Page:United States Statutes at Large Volume 95.djvu/565

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 539

"(b) After the expiration of the first fiscal year in which a State receives an allotment under section 1902, no funds shall be allotted to such State for any fiscal year under such section unless the legislature of the State conducts public hearings on the proposed use and distribution of funds to be provided under section 1903 for such fiscal year. "(c) As part of the annual application required by subsection (a), the chief executive officer of each State shall certify that the State— "(1) agrees to use the funds alloted to it under section 1902 in accordance with the requirements of this part; "(2) except as provided in subsection (e), shall make grants for fiscal year 1982 to each entity within the State which received a grant or contract under section 1202, 1203, or 1204 in fiscal year ^^-JJ^f^o,.^, „ 1981 and which would be eligible to receive a grant or contract 300d-i-300<i-3. under such section (as in effect on September 30, 1981) for such fiscal year if such grants or contracts were made under such section; "(3) agrees to establish reasonable criteria to evaluate the effective performance of entities which receive funds from the allotment of the State under this part and procedures for procedural and substantive independent State review of the failure by the State to provide funds for any such entity. "(4) agrees to make grants for preventive health service programs for h5rpertension in amounts equal to— "(A) for fiscal year 1982, 75 percent of the total amount provided by the &cretary in fiscal year 1981 to the State and entities in the State under section 317 for such programs, "(B) for fiscal year 1983, 70 percent of such total amount, and "(C) for fiscal year 1984, 60 percent of such total amount. "(5) agrees to permit and cooperate with Federal investigations undertaken in accordance with section 1907; "(6) has identified those populations, areas, and localities in the State with a need for the services for which funds may be provided by the State under this part; "(7) agrees that Federal funds made available under section 1903 for any period will be so used as to supplement and increase the level of State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for the programs and activities for which funds are provided under that section and will in no event supplant such State, local, and other non-Federal funds; and "(8) has in effect a system to protect from inappropriate disclosure patient and rape 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. The Secretary may not prescribe for a State the manner of compliance with the requirements of this subsection. "(d) The chief executive officer of a State shall, as part of the application required by subsection (a), also prepare and furnish the Secretary (in accordance with such form as the Secretary shall provide) with a description of the intended use of the payments the State will receive under section 1903 for the fiscal year for which the application is submitted, including information on the programs and activities to be supported and services to be provided. The description shall be made public within the State in such manner as to facilitate comment from any person (including any Federal or other public

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