---
kind: "range"
citation: "42 U.S.C. §§ 703–707"
title: "42"
from: "703"
to: "707"
count: 8
release: "119-102"
url: "https://uscodex.org/usc/42/703..707"
---

# §703. Payments to States

- (a) **Statutory provisions applicable—** From the sums appropriated therefor and the allotments available under [section 702(c) of this title](/usc/42/702.md?p=c), the [Secretary](/usc/42/1301.md?p=a-6) shall make payments as provided by [section 6503(a) of title 31](/usc/31/6503.md?p=a) to each [State](/usc/42/1397n–12.md?p=6) provided such an allotment under [section 702(c) of this title](/usc/42/702.md?p=c), for each quarter, of an amount equal to four-sevenths of the total of the sums expended by the [State](/usc/42/1397n–12.md?p=6) during such quarter in carrying out the provisions of this subchapter.
- (b) **Unobligated allotments—** Any amount payable to a [State](/usc/42/1397n–12.md?p=6) under this subchapter from allotments for a fiscal year which remains unobligated at the end of such year shall remain available to such [State](/usc/42/1397n–12.md?p=6) for obligation during the next fiscal year. No payment may be made to a [State](/usc/42/1397n–12.md?p=6) 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](/usc/42/1301.md?p=a-6), at the request of a [State](/usc/42/1397n–12.md?p=6), may reduce the amount of payments under [subsection (a)](#a) by—
  - (1) the fair market value of any supplies or equipment furnished the [State](/usc/42/1397n–12.md?p=6), and
  - (2) the amount of the pay, allowances, and travel expenses of any officer or [employee](/usc/42/1320a–7h.md?p=e-7) of the Government when detailed to the [State](/usc/42/1397n–12.md?p=6) and the amount of any other costs incurred in connection with the detail of such officer or [employee](/usc/42/1320a–7h.md?p=e-7),

  when the furnishing of supplies or equipment or the detail of an officer or [employee](/usc/42/1320a–7h.md?p=e-7) is for the convenience of and at the request of the [State](/usc/42/1397n–12.md?p=6) and for the purpose of conducting activities described in [section 705(a) of this title](/usc/42/705.md?p=a) on a temporary basis. The amount by which any payment is so reduced shall be available for payment by the [Secretary](/usc/42/1301.md?p=a-6) 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](/usc/42/1397n–12.md?p=6).


# [§703a. Omitted — omitted]



# §704. Use of allotment funds

- (a) **Covered services—** Except as otherwise provided under this section, a [State](/usc/42/1397n–12.md?p=6) may use amounts paid to it under [section 703 of this title](/usc/42/703.md) for the provision of health services and related activities ([including](/usc/42/1301.md?p=b) planning, [administration](/usc/42/1301.md?p=a-10), education, and evaluation and [including](/usc/42/1301.md?p=b) payment of salaries and other related expenses of National Health Service [Corps](/usc/42/12626.md?p=3) personnel) consistent with its application transmitted under [section 705(a) of this title](/usc/42/705.md?p=a).
- (b) **Restrictions—** Amounts described in [subsection (a)](#a) may not be used for—
  - (1) inpatient services, other than inpatient services provided to [children](/usc/42/256e.md?p=g-2) with special health care needs or to high-risk pregnant women and infants and such other inpatient services as the [Secretary](/usc/42/1301.md?p=a-6) may approve;
  - (2) cash payments to intended [recipients](/usc/42/2996a.md?p=6) of health services;
  - (3) the purchase or improvement of land, the purchase, [construction](/usc/42/7479.md?p=2-C), or permanent improvement (other than minor remodeling) of any [building](/usc/42/6881.md?p=i-3) or other [facility](/usc/42/11049.md?p=4), or the purchase of major medical equipment;
  - (4) satisfying any requirement for the expenditure of non-Federal [funds](/usc/42/12854.md?p=3) as a condition for the receipt of Federal [funds](/usc/42/12854.md?p=3);
  - (5) providing [funds](/usc/42/12854.md?p=3) for research or [training](/usc/42/285e–2.md?p=b-2) to any entity other than a public or nonprofit [private entity](/usc/42/12181.md?p=6); 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 pursuant to section [1320a–7](/usc/42/1320a–7.md), [1320a–7a](/usc/42/1320a–7a.md), [1320c–5](/usc/42/1320c–5.md), or [1395u(j)(2)](/usc/42/1395u.md?p=j-2) of this title, or
    - (B) at the medical direction or on the prescription of a [physician](/usc/42/1301.md?p=a-7) during the period when the [physician](/usc/42/1301.md?p=a-7) is excluded under this subchapter or subchapter XVIII, XIX, or XX pursuant to section [1320a–7](/usc/42/1320a–7.md), [1320a–7a](/usc/42/1320a–7a.md), [1320c–5](/usc/42/1320c–5.md), or [1395u(j)(2)](/usc/42/1395u.md?p=j-2) of this title and when the [person](/usc/42/1301.md?p=a-3) 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](/usc/42/1301.md?p=a-3)).

