---
kind: "section"
citation: "42 U.S.C. § 247b–5"
title: "42"
title_heading: "The Public Health and Welfare"
number: "247b–5"
heading: "Preventive health measures with respect to prostate cancer"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/247b-5"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter II — General Powers and Duties"
  - "Part B — Federal-State Cooperation"
---

# §247b–5. Preventive health measures with respect to prostate cancer

- (a) **In general—** The [Secretary](/usc/42/201.md?p=c), acting through the [Director](/usc/42/11851.md?p=5) of the Centers for Disease Control and Prevention, may make grants to [States](/usc/42/201.md?p=f) and local health departments for the purpose of enabling such [States](/usc/42/201.md?p=f) and departments to carry out [programs](/usc/42/274l–1.md?p=4) that may include the following:
  - (1) To identify factors that influence the attitudes or levels of awareness of men and health care practitioners regarding screening for prostate cancer.
  - (2) To evaluate, in consultation with the [Agency](/usc/42/8262.md?p=1) for Health Care Policy and Research and the National Institutes of Health, the effectiveness of screening strategies for prostate cancer.
  - (3) To identify, in consultation with the [Agency](/usc/42/8262.md?p=1) for Health Care Policy and Research, issues related to the quality of life for men after prostrate[^1] cancer screening and followup.
  - (4) To develop and disseminate public information and education [programs](/usc/42/274l–1.md?p=4) for prostate cancer, including appropriate messages about the risks and benefits of prostate cancer screening for the general public, [health care providers](/usc/42/300aa–33.md?p=1), policy makers and other appropriate individuals.
  - (5) To improve surveillance for prostate cancer.
  - (6) To address the needs of underserved and minority populations regarding prostate cancer.
  - (7) Upon a determination by the [Secretary](/usc/42/201.md?p=c), who shall take into consideration recommendations by the United States Preventive [Services](/usc/42/201.md?p=a) [Task Force](/usc/42/242q–4.md?p=3) and shall seek input, where appropriate, from professional societies and other private and public entities, that there is sufficient consensus on the effectiveness of prostate cancer screening—
    - (A) to screen men for prostate cancer as a preventive health measure;
    - (B) to provide appropriate referrals for the medical [treatment](/usc/42/11851.md?p=11) of men who have been screened under [subparagraph (A)](#a-7-A) and to ensure, to the extent practicable, the provision of appropriate followup [services](/usc/42/201.md?p=a) and support [services](/usc/42/201.md?p=a) such as case management;
    - (C) to establish mechanisms through which [State](/usc/42/201.md?p=f) and local health departments can monitor the quality of screening procedures for prostate cancer, including the interpretation of such procedures; and
    - (D) to improve, in consultation with the Health Resources and [Services](/usc/42/201.md?p=a) Administration, the education, training, and skills of health practitioners (including appropriate allied health professionals) in the detection and control of prostate cancer.
  - (8) To evaluate activities conducted under paragraphs [(1)](#a-1) through [(7)](#a-7) through appropriate surveillance or [program](/usc/42/274l–1.md?p=4) monitoring activities.
- (b) **Requirement of matching funds—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under [subsection (a)](#a) 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)](#b-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)](#b-1) may be in cash or in kind, fairly evaluated, including equipment or [services](/usc/42/201.md?p=a) (and excluding indirect or overhead costs). Amounts provided by the Federal Government, or [services](/usc/42/201.md?p=a) 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)](#b-1), the [Secretary](/usc/42/201.md?p=c) 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)](#a) 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)](#b-1), the [Secretary](/usc/42/201.md?p=c) 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](/usc/42/1396.md) et seq.] by the applicant involved toward the purpose described in paragraphs [(1)](#a-1) and [(2)](#a-2) of subsection (a).
- (c) **Education on significance of early detection—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under [subsection (a)](#a) unless the applicant involved agrees that, in carrying out [subsection (a)(3)](#a-3), the applicant will carry out education [programs](/usc/42/274l–1.md?p=4) 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](/usc/42/201.md?p=c) may not make a grant under [subsection (a)](#a) 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](/usc/42/201.md?p=a) or activities described in paragraphs [(1)](#d-1) and [(2)](#d-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](/usc/42/201.md?p=a) 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](/usc/42/201.md?p=a) or activities described in paragraphs [(3)](#d-3) through (6) of such section.[^2]
- (e) **Additional required agreements—**
  - (1) **Priority for low-income men—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under [subsection (a)](#a) 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](/usc/42/201.md?p=a) and activities pursuant to paragraphs [(1)](#e-1) and [(2)](#e-2) of such subsection.
  - (2) **Limitation on imposition of fees for services—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under [subsection (a)](#a) unless the applicant involved agrees that, if a charge is imposed for the provision of [services](/usc/42/201.md?p=a) 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](/usc/42/254c–12.md?p=1), as established by the [Director](/usc/42/11851.md?p=5) of the Office of Management and Budget and revised by the [Secretary](/usc/42/201.md?p=c) in accordance with [section 9902(2) of this title](/usc/42/9902.md?p=2).
