TITLE 42 - US CODE - SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

42 USC 701 - Authorization of appropriations; purposes; definitions

(a) To improve the health of all mothers and children consistent with the applicable health status goals and national health objectives established by the Secretary under the Public Health Service Act [42 U.S.C. 201 et seq.] for the year 2000, there are authorized to be appropriated $850,000,000 for fiscal year 2001 and each fiscal year thereafter
(1) for the purpose of enabling each State
(A) to provide and to assure mothers and children (in particular those with low income or with limited availability of health services) access to quality maternal and child health services;
(B) to reduce infant mortality and the incidence of preventable diseases and handicapping conditions among children, to reduce the need for inpatient and long-term care services, to increase the number of children (especially preschool children) appropriately immunized against disease and the number of low income children receiving health assessments and follow-up diagnostic and treatment services, and otherwise to promote the health of mothers and infants by providing prenatal, delivery, and postpartum care for low income, at-risk pregnant women, and to promote the health of children by providing preventive and primary care services for low income children;

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(C) to provide rehabilitation services for blind and disabled individuals under the age of 16 receiving benefits under subchapter XVI of this chapter, to the extent medical assistance for such services is not provided under subchapter XIX of this chapter; and
(D) to provide and to promote family-centered, community-based, coordinated care (including care coordination services, as defined in subsection (b)(3) of this section) for children with special health care needs and to facilitate the development of community-based systems of services for such children and their families;
(2) for the purpose of enabling the Secretary (through grants, contracts, or otherwise) to provide for special projects of regional and national significance, research, and training with respect to maternal and child health and children with special health care needs (including early intervention training and services development), for genetic disease testing, counseling, and information development and dissemination programs, for grants (including funding for comprehensive hemophilia diagnostic treatment centers) relating to hemophilia without regard to age, and for the screening of newborns for sickle cell anemia, and other genetic disorders and follow-up services; and
(3) subject to section 702 (b) of this title for the purpose of enabling the Secretary (through grants, contracts, or otherwise) to provide for developing and expanding the following
(A) maternal and infant health home visiting programs in which case management services as defined in subparagraphs (A) and (B) of subsection (b)(4) of this section, health education services, and related social support services are provided in the home to pregnant women or families with an infant up to the age one by an appropriate health professional or by a qualified nonprofessional acting under the supervision of a health care professional,
(B) projects designed to increase the participation of obstetricians and pediatricians under the program under this subchapter and under state[1] plans approved under subchapter XIX of this chapter,
(C) integrated maternal and child health service delivery systems (of the type described in section 1320b–62 of this title and using, once developed, the model application form developed under section 6506(a) of the Omnibus Budget Reconciliation Act of 1989),
(D) maternal and child health centers which
(i)  provide prenatal, delivery, and postpartum care for pregnant women and preventive and primary care services for infants up to age one, and
(ii)  operate under the direction of a not-for-profit hospital,

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(E) maternal and child health projects to serve rural populations, and
(F) outpatient and community based services programs (including day care services) for children with special health care needs whose medical services are provided primarily through inpatient institutional care.

Funds appropriated under this section may only be used in a manner consistent with the Assisted Suicide Funding Restriction Act of 1997 [42 U.S.C. 14401 et seq.].

(b) For purposes of this subchapter:
(1) The term consolidated health programs means the programs administered under the provisions of
(A) this subchapter (relating to maternal and child health and services for children with special health care needs),
(B) section 1382d (c) of this title (relating to supplemental security income for disabled children),
(C) sections 247a of this title (relating to lead-based paint poisoning prevention programs), 300b of this title (relating to genetic disease programs), 300c11 of this title (relating to sudden infant death syndrome programs) and 300c21 of this title (relating to hemophilia treatment centers), and
(D) title VI of the Health Services and Centers Amendments of 1978 (Public Law 95626; relating to adolescent pregnancy grants),

as such provisions were in effect before August 13, 1981.

