
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300w-4]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                      SUBCHAPTER XVII--BLOCK GRANTS
 
       Part A--Preventive Health and Health Services Block Grants
 
Sec. 300w-4. Application for payments; State plan


(a) In general

    The Secretary may make payments under section 300w-2 of this title 
to a State for a fiscal year only if--
        (1) the State submits to the Secretary an application for the 
    payments;
        (2) the application contains a State plan in accordance with 
    subsection (b) of this section;
        (3) the application contains the certification described in 
    subsection (c) of this section;
        (4) the application contains such assurances as the Secretary 
    may require regarding the compliance of the State with the 
    requirements of this part (including assurances regarding compliance 
    with the agreements described in subsection (c) of this section); 
    and
        (5) the application is in such form and is submitted by such 
    date as the Secretary may require.

(b) State plan

    A State plan required in subsection (a)(2) of this section for a 
fiscal year is in accordance with this subsection if the plan meets the 
following conditions:
        (1) The plan is developed by the State agency with principal 
    responsibility for public health programs, in consultation with the 
    advisory committee established pursuant to subsection (c)(2) of this 
    section.
        (2) The plan specifies the activities authorized in section 
    300w-3 of this title that are to be carried out with payments made 
    to the State under section 300w-2 of this title, including a 
    specification of the year 2000 health objectives for which the State 
    will expend the payments.
        (3) The plan specifies the populations in the State for which 
    such activities are to be carried out.
        (4) The plan specifies any populations in the State that have a 
    disparate need for such activities.
        (5) With respect to each population specified under paragraph 
    (3), the plan contains a strategy for expending such payments to 
    carry out such activities to make progress toward improving the 
    health status of the population, which strategy includes--
            (A) a description of the programs and projects to be carried 
        out;
            (B) an estimate of the number of individuals to be served by 
        the programs and projects; and
            (C) an estimate of the number of public health personnel 
        needed to carry out the strategy.

        (6) The plan specifies the amount of such payments to be 
    expended for each of such activities and, with respect to the 
    activity involved--
            (A) the amount to be expended for each population specified 
        under paragraph (3); and
            (B) the amount to be expended for each population specified 
        under paragraph (4).

(c) State certification

    The certification referred to in subsection (a)(3) of this section 
for a fiscal year is a certification to the Secretary by the chief 
executive officer of the State involved as follows:
        (1)(A) In the development of the State plan required in 
    subsection (a)(2) of this section--
            (i) the chief health officer of the State held public 
        hearings on the plan; and
            (ii) proposals for the plan were made public in a manner 
        that facilitated comments from public and private entities 
        (including Federal and other public agencies).

        (B) The State agrees that, if any revisions are made in such 
    plan during the fiscal year, the State will, with respect to the 
    revisions, hold hearings and make proposals public in accordance 
    with subparagraph (A), and will submit to the Secretary a 
    description of the revisions.
        (2) The State has established an advisory committee in 
    accordance with subsection (d) of this section.
        (3) The State agrees to expend payments under section 300w-2 of 
    this title only for the activities authorized in section 300w-3 of 
    this title.
        (4) The State agrees to expend such payments in accordance with 
    the State plan submitted under subsection (a)(2) of this section 
    (with any revisions submitted to the Secretary under paragraph 
    (1)(B)), including making expenditures to carry out the strategy 
    contained in the plan pursuant to subsection (b)(5) of this section.
        (5)(A) The State agrees that, in the case of each population for 
    which such strategy is carried out, the State will measure the 
    extent of progress being made toward improving the health status of 
    the population.
        (B) The State agrees that--
            (i) the State will collect and report data in accordance 
        with section 300w-5(a) of this title; and
            (ii) for purposes of subparagraph (A), progress will be 
        measured through use of each of the applicable uniform data 
        items developed by the Secretary under paragraph (2) of such 
        section, or if no such items are applicable, through use of the 
        uniform criteria developed by the Secretary under paragraph (3) 
        of such section.

        (6) With respect to the activities authorized in section 300w-3 
    of this title, the State agrees to maintain State expenditures for 
    such activities at a level that is not less than the average level 
    of such expenditures maintained by the State for the 2-year period 
    preceding the fiscal year for which the State is applying to receive 
    payments under section 300w-2 of this title.
        (7) The State agrees to establish reasonable criteria to 
    evaluate the effective performance of entities that receive funds 
    from such payments and procedures for procedural and substantive 
    independent State review of the failure by the State to provide 
    funds for any such entity.
        (8) The State agrees to permit and cooperate with Federal 
    investigations undertaken in accordance with section 300w-6 of this 
    title.
        (9) The State has in effect a system to protect from 
    inappropriate disclosure patient and sex offense victim records 
    maintained by the State in connection with an activity funded under 
    this part or by any entity which is receiving payments from the 
    allotment of the State under this part.
        (10) The State agrees to provide the officer of the State 
    government responsible for the administration of the State highway 
    safety program with an opportunity to--
            (A) participate in the development of any plan by the State 
        relating to emergency medical services, as such plan relates to 
        highway safety; and
            (B) review and comment on any proposal by any State agency 
        to use any Federal grant or Federal payment received by the 
        State for the provision of emergency medical services as such 
        proposal relates to highway safety.

(d) State Advisory Committee

                           (1) In general

        For purposes of subsection (c)(2) of this section, an advisory 
    committee is in accordance with this subsection if such committee is 
    known as the State Preventive Health Advisory Committee (in this 
    subsection referred to as the ``Committee'') and the Committee meets 
    the conditions described in the subsequent paragraphs of this 
    subsection.

