---
kind: "section"
citation: "42 U.S.C. § 300w–4"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300w–4"
heading: "Application for payments; State plan"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300w-4"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XVII — Block Grants"
  - "Part A — Preventive Health and Health Services Block Grants"
---

# §300w–4. Application for payments; State plan

- (a) **In general—** The [Secretary](/usc/42/201.md?p=c) may make payments under [section 300w–2 of this title](/usc/42/300w–2.md) to a [State](/usc/42/201.md?p=f) for a fiscal year only if—
  - (1) the [State](/usc/42/201.md?p=f) submits to the [Secretary](/usc/42/201.md?p=c) an application for the payments;
  - (2) the application contains a [State plan](/usc/42/300d–31.md?p=2) in accordance with [subsection (b)](#b);
  - (3) the application contains the certification described in [subsection (c)](#c);
  - (4) the application contains such assurances as the [Secretary](/usc/42/201.md?p=c) may require regarding the compliance of the [State](/usc/42/201.md?p=f) with the requirements of this part (including assurances regarding compliance with the agreements described in [subsection (c)](#c)); and
  - (5) the application is in such form and is submitted by such date as the [Secretary](/usc/42/201.md?p=c) may require.
- (b) **State plan—** A [State plan](/usc/42/300d–31.md?p=2) required in [subsection (a)(2)](#a-2) 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](/usc/42/300s–3.md?p=12) with principal responsibility for public health [programs](/usc/42/274l–1.md?p=4), in consultation with the [advisory committee](/usc/42/17061.md?p=2) established pursuant to [subsection (c)(2)](#c-2).
  - (2) The plan specifies the activities authorized in [section 300w–3 of this title](/usc/42/300w–3.md) that are to be carried out with payments made to the [State](/usc/42/201.md?p=f) under [section 300w–2 of this title](/usc/42/300w–2.md), including a specification of the year 2000 health objectives for which the [State](/usc/42/201.md?p=f) will expend the payments.
  - (3) The plan specifies the populations in the [State](/usc/42/201.md?p=f) for which such activities are to be carried out.
  - (4) The plan specifies any populations in the [State](/usc/42/201.md?p=f) that have a disparate need for such activities.
  - (5) With respect to each population specified under [paragraph (3)](#b-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](/usc/42/274l–1.md?p=4) and [projects](/usc/42/13641.md?p=2) to be carried out;
    - (B) an estimate of the number of individuals to be served by the [programs](/usc/42/274l–1.md?p=4) and [projects](/usc/42/13641.md?p=2); 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)](#b-3); and
    - (B) the amount to be expended for each population specified under [paragraph (4)](#b-4).
- (c) **State certification—** The certification referred to in [subsection (a)(3)](#a-3) for a fiscal year is a certification to the [Secretary](/usc/42/201.md?p=c) by the chief executive officer of the [State](/usc/42/201.md?p=f) involved as follows:
  - (1)
    - (A) In the development of the [State plan](/usc/42/300d–31.md?p=2) required in [subsection (a)(2)](#a-2)—
      - (i) the chief health officer of the [State](/usc/42/201.md?p=f) 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](/usc/42/11851.md?p=8)).
    - (B) The [State](/usc/42/201.md?p=f) agrees that, if any revisions are made in such plan during the fiscal year, the [State](/usc/42/201.md?p=f) will, with respect to the revisions, hold hearings and make proposals public in accordance with [subparagraph (A)](#c-1-A), and will submit to the [Secretary](/usc/42/201.md?p=c) a description of the revisions.
  - (2) The [State](/usc/42/201.md?p=f) has established an [advisory committee](/usc/42/17061.md?p=2) in accordance with [subsection (d)](#d).
  - (3) The [State](/usc/42/201.md?p=f) agrees to expend payments under [section 300w–2 of this title](/usc/42/300w–2.md) only for the activities authorized in [section 300w–3 of this title](/usc/42/300w–3.md).
  - (4) The [State](/usc/42/201.md?p=f) agrees to expend such payments in accordance with the [State plan](/usc/42/300d–31.md?p=2) submitted under [subsection (a)(2)](#a-2) (with any revisions submitted to the [Secretary](/usc/42/201.md?p=c) under [paragraph (1)(B)](#c-1-B)), including making expenditures to carry out the strategy contained in the plan pursuant to [subsection (b)(5)](#b-5).
  - (5)
    - (A) The [State](/usc/42/201.md?p=f) agrees that, in the case of each population for which such strategy is carried out, the [State](/usc/42/201.md?p=f) will measure the extent of progress being made toward improving the health status of the population.
    - (B) The [State](/usc/42/201.md?p=f) agrees that—
      - (i) the [State](/usc/42/201.md?p=f) will collect and report data in accordance with [section 300w–5(a) of this title](/usc/42/300w–5.md?p=a); and
      - (ii) for purposes of [subparagraph (A)](#c-5-A), progress will be measured through use of each of the applicable uniform data items developed by the [Secretary](/usc/42/201.md?p=c) under paragraph (2) of such section, or if no such items are applicable, through use of the uniform criteria developed by the [Secretary](/usc/42/201.md?p=c) under paragraph (3) of such section.
