42 U.S.C. § 300w–4 — Application for payments; State plan

(a) In general: The Secretary may only pay a state under section 300w–2 for a fiscal year if: (1) the state applies for the payment; (2) the application includes a state plan meeting subsection (b); (3) the application includes the certification described in subsection (c); (4) the application includes assurances the Secretary requires that the state will follow this part's rules, including the agreements in subsection (c); and (5) the application is submitted in the required form and by the required date. (b) State plan: A state plan meets this subsection if it: (1) is written by the state's main public-health agency, working with the advisory committee under subsection (c)(2); (2) lists the section 300w–3 activities the state will fund with its payments, including which year 2000 health objectives the money will target; (3) lists the state populations these activities will serve; (4) lists any populations in the state with a disparate need for these activities; (5) for each population listed under (3), includes a strategy to spend the money on activities that improve that population's health, including (A) a description of the programs and projects; (B) an estimate of how many people they'll serve; and (C) an estimate of how many public health workers the strategy needs; and (6) lists how much money will go to each activity, and — for each activity — (A) how much goes to each population under (3), and (B) how much goes to each population under (4). (c) State certification: The state's chief executive officer must certify to the Secretary that: (1) (A) in building the state plan, (i) the state's chief health officer held public hearings, and (ii) plan proposals were made public so the public and private groups, including other government agencies, could comment; (B) the state agrees that any mid-year revisions to the plan will get the same hearings and public notice, and will be described to the Secretary. (2) The state has set up an advisory committee under subsection (d). (3) The state agrees to spend section 300w–2 payments only on activities authorized under section 300w–3. (4) The state agrees to spend the money following its submitted plan, and any revisions, including carrying out the (b)(5) strategy. (5) (A) The state agrees to measure health-status progress for each population covered by its strategy. (B) The state agrees to (i) collect and report data under section 300w–5(a), and (ii) measure progress using the Secretary's uniform data items under that section's paragraph (2), or — where none apply — the uniform criteria under paragraph (3). (6) The state agrees to keep spending on section 300w–3 activities at least at the average level it spent over the 2 years before the fiscal year it's applying for. (7) The state agrees to set reasonable criteria for evaluating funded entities' performance, and procedures for independent state review if the state denies funding to any entity. (8) The state agrees to allow and cooperate with federal investigations under section 300w–6. (9) The state has a system protecting patient and sex-offense-victim records — kept by the state or by any funded entity — from improper disclosure. (10) The state agrees to let the state official in charge of highway safety (A) help develop any state emergency-medical-services plan, as it relates to highway safety, and (B) review and comment on any state agency proposal to use federal grant money for emergency medical services, as it relates to highway safety. (d) State Advisory Committee: (1) For subsection (c)(2), an advisory committee qualifies if it's called the State Preventive Health Advisory Committee ("the Committee") and meets the conditions below. (2) The Committee's duties are to (A) hold public hearings on the state plan, and (B) recommend how to build and run the plan, including on (i) public health assessments; (ii) which section 300w–3 activities the state should fund; (iii) how to allocate section 300w–2 payments; (iv) coordinating the plan with other groups' relevant programs; and (v) collecting and reporting data under section 300w–5(a). (3) (A) The Committee must include enough members of the public and local health-department officials to fairly represent both groups. (B) That membership may include community-based organizations, including minority ones, public health schools, and entities the state funds under section 300w–3. (4) The state's public health officer chairs the Committee, which must meet at least twice a year.