  - (3) **Relationship to items and services under other programs—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under [subsection (a)](#a) unless the applicant involved agrees that the grant will not be expended to make payment for any item or [service](/usc/42/201.md?p=a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or [service](/usc/42/201.md?p=a)—
    - (A) under any [State](/usc/42/201.md?p=f) compensation [program](/usc/42/274l–1.md?p=4), under an insurance policy, or under any Federal or [State](/usc/42/201.md?p=f) health benefits [program](/usc/42/274l–1.md?p=4); or
    - (B) by an entity that provides health [services](/usc/42/201.md?p=a) on a prepaid basis.
  - (4) **Coordination with other prostate cancer programs—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under [subsection (a)](#a) unless the applicant involved agrees that the [services](/usc/42/201.md?p=a) and activities funded through the grant will be coordinated with other Federal, [State](/usc/42/201.md?p=f), and local prostate cancer [programs](/usc/42/274l–1.md?p=4).
  - (5) **Limitation on administrative expenses—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under [subsection (a)](#a) 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](/usc/42/201.md?p=c) may not make a grant under [subsection (a)](#a) unless the applicant involved agrees that the grant will not be expended to provide inpatient [hospital](/usc/42/300s–3.md?p=1) [services](/usc/42/201.md?p=a) for any individual.
  - (7) **Records and audits—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under [subsection (a)](#a) 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;[^3] and
    - (B) upon request, the applicant will provide records maintained pursuant to [paragraph (1)](#e-1) to the [Secretary](/usc/42/201.md?p=c) 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](/usc/42/201.md?p=c) may not make a grant under [subsection (a)](#a) unless the applicant involved agrees to submit to the [Secretary](/usc/42/201.md?p=c) such reports as the [Secretary](/usc/42/201.md?p=c) may require with respect to the grant.
- (g) **Description of intended uses of grant—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under [subsection (a)](#a) unless—
  - (1) the applicant involved submits to the [Secretary](/usc/42/201.md?p=c) 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[^4] with a need for the [services](/usc/42/201.md?p=a) or activities described in [subsection (a)](#a);
  - (3) the description provides information relating to the [services](/usc/42/201.md?p=a) and activities to be provided, including a description of the manner in which the [services](/usc/42/201.md?p=a) and activities will be coordinated with any similar [services](/usc/42/201.md?p=a) 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](/usc/42/201.md?p=c) may not make a grant under [subsection (a)](#a) unless an application for the grant is submitted to the [Secretary](/usc/42/201.md?p=c), the application contains the description of intended uses required in [subsection (g)](#g), and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the [Secretary](/usc/42/201.md?p=c) determines to be necessary to carry out this section.
- (i) **Method and amount of payment—** The [Secretary](/usc/42/201.md?p=c) shall determine the amount of a grant made under [subsection (a)](#a). 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](/usc/42/201.md?p=c) 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](/usc/42/201.md?p=c) may provide training and technical assistance with respect to the planning, development, and operation of any [program](/usc/42/274l–1.md?p=4) or [service](/usc/42/201.md?p=a) carried out pursuant to [subsection (a)](#a). The [Secretary](/usc/42/201.md?p=c) 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)](#a), the [Secretary](/usc/42/201.md?p=c) may, subject to [subparagraph (B)](#j-2-B), provide supplies, equipment, and [services](/usc/42/201.md?p=a) 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](/usc/42/300gg–91.md?p=d-5) of the Department of Health and Human [Services](/usc/42/201.md?p=a).
    - (B) With respect to a request described in [subparagraph (A)](#j-2-A), the [Secretary](/usc/42/201.md?p=c) shall reduce the amount of payments under the grant under [subsection (a)](#a) 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](/usc/42/201.md?p=a) provided by the [Secretary](/usc/42/201.md?p=c). The [Secretary](/usc/42/201.md?p=c) 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 2004.
  - (2) **Allocation for technical assistance—** Of the amounts appropriated under [paragraph (1)](#l-1) for a fiscal year, the [Secretary](/usc/42/201.md?p=c) shall reserve not more than 20 percent for carrying out [subsection (j)(1)](#j-1).

## Footnotes

[^1]: So in original. Probably should be “prostate”.
[^2]: So in original. Probably should be “subsection.”
[^3]: So in original. Probably should be “subsection;”.
[^4]: So in original. Probably should be “application”.

## Source credit

(July 1, 1944, ch. 373, title III, § 317D, as added Pub. L. 102–531, title III, § 308, Oct. 27, 1992, 106 Stat. 3495; amended Pub. L. 103–43, title XX, § 2010(i)(1)(B)(iv), June 10, 1993, 107 Stat. 213; Pub. L. 103–183, title VII, § 705(b), Dec. 14, 1993, 107 Stat. 2241; Pub. L. 105–392, title IV, § 401(a)(3), Nov. 13, 1998, 112 Stat. 3587; Pub. L. 106–505, title VI, § 602(a), Nov. 13, 2000, 114 Stat. 2345.)

## Notes

### Editorial Notes

### References in Text

The Social Security Act, referred to in subsec. (b)(2)(C), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 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

2000—Subsec. (a). Pub. L. 106–505, § 602(a)(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “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.”

Subsec. (l)(1). Pub. L. 106–505, § 602(a)(2), substituted “2004” for “1998”.

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, § 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”.

### Statutory Notes and Related Subsidiaries

### 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.