(2) The term low income means, with respect to an individual or family, such an individual or family with an income determined to be below the income official poverty line defined by the Office of Management and Budget and revised annually in accordance with section 9902 (2) of this title.
(3) The term care coordination services means services to promote the effective and efficient organization and utilization of resources to assure access to necessary comprehensive services for children with special health care needs and their families.
(4) The term case management services means
(A) with respect to pregnant women, services to assure access to quality prenatal, delivery, and postpartum care; and
(B) with respect to infants up to age one, services to assure access to quality preventive and primary care services.
(c) 
(1) 
(A) For the purpose of enabling the Secretary (through grants, contracts, or otherwise) to provide for special projects of regional and national significance for the development and support of family-to-family health information centers described in paragraph (2), there is appropriated to the Secretary, out of any money in the Treasury not otherwise appropriated
(i) $3,000,000 for fiscal year 2007;
(ii) $4,000,000 for fiscal year 2008; and
(iii) $5,000,000 for fiscal year 2009.
(B) Funds appropriated or authorized to be appropriated under subparagraph (A) shall
(i) be in addition to amounts appropriated under subsection (a) and retained under section 702 (a)(1) of this title for the purpose of carrying out activities described in subsection (a)(2); and
(ii) remain available until expended.
(2) The family-to-family health information centers described in this paragraph are centers that
(A) assist families of children with disabilities or special health care needs to make informed choices about health care in order to promote good treatment decisions, cost-effectiveness, and improved health outcomes for such children;
(B) provide information regarding the health care needs of, and resources available for, such children;
(C) identify successful health delivery models for such children;
(D) develop with representatives of health care providers, managed care organizations, health care purchasers, and appropriate State agencies, a model for collaboration between families of such children and health professionals;
(E) provide training and guidance regarding caring for such children;
(F) conduct outreach activities to the families of such children, health professionals, schools, and other appropriate entities and individuals; and
(G) are staffed
(i) by such families who have expertise in Federal and State public and private health care systems; and
(ii) by health professionals.
(3) The Secretary shall develop family-to-family health information centers described in paragraph (2) in accordance with the following:
(A) With respect to fiscal year 2007, such centers shall be developed in not less than 25 States.
(B) With respect to fiscal year 2008, such centers shall be developed in not less than 40 States.
(C) With respect to fiscal year 2009 and each fiscal year thereafter, such centers shall be developed in all States.
(4) The provisions of this subchapter that are applicable to the funds made available to the Secretary under section 702 (a)(1) of this title apply in the same manner to funds made available to the Secretary under paragraph (1)(A).
(5) For purposes of this subsection, the term State means each of the 50 States and the District of Columbia.
[1] So in original. Probably should be capitalized.
[2] See References in Text note below.

42 USC 702 - Allotment to States and Federal set-aside

(a) Special projects 

(1) Of the amounts appropriated under section 701 (a) of this title for a fiscal year that are not in excess of $600,000,000, the Secretary shall retain an amount equal to 15 percent for the purpose of carrying out activities described in section 701 (a)(2) of this title. The authority of the Secretary to enter into any contracts under this subchapter is effective for any fiscal year only to such extent or in such amounts as are provided in appropriations Acts.
(2) For purposes of paragraph (1)
(A) amounts retained by the Secretary for training shall be used to make grants to public or nonprofit private institutions of higher learning for training personnel for health care and related services for mothers and children; and
(B) amounts retained by the Secretary for research shall be used to make grants to, contracts with, or jointly financed cooperative agreements with, public or nonprofit institutions of higher learning and public or nonprofit private agencies and organizations engaged in research or in maternal and child health or programs for children with special health care needs for research projects relating to maternal and child health services or services for children with special health care needs which show promise of substantial contribution to the advancement thereof.
(3) No funds may be made available by the Secretary under this subsection or subsection (b) of this section unless an application therefor has been submitted to, and approved by, the Secretary. Such application shall be in such form, be submitted in such manner, and contain and be accompanied by such information as the Secretary may specify. No such application may be approved unless it contains assurances that the applicant will use the funds provided only for the purposes specified in the approved application and will establish such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting of Federal funds paid to the applicant under this subchapter.
(b) Excess funds; preference 

(1) 
(A) Of the amounts appropriated under section 701 (a) of this title for a fiscal year in excess of $600,000,000 the Secretary shall retain an amount equal to 123/4 percent thereof for the projects described in subparagraphs (A) through (F) of section 701 (a)(3) of this title.
(B) Any amount appropriated under section 701 (a) of this title for a fiscal year in excess of $600,000,000 that remains after the Secretary has retained the applicable amount (if any) under subparagraph (A) shall be retained by the Secretary in accordance with subsection (a) of this section and allocated to the States in accordance with subsection (c) of this section.
(2) 
(A) Of the amounts retained for the purpose of carrying out activities described in section 701 (a)(3)(A), (B), (C), (D) and (E) of this title, the Secretary shall provide preference to qualified applicants which demonstrate that the activities to be carried out with such amounts shall be in areas with a high infant mortality rate (relative to the average infant mortality rate in the United States or in the State in which the area is located).
(B) In carrying out activities described in section 701 (a)(3)(D) of this title, the Secretary shall not provide for developing or expanding a maternal and child health center unless the Secretary has received satisfactory assurances that there will be applied, towards the costs of such development or expansion, non-Federal funds in an amount at least equal to the amount of funds provided under this subchapter toward such development or expansion.
(c) Allotments to States 
From the remaining amounts appropriated under section 701 (a) of this title for any fiscal year that are not in excess of $600,000,000, the Secretary shall allot to each State which has transmitted an application for the fiscal year under section 705 (a) of this title, an amount determined as follows:
(1) The Secretary shall determine, for each State
(A) 
(i) the amount provided or allotted by the Secretary to the State and to entities in the State under the provisions of the consolidated health programs (as defined in section 701 (b)(1) of this title), other than for any of the projects or programs described in subsection (a) of this section, from appropriations for fiscal year 1981,
(ii) the proportion that such amount for that State bears to the total of such amounts for all the States, and
(B) 
(i) the number of low income children in the State, and
(ii) the proportion that such number of children for that State bears to the total of such numbers of children for all the States.
(2) Each such State shall be allotted for each fiscal year an amount equal to the sum of
(A) the amount of the allotment to the State under this subsection in fiscal year 1983, and
(B) the States proportion (determined under paragraph (1)(B)(ii)) of the amount by which the allotment available under this subsection for all the States for that fiscal year exceeds the amount that was available under this subsection for allotment for all the States for fiscal year 1983.
(d) Re-allotment of unallotted funds 

