42 U.S.C. § 300ee–13: Requirement of…

Summary

Federal payments for a fiscal year will only go to a State if the State files an application that explains how it will use the money that year. The application must name who and which places need the services, describe the programs and services to be paid for and how they will work with similar public or private programs, include the required agreements, be certified by the State’s chief executive officer, and include assurances the Secretary finds acceptable. The application must follow the form and process the Secretary requires. The State must also give public notice about its plan (and any changes) and allow people to submit comments while the plan is developed and carried out.

Title 42, §300ee–13

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

The Secretary may not make payments under section 300ee–11(a) of this title for a fiscal year unless—

(1)the State involved submits to the Secretary a description of the purposes for which the State intends to expend the payments for the fiscal year;

(2)the description identifies the populations, areas, and localities in the State with a need for the services for which amounts may be provided by the State under this part;

(3)the description provides information relating to the programs and activities to be supported and services to be provided, including a description of the manner in which such programs and activities will be coordinated with any similar programs and activities of public and private entities;

(4)the State submits to the Secretary an application for the payments containing agreements in accordance with this part;

(5)the agreements are made through certification from the chief executive officer of the State;

(6)with respect to such agreements, the application provides assurances of compliance satisfactory to the Secretary; and

(7)the application otherwise 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 part.

(b)Opportunity for public comment

The Secretary may not make payments under section 300ee–11(a) of this title for a fiscal year unless the State involved agrees that, in developing and carrying out the description required in subsection (a), the State will provide public notice with respect to the description (including any revisions) and will facilitate comments from interested persons.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2503 of act July 1, 1944, was successively renumbered by subsequent acts, see section 238b of this title.

Amendments

1988—Subsec. (a)(3). Pub. L. 100–690 struck out “and” after semicolon.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–690 effective immediately after enactment of Pub. L. 100–607, which was approved Nov. 4, 1988, see section 2600 of Pub. L. 100–690, set out as a note under section 242m of this title.

§300ee–13 Requirement of Submission of Application Containing Certain Agreements and Assurances