                             (2) Duties

        A condition under paragraph (1) for a State is that the duties 
    of the Committee are--
            (A) to hold public hearings on the State plan required in 
        subsection (a)(2) of this section; and
            (B) to make recommendations pursuant to subsection (b)(1) of 
        this section regarding the development and implementation of 
        such plan, including recommendations on--
                (i) the conduct of assessments of the public health;
                (ii) which of the activities authorized in section 300w-
            3 of this title should be carried out in the State;
                (iii) the allocation of payments made to the State under 
            section 300w-2 of this title;
                (iv) the coordination of activities carried out under 
            such plan with relevant programs of other entities; and
                (v) the collection and reporting of data in accordance 
            with section 300w-5(a) of this title.

                           (3) Composition

        (A) A condition under paragraph (1) for a State is that the 
    Committee is composed of such members of the general public, and 
    such officials of the health departments of political subdivisions 
    of the State, as may be necessary to provide adequate representation 
    of the general public and of such health departments.
        (B) With respect to compliance with subparagraph (A), the 
    membership of advisory committees established pursuant to subsection 
    (c)(2) of this section may include representatives of community-
    based organizations (including minority community-based 
    organizations), schools of public health, and entities to which the 
    State involved awards grants or contracts to carry out activities 
    authorized in section 300w-3 of this title.

                         (4) Chair; meetings

        A condition under paragraph (1) for a State is that the State 
    public health officer serves as the chair of the Committee, and that 
    the Committee meets not less than twice each fiscal year.

(July 1, 1944, ch. 373, title XIX, Sec. 1905, as added Pub. L. 97-35, 
title IX, Sec. 901, Aug. 13, 1981, 95 Stat. 538; amended Pub. L. 98-555, 
Sec. 5(a), (d), Oct. 30, 1984, 98 Stat. 2855, 2856; Pub. L. 99-646, 
Sec. 87(d)(1)(B), Nov. 10, 1986, 100 Stat. 3624; Pub. L. 99-654, 
Sec. 3(b)(1)(B), Nov. 14, 1986, 100 Stat. 3663; Pub. L. 100-607, title 
III, Sec. 301(c), Nov. 4, 1988, 102 Stat. 3112; Pub. L. 101-590, Sec. 4, 
Nov. 16, 1990, 104 Stat. 2928; Pub. L. 102-531, title I, Sec. 103(a), 
Oct. 27, 1992, 106 Stat. 3470.)


                               Amendments

    1992--Pub. L. 102-531 amended section generally, substituting 
present provisions for provisions relating to submission and form of 
application for assistance under this part as well as required 
assurances, public hearings on proposed use and distribution of funds, 
certifications by chief executive officer of State, and a description of 
intended use of funds as well as public access to and revision of such 
description.
    1990--Subsec. (c). Pub. L. 101-590, which directed amendment of 
subsec. (c) by adding at the end thereof a new par. (7), was executed by 
adding par. (7) after par. (6) and before the last sentence to reflect 
the probable intent of Congress.
    1988--Subsec. (d). Pub. L. 100-607 inserted at end ``The description 
shall include a statement of the public health objectives expected to be 
achieved by the State through the use of the payments the State will 
receive under section 300w-2 of this title.''
    1986--Subsec. (c)(6). Pub. L. 99-646 and Pub. L. 99-654 amended par. 
(6) identically, substituting ``sex offense'' for ``rape''.
    1984--Subsec. (c)(2). Pub. L. 98-555, Sec. 5(a), redesignated par. 
(3) as (2). Former par. (2), which related to grants for fiscal year 
1982, was struck out.
    Subsec. (c)(3). Pub. L. 98-555, Sec. 5(a), redesignated par. (5) as 
(3). Former par. (3) redesignated (2).
    Subsec. (c)(4). Pub. L. 98-555, Sec. 5(a), redesignated par. (6) as 
(4). Former par. (4), which related to grants for preventive health 
service programs for hypertension, was struck out.
    Subsec. (c)(5) to (8). Pub. L. 98-555, Sec. 5(a), redesignated pars. 
(7) and (8) as (5) and (6), respectively. Former pars. (5) and (6) 
redesignated (3) and (4), respectively.
    Subsec. (e). Pub. L. 98-555, Sec. 5(d), struck out subsec. (e) which 
related to grants by States.


                    Effective Date of 1986 Amendments

    Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective 30 days 
after Nov. 10, 1986, and 30 days after Nov. 14, 1986, respectively, see 
section 87(e) of Pub. L. 99-646 and section 4 of Pub. L. 99-654, set out 
as an Effective Date note under section 2241 of Title 18, Crimes and 
Criminal Procedure.


   Delayed Applicability of Requirement Regarding Advisory Committees

    Section 103(b) of Pub. L. 102-531 provided that: ``With respect to 
compliance with the requirement established in subsection (c)(2) of 
section 1905 of the Public Health Service Act [subsec. (c)(2) of this 
section] (as amended by subsection (a) of this section), a State is 
deemed, notwithstanding such section, to be in compliance with such 
requirement if the State establishes an advisory committee in accordance 
with subsection (d) of such section not later than 180 days after the 
date of the enactment of this Act [Oct. 27, 1992].''

                  Section Referred to in Other Sections

    This section is referred to in sections 300w-1, 300w-5, 300w-6, 
300w-10 of this title.