(1) To the extent that all the funds appropriated under this subchapter for a fiscal year are not otherwise allotted to States either because all the States have not qualified for such allotments under section 705 (a) of this title for the fiscal year or because some States have indicated in their descriptions of activities under section 705 (a) of this title that they do not intend to use the full amount of such allotments, such excess shall be allotted among the remaining States in proportion to the amount otherwise allotted to such States for the fiscal year without regard to this paragraph.
(2) To the extent that all the funds appropriated under this subchapter for a fiscal year are not otherwise allotted to States because some State allotments are offset under section 706 (b)(2) of this title, such excess shall be allotted among the remaining States in proportion to the amount otherwise allotted to such States for the fiscal year without regard to this paragraph.

42 USC 703 - Payments to States

(a) Statutory provisions applicable 
From the sums appropriated therefor and the allotments available under section 702 (c) of this title, the Secretary shall make payments as provided by section 6503 (a) of title 31 to each State provided such an allotment under section 702 (c) of this title, for each quarter, of an amount equal to four-sevenths of the total of the sums expended by the State during such quarter in carrying out the provisions of this subchapter.
(b) Unobligated allotments 
Any amount payable to a State under this subchapter from allotments for a fiscal year which remains unobligated at the end of such year shall remain available to such State for obligation during the next fiscal year. No payment may be made to a State under this subchapter from allotments for a fiscal year for expenditures made after the following fiscal year.
(c) Reduction of payments; fair market value of supplies or equipment, value of salaries, travel expenses, etc. 
The Secretary, at the request of a State, may reduce the amount of payments under subsection (a) of this section by
(1) the fair market value of any supplies or equipment furnished the State, and
(2) the amount of the pay, allowances, and travel expenses of any officer or employee of the Government when detailed to the State and the amount of any other costs incurred in connection with the detail of such officer or employee,

when the furnishing of supplies or equipment or the detail of an officer or employee is for the convenience of and at the request of the State and for the purpose of conducting activities described in section 705 (a) of this title on a temporary basis. The amount by which any payment is so reduced shall be available for payment by the Secretary of the costs incurred in furnishing the supplies or equipment or in detailing the personnel, on which the reduction of the payment is based, and the amount shall be deemed to be part of the payment and shall be deemed to have been paid to the State.

42 USC 703a - Omitted

42 USC 704 - Use of allotment funds

(a) Covered services 
Except as otherwise provided under this section, a State may use amounts paid to it under section 703 of this title for the provision of health services and related activities (including planning, administration, education, and evaluation and including payment of salaries and other related expenses of National Health Service Corps personnel) consistent with its application transmitted under section 705 (a) of this title.
(b) Restrictions 
Amounts described in subsection (a) of this section may not be used for
(1) inpatient services, other than inpatient services provided to children with special health care needs or to high-risk pregnant women and infants and such other inpatient services as the Secretary may approve;
(2) cash payments to intended recipients of health services;
(3) the purchase or improvement of land, the purchase, construction, or permanent improvement (other than minor remodeling) of any building or other facility, or the purchase of major medical equipment;
(4) satisfying any requirement for the expenditure of non-Federal funds as a condition for the receipt of Federal funds;
(5) providing funds for research or training to any entity other than a public or nonprofit private entity; or
(6) payment for any item or service (other than an emergency item or service) furnished
(A) by an individual or entity during the period when such individual or entity is excluded under this subchapter or subchapter XVIII, XIX, or XX of this chapter pursuant to section 1320a–7, 1320a–7a, 1320c–5, or 1395u (j)(2) of this title, or
(B) at the medical direction or on the prescription of a physician during the period when the physician is excluded under this subchapter or subchapter XVIII, XIX, or XX of this chapter pursuant to section 1320a–7, 1320a–7a, 1320c–5, or 1395u (j)(2) of this title and when the person furnishing such item or service knew or had reason to know of the exclusion (after a reasonable time period after reasonable notice has been furnished to the person).