  The [Secretary](/usc/42/1301.md?p=a-6) may waive the limitation contained in [paragraph (3)](#b-3) upon the request of a [State](/usc/42/1397n–12.md?p=6) if the [Secretary](/usc/42/1301.md?p=a-6) 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](/usc/42/1397n–12.md?p=6) may use a portion of the amounts described in [subsection (a)](#a) for the purpose of purchasing technical assistance from public or [private entities](/usc/42/12181.md?p=6) if the [State](/usc/42/1397n–12.md?p=6) determines that such assistance is required in developing, implementing, and administering [programs](/usc/42/274l–1.md?p=4) funded under this subchapter.
- (d) **Limitation on use of funds for administrative costs—** Of the amounts paid to a [State](/usc/42/1397n–12.md?p=6) under [section 703 of this title](/usc/42/703.md) from an allotment for a fiscal year under [section 702(c) of this title](/usc/42/702.md?p=c), not more than 10 percent may be used for administering the [funds](/usc/42/12854.md?p=3) paid under such section.

# [§704a. Omitted — omitted]



# §704b. Nonavailability of allotments after close of fiscal year


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


# §705. Application for block grant funds

- (a) In order to be entitled to payments for allotments under [section 702 of this title](/usc/42/702.md) for a fiscal year, a [State](/usc/42/1397n–12.md?p=6) must prepare and transmit to the [Secretary](/usc/42/1301.md?p=a-6) an application (in a standardized form specified by the [Secretary](/usc/42/1301.md?p=a-6)) 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](/usc/42/701.md?p=a)) 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](/usc/42/256e.md?p=g-2); and
    - (C) services for [children](/usc/42/256e.md?p=g-2) with special health care needs (as specified in [section 701(a)(1)(D) of this title](/usc/42/701.md?p=a-1-D));
  - (2) [includes](/usc/42/1301.md?p=b) for each fiscal year—
    - (A) a plan for meeting the needs identified by the statewide needs assessment under [paragraph (1)](#a-1); and
    - (B) a description of how the [funds](/usc/42/12854.md?p=3) allotted to the [State](/usc/42/1397n–12.md?p=6) under [section 702(c) of this title](/usc/42/702.md?p=c) will be used for the provision and coordination of services to carry out such plan that shall include—
      - (i) subject to [paragraph (3)](#a-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](/usc/42/701.md?p=a) for meeting the needs specified in the [State](/usc/42/1397n–12.md?p=6) plan described in [subparagraph (A)](#a-2-A);
      - (ii) an identification of the areas and localities in the [State](/usc/42/1397n–12.md?p=6) in which services are to be provided and coordinated;
      - (iii) an identification of the types of services to be provided and the [categories](/usc/42/1395w–4.md?p=j-1) or characteristics of individuals to be served; and
      - (iv) information the [State](/usc/42/1397n–12.md?p=6) will collect in order to prepare reports required under [section 706(a) of this title](/usc/42/706.md?p=a);
  - (3) except as provided under [subsection (b)](#b), provides that the [State](/usc/42/1397n–12.md?p=6) will use—
    - (A) at least 30 percent of such payment amounts for preventive and primary care services for [children](/usc/42/256e.md?p=g-2), and
    - (B) at least 30 percent of such payment amounts for services for [children](/usc/42/256e.md?p=g-2) with special health care needs (as specified in [section 701(a)(1)(D) of this title](/usc/42/701.md?p=a-1-D));
