills of health 
    professionals (including appropriate allied health professionals) in 
    the detection and control of prostate cancer;
        (5) to establish mechanisms through which the States and such 
    departments can monitor the quality of screening procedures for 
    prostate 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) Requirement of matching funds

                           (1) In general

        The Secretary may not make a grant under subsection (a) of this 
    section unless the applicant involved agrees, with respect to the 
    costs to be incurred by the applicant in carrying out the purpose 
    described in such section, to make available non-Federal 
    contributions (in cash or in kind under paragraph (2)) toward such 
    costs in an amount equal to 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.

       (2) Determination of amount of non-Federal contribution

        (A) Non-Federal contributions required in paragraph (1) 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.
        (B) In making a determination of the amount of non-Federal 
    contributions for purposes of paragraph (1), the Secretary may 
    include only non-Federal contributions in excess of the average 
    amount of non-Federal contributions made by the applicant involved 
    toward the purpose described in subsection (a) of this section for 
    the 2-year period preceding the fiscal year for which the applicant 
    involved is applying to receive a grant under such subsection.
        (C) In making a determination of the amount of non-Federal 
    contributions for purposes of paragraph (1), the Secretary shall, 
    subject to subparagraphs (A) and (B) of this paragraph, include any 
    non-Federal amounts expended pursuant to title XIX of the Social 
    Security Act [42 U.S.C. 1396 et seq.] by the applicant involved 
    toward the purpose described in paragraphs (1) and (2) of subsection 
    (a) of this section.

(c) Education on significance of early detection

    The Secretary may not make a grant under subsection (a) of this 
section unless the applicant involved agrees that, in carrying out 
subsection (a)(3) of this section, the applicant will carry out 
education programs to communicate to men, and to local health officials, 
the significance of the early detection of prostate cancer.

(d) Requirement of provision of all services by date certain

    The Secretary may not make a grant under subsection (a) of this 
section unless the applicant 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 such subsection;
        (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 such subsection 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.\1\
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    \1\ So in original. Probably should be ``subsection.''
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(e) Additional required agreements

                   (1) Priority for low-income men

        The Secretary may not make a grant under subsection (a) of this 
    section unless the applicant involved agrees that low-income men, 
    and men at risk of prostate cancer, will be given priority in the 
    provision of services and activities pursuant to paragraphs (1) and 
    (2) of such subsection.

          (2) Limitation on imposition of fees for services

        The Secretary may not make a grant under subsection (a) of this 
    section unless the applicant involved agrees that, if a charge is 
    imposed for the provision of services or activities under the grant, 
    such charge--
            (A) will be made according to a schedule of charges that is 
        made available to the public;
            (B) will be adjusted to reflect the income of the man 
        involved; and
            (C) will not be imposed on any man 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 9902(2) of this 
        title.

     (3) Relationship to items and services under other programs

        The Secretary may not make a grant under subsection (a) of this 
    section unless the applicant 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--
            (A) under any State compensation program, under an insurance 
        policy, or under any Federal or State health benefits program; 
        or
            (B) by an entity that provides health services on a prepaid 
        basis.

        (4) Coordination with other prostate cancer programs

        The Secretary may not make a grant under subsection (a) of this 
    section unless the applicant involved agrees that the services and 
    activities funded through the grant will be coordinated with other 
    Federal, State, and local prostate cancer programs.

              (5) Limitation on administrative expenses

        The Secretary may not make a grant under subsection (a) of this 
    section unless the applicant involved agrees that not more than 10 
    percent of the grant will be expended for administrative expenses 
    with respect to the grant.

                  (6) Restrictions on use of grant

        The Secretary may not make a grant under subsection (a) of this 
    section unless the applicant involved agrees that the grant will not 
    be expended to provide inpatient hospital services for any 
    individual.

                       (7) Records and audits

        The Secretary may not make a grant under subsection (a) of this 
    section unless the applicant involved agrees that--
            (A) the applicant will establish such fiscal control and 
        fund accounting procedures as may be necessary to ensure the 
        proper disbursal of, and accounting for, amounts received by the 
        applicant under such section; \2\ and
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            (B) upon request, the applicant will provide records 
        maintained pursuant to paragraph (1) to the Secretary or the 
        Comptroller of the United States for purposes of auditing the 
        expenditures by the applicant of the grant.