The Secretary may waive the limitation contained in paragraph (3) upon the request of a State if the Secretary finds that there are extraordinary circumstances to justify the waiver and that granting the waiver will assist in carrying out this subchapter.

(c) Use of portion of funds 
A State may use a portion of the amounts described in subsection (a) of this section for the purpose of purchasing technical assistance from public or private entities if the State determines that such assistance is required in developing, implementing, and administering programs funded under this subchapter.
(d) Limitation on use of funds for administrative costs 
Of the amounts paid to a State under section 703 of this title from an allotment for a fiscal year under section 702 (c) of this title, not more than 10 percent may be used for administering the funds paid under such section.

42 USC 704a - Omitted

42 USC 704b - Nonavailability of allotments after close of fiscal year

No allotment for this or any succeeding fiscal year under this subchapter shall be available after the close of such fiscal year except as may be necessary to liquidate obligations incurred during such year.

42 USC 705 - Application for block grant funds

(a) In order to be entitled to payments for allotments under section 702 of this title for a fiscal year, a State must prepare and transmit to the Secretary an application (in a standardized form specified by the Secretary) that
(1) contains a statewide needs assessment (to be conducted every 5 years) that shall identify (consistent with the health status goals and national health objectives referred to in section 701 (a) of this title) the need for
(A) preventive and primary care services for pregnant women, mothers, and infants up to age one;
(B) preventive and primary care services for children; and
(C) services for children with special health care needs (as specified in section 701 (a)(1)(D) of this title);
(2) includes for each fiscal year
(A) a plan for meeting the needs identified by the statewide needs assessment under paragraph (1); and
(B) a description of how the funds allotted to the State under section 702 (c) of this title will be used for the provision and coordination of services to carry out such plan that shall include
(i) subject to paragraph (3), a statement of the goals and objectives consistent with the health status goals and national health objectives referred to in section 701 (a) of this title for meeting the needs specified in the State plan described in subparagraph (A);
(ii) an identification of the areas and localities in the State in which services are to be provided and coordinated;
(iii) an identification of the types of services to be provided and the categories or characteristics of individuals to be served; and
(iv) information the State will collect in order to prepare reports required under section 706 (a) of this title;
(3) except as provided under subsection (b) of this section, provides that the State will use
(A) at least 30 percent of such payment amounts for preventive and primary care services for children, and
(B) at least 30 percent of such payment amounts for services for children with special health care needs (as specified in section 701 (a)(1)(D) of this title);
(4) provides that a State receiving funds for maternal and child health services under this subchapter shall maintain the level of funds being provided solely by such State for maternal and child health programs at a level at least equal to the level that such State provided for such programs in fiscal year 1989; and
(5) provides that
(A) the State will establish a fair method (as determined by the State) for allocating funds allotted to the State under this subchapter among such individuals, areas, and localities identified under paragraph (1)(A) as needing maternal and child health services, and the State will identify and apply guidelines for the appropriate frequency and content of, and appropriate referral and followup with respect to, health care assessments and services financially assisted by the State under this subchapter and methods for assuring quality assessments and services;
(B) funds allotted to the State under this subchapter will only be used, consistent with section 708 of this title, to carry out the purposes of this subchapter or to continue activities previously conducted under the consolidated health programs (described in section 701 (b)(1) of this title);
(C) the State will use
(i) special consideration (where appropriate) for the continuation of the funding of special projects in the State previously funded under this subchapter (as in effect before August 31, 1981), and
(ii) a reasonable proportion (based upon the States previous use of funds under this subchapter) of such sums to carry out the purposes described in subparagraphs (A) through (D) of section 701 (a)(1) of this title;
(D) if any charges are imposed for the provision of health services assisted by the State under this subchapter, such charges
(i)  will be pursuant to a public schedule of charges,
(ii)  will not be imposed with respect to services provided to low income mothers or children, and
(iii)  will be adjusted to reflect the income, resources, and family size of the individual provided the services;
(E) the State agency (or agencies) administering the States program under this subchapter will provide for a toll-free telephone number (and other appropriate methods) for the use of parents to access information about health care providers and practitioners who provide health care services under this subchapter and subchapter XIX of this chapter and about other relevant health and health-related providers and practitioners; and
(F) the State agency (or agencies) administering the States program under this subchapter will
(i) participate in the coordination of activities between such program and the early and periodic screening, diagnostic, and treatment program under section 1396d (a)(4)(B) of this title (including the establishment of periodicity and content standards for early and periodic screening, diagnostic, and treatment services), to ensure that such programs are carried out without duplication of effort,
(ii) participate in the arrangement and carrying out of coordination agreements described in section 1396a (a)(11) of this title (relating to coordination of care and services available under this subchapter and subchapter XIX of this chapter),
(iii) participate in the coordination of activities within the State with programs carried out under this subchapter and related Federal grant programs (including supplemental food programs for mothers, infants, and children, related education programs, and other health, developmental disability, and family planning programs), and
(iv) provide, directly and through their providers and institutional contractors, for services to identify pregnant women and infants who are eligible for medical assistance under subparagraph (A) or (B) of section 1396a (l)(1) of this title and, once identified, to assist them in applying for such assistance.