  - (6) With respect to the activities authorized in [section 300w–3 of this title](/usc/42/300w–3.md), the [State](/usc/42/201.md?p=f) agrees to maintain [State](/usc/42/201.md?p=f) expenditures for such activities at a level that is not less than the average level of such expenditures maintained by the [State](/usc/42/201.md?p=f) for the 2-year period preceding the fiscal year for which the [State](/usc/42/201.md?p=f) is applying to receive payments under [section 300w–2 of this title](/usc/42/300w–2.md).
  - (7) The [State](/usc/42/201.md?p=f) 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](/usc/42/201.md?p=f) review of the failure by the [State](/usc/42/201.md?p=f) to provide funds for any such entity.
  - (8) The [State](/usc/42/201.md?p=f) agrees to permit and cooperate with Federal investigations undertaken in accordance with [section 300w–6 of this title](/usc/42/300w–6.md).
  - (9) The [State](/usc/42/201.md?p=f) has in effect a system to protect from inappropriate disclosure patient and sex offense victim records maintained by the [State](/usc/42/201.md?p=f) in connection with an activity funded under this part or by any entity which is receiving payments from the allotment of the [State](/usc/42/201.md?p=f) under this part.
  - (10) The [State](/usc/42/201.md?p=f) agrees to provide the officer of the [State](/usc/42/201.md?p=f) government responsible for the administration of the [State](/usc/42/201.md?p=f) highway safety [program](/usc/42/274l–1.md?p=4) with an opportunity to—
    - (A) participate in the development of any plan by the [State](/usc/42/201.md?p=f) relating to emergency medical [services](/usc/42/201.md?p=a), as such plan relates to highway safety; and
    - (B) review and comment on any proposal by any [State agency](/usc/42/300s–3.md?p=12) to use any Federal grant or Federal payment received by the [State](/usc/42/201.md?p=f) for the provision of emergency medical [services](/usc/42/201.md?p=a) as such proposal relates to highway safety.
- (d) **State Advisory Committee—**
  - (1) **In general—** For purposes of [subsection (c)(2)](#c-2), an [advisory committee](/usc/42/17061.md?p=2) is in accordance with this subsection if such committee is known as the [State](/usc/42/201.md?p=f) Preventive Health [Advisory Committee](/usc/42/17061.md?p=2) (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)](#d-1) for a [State](/usc/42/201.md?p=f) is that the duties of the Committee are—
    - (A) to hold public hearings on the [State plan](/usc/42/300d–31.md?p=2) required in [subsection (a)(2)](#a-2); and
    - (B) to make recommendations pursuant to [subsection (b)(1)](#b-1) 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](/usc/42/300w–3.md) should be carried out in the [State](/usc/42/201.md?p=f);
      - (iii) the [allocation](/usc/42/2021b.md?p=2) of payments made to the [State](/usc/42/201.md?p=f) under [section 300w–2 of this title](/usc/42/300w–2.md);
      - (iv) the coordination of activities carried out under such plan with relevant [programs](/usc/42/274l–1.md?p=4) of other entities; and
      - (v) the collection and reporting of data in accordance with [section 300w–5(a) of this title](/usc/42/300w–5.md?p=a).
  - (3) **Composition—**
    - (A) A condition under [paragraph (1)](#d-1) for a [State](/usc/42/201.md?p=f) 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](/usc/42/201.md?p=f), 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)](#d-3-A), the membership of [advisory committees](/usc/42/17061.md?p=2) established pursuant to [subsection (c)(2)](#c-2) may include representatives of community-based organizations (including minority community-based organizations), [schools](/usc/42/300j–21.md?p=6) of public health, and entities to which the [State](/usc/42/201.md?p=f) involved awards grants or contracts to carry out activities authorized in [section 300w–3 of this title](/usc/42/300w–3.md).
  - (4) **Chair; meetings—** A condition under [paragraph (1)](#d-1) for a [State](/usc/42/201.md?p=f) is that the [State](/usc/42/201.md?p=f) public health officer serves as the chair of the Committee, and that the Committee meets not less than twice each fiscal year.

## Source credit

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

## Notes

### Editorial Notes

### 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, § 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, § 5(a), redesignated par. (5) as (3). Former par. (3) redesignated (2).

Subsec. (c)(4). Pub. L. 98–555, § 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, § 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, § 5(d), struck out subsec. (e) which related to grants by States.

### Statutory Notes and Related Subsidiaries

### 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.

### Effective Date

Section effective Oct. 1, 1981, see section 901 of Pub. L. 97–35, set out in part as a note under section 300w of this title.

### Delayed Applicability of Requirement Regarding Advisory Committees

Pub. L. 102–531, title I, § 103(b), Oct. 27, 1992, 106 Stat. 3473, provided that: “With respect to compliance with the requirement established in subsection (c)(2) of section 1905 of the Public Health Service Act [42 U.S.C. 300w–4(c)(2)] (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].”