(f) Reports to Secretary

    The Secretary may not make a grant under subsection (a) of this 
section unless the applicant involved agrees to submit to the Secretary 
such reports as the Secretary may require with respect to the grant.

(g) Description of intended uses of grant

    The Secretary may not make a grant under subsection (a) of this 
section unless--
        (1) the applicant involved submits to the Secretary a 
    description of the purposes for which the applicant intends to 
    expend the grant;
        (2) the description identifies the populations, areas, and 
    localities in the applicant \3\ with a need for the services or 
    activities described in subsection (a) of this section;
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    \3\ So in original. Probably should be ``application''.
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        (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 nonprivate 
    entities; and
        (4) the description provides assurances that the grant funds 
    will be used in the most cost-effective manner.

(h) Requirement of submission of application

    The Secretary may not make a grant under subsection (a) of this 
section unless an application for the grant is submitted to the 
Secretary, the application contains the description of intended uses 
required in subsection (g) of this section, 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 section.

(i) Method and amount of payment

    The Secretary shall determine the amount of a grant made under 
subsection (a) of this section. Payments under such grants may be made 
in advance on the basis of estimates or by way of reimbursement, with 
necessary adjustments on account of the underpayments or overpayments, 
and in such installments and on such terms and conditions as the 
Secretary finds necessary to carry out the purposes of such grants.

(j) Technical assistance and provision of supplies and services in lieu 
        of grant funds

                      (1) 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 subsection (a) of this section. 
    The Secretary may provide such technical assistance directly or 
    through grants to, or contracts with, public and private entities.

      (2) Provision of supplies and services in lieu of grant 
                                    funds

        (A) Upon the request of an applicant receiving a grant under 
    subsection (a) of this section, the Secretary may, subject to 
    subparagraph (B), provide supplies, equipment, and services for the 
    purpose of aiding the applicant in carrying out such section and, 
    for such purpose, may detail to the applicant any officer or 
    employee of the Department of Health and Human Services.
        (B) With respect to a request described in subparagraph (A), the 
    Secretary shall reduce the amount of payments under the grant under 
    subsection (a) of this section to the applicant 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.

(k) ``Units of local government'' defined

    For purposes of this section, the term ``units of local government'' 
includes Indian tribes.

(l) Authorization of appropriations

                           (1) In general

        For the purpose of carrying out this section, there are 
    authorized to be appropriated $20,000,000 for fiscal year 1993, and 
    such sums as may be necessary for each of the fiscal years 1994 
    through 1998.

               (2) Allocation for technical assistance

        Of the amounts appropriated under paragraph (1) for a fiscal 
    year, the Secretary shall reserve not more than 20 percent for 
    carrying out subsection (j)(1) of this section.

(July 1, 1944, ch. 373, title III, Sec. 317D, as added Pub. L. 102-531, 
title III, Sec. 308, Oct. 27, 1992, 106 Stat. 3495; amended Pub. L. 103-
43, title XX, Sec. 2010(i)(1)(B)(iv), June 10, 1993, 107 Stat. 213; Pub. 
L. 103-183, title VII, Sec. 705(b), Dec. 14, 1993, 107 Stat. 2241; Pub. 
L. 105-392, title IV, Sec. 401(a)(3), Nov. 13, 1998, 112 Stat. 3587.)

                       References in Text

    The Social Security Act, referred to in subsec. (b)(2)(C), is act 
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the Act 
is classified generally to subchapter XIX (Sec. 1396 et seq.) of chapter 
7 of this title. For complete classification of this Act to the Code, 
see section 1305 of this title and Tables.


                               Amendments

    1998--Subsec. (l)(1). Pub. L. 105-392 made technical amendment to 
directory language of Pub. L. 103-183. See 1993 Amendment note below.
    1993--Pub. L. 103-43 made technical amendment to directory language 
of Pub. L. 102-531, Sec. 308, which enacted this section.
    Subsec. (l)(1). Pub. L. 103-183, as amended by Pub. L. 105-392, 
substituted ``through 1998'' for ``through 1996''.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-392 deemed to have taken effect immediately 
after enactment of Pub. L. 103-183, see section 401(e) of Pub. L. 105-
392, set out as a note under section 242m of this title.