The application shall be developed by, or in consultation with, the State maternal and child health agency and shall be made public within the State in such manner as to facilitate comment from any person (including any Federal or other public agency) during its development and after its transmittal.

(b) The Secretary may waive the requirements under subsection (a)(3) of this section that a States application for a fiscal year provide for the use of funds for specific activities if for that fiscal year
(1) the Secretary determines
(A) on the basis of information provided in the States most recent annual report submitted under section 706 (a)(1) of this title, that the State has demonstrated an extraordinary unmet need for one of the activities described in subsection (a)(3) of this section, and
(B) that the granting of the waiver is justified and will assist in carrying out the purposes of this subchapter; and
(2) the State provides assurances to the Secretary that the State will provide for the use of some amounts paid to it under section 703 of this title for the activities described in subparagraphs (A) and (B) of subsection (a)(3) of this section and specifies the percentages to be substituted in each of such subparagraphs.

42 USC 706 - Administrative and fiscal accountability

(a) Annual reporting requirements; form, etc. 

(1) Each State shall prepare and submit to the Secretary annual reports on its activities under this subchapter. Each such report shall be prepared by, or in consultation with, the State maternal and child health agency. In order properly to evaluate and to compare the performance of different States assisted under this subchapter and to assure the proper expenditure of funds under this subchapter, such reports shall be in such standardized form and contain such information (including information described in paragraph (2)) as the Secretary determines (after consultation with the States) to be necessary
(A)  to secure an accurate description of those activities,
(B)  to secure a complete record of the purposes for which funds were spent, of the recipients of such funds,
(C)  to describe the extent to which the State has met the goals and objectives it set forth under section 705 (a)(2)(B)(i) of this title and the national health objectives referred to in section 701 (a) of this title, and
(D)  to determine the extent to which funds were expended consistent with the States application transmitted under section 705 (a) of this title. Copies of the report shall be provided, upon request, to any interested public agency, and each such agency may provide its views on these reports to the Congress.
(2) Each annual report under paragraph (1) shall include the following information:
(A) 
(i) The number of individuals served by the State under this subchapter (by class of individuals).
(ii) The proportion of each class of such individuals which has health coverage.
(iii) The types (as defined by the Secretary) of services provided under this subchapter to individuals within each such class.
(iv) The amounts spent under this subchapter on each type of services, by class of individuals served.
(B) Information on the status of maternal and child health in the State, including
(i) information (by county and by racial and ethnic group) on
(I) the rate of infant mortality, and
(II) the rate of low-birth-weight births;
(ii) information (on a State-wide basis) on
(I) the rate of maternal mortality,
(II) the rate of neonatal death,
(III) the rate of perinatal death,
(IV) the number of children with chronic illness and the type of illness,
(V) the proportion of infants born with fetal alcohol syndrome,
(VI) the proportion of infants born with drug dependency,
(VII) the proportion of women who deliver who do not receive prenatal care during the first trimester of pregnancy, and
(VIII) the proportion of children, who at their second birthday, have been vaccinated against each of measles, mumps, rubella, polio, diphtheria, tetanus, pertussis, Hib meningitis, and hepatitis B; and
(iii) information on such other indicators of maternal, infant, and child health care status as the Secretary may specify.
(C) Information (by racial and ethnic group) on
(i) the number of deliveries in the State in the year, and
(ii) the number of such deliveries to pregnant women who were provided prenatal, delivery, or postpartum care under this subchapter or were entitled to benefits with respect to such deliveries under the State plan under subchapter XIX of this chapter in the year.
(D) Information (by racial and ethnic group) on
(i) the number of infants under one year of age who were in the State in the year, and
(ii) the number of such infants who were provided services under this subchapter or were entitled to benefits under the State plan under subchapter XIX of this chapter or the State plan under subchapter XXI of this chapter at any time during the year.
(E) Information on the number of
(i) obstetricians,
(ii) family practitioners,
(iii) certified family nurse practitioners,
(iv) certified nurse midwives,
(v) pediatricians, and
(vi) certified pediatric nurse practitioners, who were licensed in the State in the year.

For purposes of subparagraph (A), each of the following shall be considered to be a separate class of individuals: pregnant women, infants up to age one, children with special health care needs, other children under age 22, and other individuals.

(3) The Secretary shall annually transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report that includes
(A) a description of each project receiving funding under paragraph (2) or (3) of section 702 (a) of this title, including the amount of Federal funds provided, the number of individuals served or trained, as appropriate, under the project, and a summary of any formal evaluation conducted with respect to the project;
(B) a summary of the information described in paragraph (2)(A) reported by States;
(C) based on information described in paragraph (2)(B) supplied by the States under paragraph (1), a compilation of the following measures of maternal and child health in the United States and in each State:
(i) Information on
(I) the rate of infant mortality, and
(II) the rate of low-birth-weight births.

Information under this clause shall also be compiled by racial and ethnic group.

(ii) Information on
(I) the rate of maternal mortality,
(II) the rate of neonatal death,
(III) the rate of perinatal death,
(IV) the proportion of infants born with fetal alcohol syndrome,
(V) the proportion of infants born with drug dependency,
(VI) the proportion of women who deliver who do not receive prenatal care during the first trimester of pregnancy, and
(VII) the proportion of children, who at their second birthday, have been vaccinated against each of measles, mumps, rubella, polio, diphtheria, tetanus, pertussis, Hib meningitis, and hepatitis B.
(iii) Information on such other indicators of maternal, infant, and child health care status as the Secretary has specified under paragraph (2)(B)(iii).
(iv) Information (by racial and ethnic group) on
(I) the number of deliveries in the State in the year, and
(II) the number of such deliveries to pregnant women who were provided prenatal, delivery, or postpartum care under this subchapter or were entitled to benefits with respect to such deliveries under the State plan under subchapter XIX of this chapter in the year;
(D) based on information described in subparagraphs (C), (D), and (E) of paragraph (2) supplied by the States under paragraph (1), a compilation of the following information in the United States and in each State:
(i) Information on
(I) the number of deliveries in the year, and
(II) the number of such deliveries to pregnant women who were provided prenatal, delivery, or postpartum care under this subchapter or were entitled to benefits with respect to such deliveries under a State plan under subchapter XIX of this chapter in the year.

Information under this clause shall also be compiled by racial and ethnic group.

(ii) Information on
(I) the number of infants under one year of age in the year, and
(II) the number of such infants who were provided services under this subchapter or were entitled to benefits under a State plan under subchapter XIX of this chapter or the State plan under subchapter XXI of this chapter at any time during the year.

Information under this clause shall also be compiled by racial and ethnic group.

(iii) Information on the number of
(I) obstetricians,
(II) family practitioners,
(III) certified family nurse practitioners,
(IV) certified nurse midwives,
(V) pediatricians, and
(VI) certified pediatric nurse practitioners, who were licensed in a State in the year; and
(E) an assessment of the progress being made to meet the health status goals and national health objectives referred to in section 701 (a) of this title.
(b) Audits; implementation, standards, etc. 

(1) Each State shall, not less often than once every two years, audit its expenditures from amounts received under this subchapter. Such State audits shall be conducted by an entity independent of the State agency administering a program funded under this subchapter in accordance with the Comptroller Generals standards for auditing governmental organizations, programs, activities, and functions and generally accepted auditing standards. Within 30 days following the completion of each audit report, the State shall submit a copy of that audit report to the Secretary.
(2) Each State shall repay to the United States amounts found by the Secretary, after notice and opportunity for a hearing to the State, not to have been expended in accordance with this subchapter and, if such repayment is not made, the Secretary may offset such amounts against the amount of any allotment to which the State is or may become entitled under this subchapter or may otherwise recover such amounts.
(3) The Secretary may, after notice and opportunity for a hearing, withhold payment of funds to any State which is not using its allotment under this subchapter in accordance with this subchapter. The Secretary may withhold such funds until the Secretary finds that the reason for the withholding has been removed and there is reasonable assurance that it will not recur.
(c) Public inspection of reports and audits 
The State shall make copies of the reports and audits required by this section available for public inspection within the State.
(d) Access to books, records, etc.; creation of new records 

(1) For the purpose of evaluating and reviewing the block grant established under this subchapter, the Secretary and the Comptroller General shall have access to any books, accounts, records, correspondence, or other documents that are related to such block grant, and that are in the possession, custody, or control of States, political subdivisions thereof, or any of their grantees.
(2) In conjunction with an evaluation or review under paragraph (1), no State or political subdivision thereof (or grantee of either) shall be required to create or prepare new records to comply with paragraph (1).
(3) For other provisions relating to deposit, accounting, reports, and auditing with respect to Federal grants to States, see section 6503 (b)1 of title 31.
[1] See References in Text note below.

42 USC 707 - Criminal penalty for false statements

(a) Whoever
(1) knowingly and willfully makes or causes to be made any false statement or representation of a material fact in connection with the furnishing of items or services for which payment may be made by a State from funds allotted to the State under this subchapter, or
(2) having knowledge of the occurrence of any event affecting his initial or continued right to any such payment conceals or fails to disclose such event with an intent fraudulently to secure such payment either in a greater amount than is due or when no such payment is authorized,

shall be fined not more than $25,000 or imprisoned for not more than five years, or both.

(b) For civil monetary penalties for certain submissions of false claims, see section 1320a–7a of this title.

42 USC 708 - Nondiscrimination provisions

(a) Federally funded activities 

(1) For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], on the basis of handicap under section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], on the basis of sex under title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], or on the basis of race, color, or national origin under title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], programs and activities funded in whole or in part with funds made available under this subchapter are considered to be programs and activities receiving Federal financial assistance.
(2) No person shall on the ground of sex or religion be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds made available under this subchapter.
(b) Compliance 
Whenever the Secretary finds that a State, or an entity that has received a payment from an allotment to a State under section 702 (c) of this title, has failed to comply with a provision of law referred to in subsection (a)(1) of this section, with subsection (a)(2) of this section, or with an applicable regulation (including one prescribed to carry out subsection (a)(2) of this section), he shall notify the chief executive officer of the State and shall request him to secure compliance. If within a reasonable period of time, not to exceed sixty days, the chief executive officer fails or refuses to secure compliance, the Secretary may
(1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted,
(2) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], or section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], as may be applicable, or
(3) take such other action as may be provided by law.
(c) Authority of Attorney General; civil actions 
When a matter is referred to the Attorney General pursuant to subsection (b)(1) of this section, or whenever he has reason to believe that the entity is engaged in a pattern or practice in violation of a provision of law referred to in subsection (a)(1) of this section or in violation of subsection (a)(2) of this section, the Attorney General may bring a civil action in any appropriate district court of the United States for such relief as may be appropriate, including injunctive relief.

42 USC 709 - Administration of Federal and State programs

(a) The Secretary shall designate an identifiable administrative unit with expertise in maternal and child health within the Department of Health and Human Services, which unit shall be responsible for
(1) the Federal program described in section 702 (a) of this title;
(2) promoting coordination at the Federal level of the activities authorized under this subchapter and under subchapter XIX of this chapter, especially early and periodic screening, diagnosis and treatment, related activities funded by the Departments of Agriculture and Education, and under health block grants and categorical health programs, such as immunizations, administered by the Secretary;
(3) disseminating information to the States in such areas as preventive health services and advances in the care and treatment of mothers and children;
(4) providing technical assistance, upon request, to the States in such areas as program planning, establishment of goals and objectives, standards of care, and evaluation and in developing consistent and accurate data collection mechanisms in order to report the information required under section 706 (a)(2) of this title;
(5) in cooperation with the National Center for Health Statistics and in a manner that avoids duplication of data collection, collection, maintenance, and dissemination of information relating to the health status and health service needs of mothers and children in the United States;
(6) assisting in the preparation of reports to the Congress on the activities funded and accomplishments achieved under this subchapter from the information required to be reported by the States under sections 705 (a) and 706 of this title; and[1]
(7) assisting States in the development of care coordination services (as defined in section 701 (b)(3) of this title); and
(8) developing and making available to the State agency (or agencies) administering the States program under this subchapter a national directory listing by State the toll-free numbers described in section 705 (a)(5)(E) of this title.
(b) The State health agency of each State shall be responsible for the administration (or supervision of the administration) of programs carried out with allotments made to the State under this subchapter, except that, in the case of a State which on July 1, 1967, provided for administration (or supervision thereof) of the State plan under this subchapter (as in effect on such date) by a State agency other than the State health agency, that State shall be considered to comply[2] the requirement of this subsection if it would otherwise comply but for the fact that such other State agency administers (or supervises the administration of) any such program providing services for children with special health care needs.
[1] So in original. The word “and” probably should not appear.
[2] So in original. Probably should be “comply with”.

42 USC 710 - Separate program for abstinence education

(a) In general 
For the purpose described in subsection (b) of this section, the Secretary shall, for fiscal year 1998 and each subsequent fiscal year, allot to each State which has transmitted an application for the fiscal year under section 705 (a) of this title an amount equal to the product of
(1) the amount appropriated in subsection (d) of this section for the fiscal year; and
(2) the percentage determined for the State under section 702 (c)(1)(B)(ii) of this title.
(b) Purpose of allotment 

(1) The purpose of an allotment under subsection (a) of this section to a State is to enable the State to provide abstinence education, and at the option of the State, where appropriate, mentoring, counseling, and adult supervision to promote abstinence from sexual activity, with a focus on those groups which are most likely to bear children out-of-wedlock.
(2) For purposes of this section, the term abstinence education means an educational or motivational program which
(A) has as its exclusive purpose, teaching the social, psychological, and health gains to be realized by abstaining from sexual activity;
(B) teaches abstinence from sexual activity outside marriage as the expected standard for all school age children;
(C) teaches that abstinence from sexual activity is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases, and other associated health problems;
(D) teaches that a mutually faithful monogamous relationship in context of marriage is the expected standard of human sexual activity;
(E) teaches that sexual activity outside of the context of marriage is likely to have harmful psychological and physical effects;
(F) teaches that bearing children out-of-wedlock is likely to have harmful consequences for the child, the childs parents, and society;
(G) teaches young people how to reject sexual advances and how alcohol and drug use increases vulnerability to sexual advances; and
(H) teaches the importance of attaining self-sufficiency before engaging in sexual activity.
(c) Applicability of sections 703, 707, and 708 

(1) Sections 703, 707, and 708 of this title apply to allotments under subsection (a) of this section to the same extent and in the same manner as such sections apply to allotments under section 702 (c) of this title.
(2) Sections 705 and 706 of this title apply to allotments under subsection (a) of this section to the extent determined by the Secretary to be appropriate.
(d) Appropriations 
For the purpose of allotments under subsection (a) of this section, there is appropriated, out of any money in the Treasury not otherwise appropriated, an additional $50,000,000 for each of the fiscal years 1998 through 2003. The appropriation under the preceding sentence for a fiscal year is made on October 1 of the fiscal year.

711 to 716. Omitted

721 to 728. Repealed. Pub. L. 90248, title II, 240(e)(1), Jan. 2, 1968, 81 Stat. 915

Section 721, acts Aug. 14, 1935, ch. 531, title V, 521, 49 Stat. 633; Aug. 10, 1939, ch. 666, title V, 507(c), 53 Stat. 1381; 1940 Reorg. Plan No. III, 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; 1946 Reorg. Plan. No. 2, 1, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Aug. 10, 1946, ch. 951, title IV, 401(b)(7), 60 Stat. 986; Aug. 28, 1950, ch. 809, title III, pt. 3, 331(e), pt. 6, 361(e), 64 Stat. 552, 558; Aug. 1, 1956, ch. 836, title IV, 402, 70 Stat. 856; Aug. 28, 1958, Pub. L. 85–840, title VI, § 601, 72 Stat. 1052; Sept. 13, 1960, Pub. L. 86–778, title VII, § 707(a)(3)(A), 74 Stat. 996; July 25, 1962, Pub. L. 87–543, title I, § 102(a), (d)(1), 76 Stat. 182, 184; July 30, 1965, Pub. L. 89–97, title II, § 207, 79 Stat. 355, authorized appropriations for child-welfare services. Section 722, act Aug. 14, 1935, ch. 531, title V, 522, as added Aug. 28, 1958, Pub. L. 85–840, title VI, § 601, 72 Stat. 1053; amended Sept. 13, 1960, Pub. L. 86–778, title VII, § 707(a)(3)(B), 74 Stat. 996; July 25, 1962, Pub. L. 87–543, title I, § 102(c)(1), 76 Stat. 183; July 30, 1965, Pub. L. 89–97, title II, § 208(b), 79 Stat. 355, provided for allotments to States. Section 723, act Aug. 14, 1935, ch. 531, title V, 523, as added Aug. 28, 1958, Pub. L. 85–840, title VI, § 601, 72 Stat. 1053; amended July 25, 1962, Pub. L. 87–543, title I, § 102(b), 76 Stat. 182; July 30, 1965, Pub. L. 89–97, title II, § 208(c), 79 Stat. 356, provided for payment to States and computation of amounts. Section 724, act Aug. 14, 1935, ch. 531, title V, 524, as added Aug. 28, 1958, Pub. L. 85–840, title VI, § 601, 72 Stat. 1054; amended June 25, 1959, Pub. L. 86–70, § 32(b), 73 Stat. 149; July 12, 1960, Pub. L. 86–624, § 30(b), 74 Stat. 420, provided for allotment percentage and Federal share. Section 725, act Aug. 14, 1935, ch. 531, title V, 525, as added Aug. 28, 1958, Pub. L. 85–840, title VI, § 601, 72 Stat. 1054, provided for reallotment of allotments to States. Section 726, act Aug. 14, 1935, ch. 531, title V, 526, as added Sept. 13, 1960, Pub. L. 86–778, title VII, § 707(b)(3), 74 Stat. 997; amended July 25, 1962, Pub. L. 87–543, title I, § 123(d), 76 Stat. 193, provided for research, training, or demonstration projects. Section 727, act Aug. 14, 1935, ch. 531, title V, 527, as added July 25, 1962, Pub. L. 87–543, title I, § 102(c)(2), 76 Stat. 183, provided for allotments and reallotment of allotments to States for day care services. Section had been previously repealed by Pub. L. 89–97, title II, § 208(a)(1), July 30, 1965, 79 Stat. 355, effective Jan. 1, 1966, under section 208(d) of Pub. L. 89–97. Section 728, act Aug. 14, 1935, ch. 531, title V, 528, as added July 25, 1962, Pub. L. 87–543, title I, § 102(d)(2), 76 Stat. 184, defined child-welfare services.

729 to 729a, 731. Omitted