  - (4) provides that a [State](/usc/42/1397n–12.md?p=6) receiving [funds](/usc/42/12854.md?p=3) for maternal and [child](/usc/42/416.md?p=e) health services under this subchapter shall maintain the level of [funds](/usc/42/12854.md?p=3) being provided solely by such [State](/usc/42/1397n–12.md?p=6) for maternal and [child](/usc/42/416.md?p=e) health [programs](/usc/42/274l–1.md?p=4) at a level at least equal to the level that such [State](/usc/42/1397n–12.md?p=6) provided for such [programs](/usc/42/274l–1.md?p=4) in fiscal year 1989; and
  - (5) provides that—
    - (A) the [State](/usc/42/1397n–12.md?p=6) will establish a fair method (as determined by the [State](/usc/42/1397n–12.md?p=6)) for allocating [funds](/usc/42/12854.md?p=3) allotted to the [State](/usc/42/1397n–12.md?p=6) under this subchapter among such individuals, areas, and localities identified under [paragraph (1)(A)](#a-1-A) as needing maternal and [child](/usc/42/416.md?p=e) health services, and the [State](/usc/42/1397n–12.md?p=6) 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](/usc/42/1397n–12.md?p=6) under this subchapter and methods for assuring quality assessments and services;
    - (B) [funds](/usc/42/12854.md?p=3) allotted to the [State](/usc/42/1397n–12.md?p=6) under this subchapter will only be used, consistent with [section 708 of this title](/usc/42/708.md), to carry out the purposes of this subchapter or to continue activities previously conducted under the [consolidated health programs](/usc/42/701.md?p=b-1) (described in [section 701(b)(1) of this title](/usc/42/701.md?p=b-1));
    - (C) the [State](/usc/42/1397n–12.md?p=6) will use—
      - (i) special consideration (where appropriate) for the continuation of the funding of special [projects](/usc/42/11360.md?p=20) in the [State](/usc/42/1397n–12.md?p=6) previously funded under this subchapter (as in effect before August 31, 1981), and
      - (ii) a reasonable proportion (based upon the [State](/usc/42/1397n–12.md?p=6)’s previous use of [funds](/usc/42/12854.md?p=3) 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](/usc/42/701.md?p=a-1);
    - (D) if any charges are imposed for the provision of health services assisted by the [State](/usc/42/1397n–12.md?p=6) 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](/usc/42/701.md?p=b-2) mothers or [children](/usc/42/256e.md?p=g-2), and (iii) will be adjusted to reflect the [income](/usc/42/292s.md?p=c-4), resources, and [family](/usc/42/290ff–4.md?p=d-2) size of the individual provided the services;
    - (E) the [State agency](/usc/42/1320a–7a.md?p=i-1) (or [agencies](/usc/42/1397n–12.md?p=1)) administering the [State](/usc/42/1397n–12.md?p=6)’s [program](/usc/42/274l–1.md?p=4) under this subchapter will provide for a toll-free telephone number (and other appropriate methods) for the use of [parents](/usc/42/1396a.md?p=k-3) to access information about [health care providers](/usc/42/300jj.md?p=3) and [practitioners](/usc/42/1395a.md?p=b-6-C) who provide health care services under this subchapter and subchapter XIX and about other relevant health and health-related providers and [practitioners](/usc/42/1395a.md?p=b-6-C); and
    - (F) the [State agency](/usc/42/1320a–7a.md?p=i-1) (or [agencies](/usc/42/1397n–12.md?p=1)) administering the [State](/usc/42/1397n–12.md?p=6)’s [program](/usc/42/274l–1.md?p=4) under this subchapter will—
      - (i) participate in the coordination of activities between such [program](/usc/42/274l–1.md?p=4) and the early and periodic screening, diagnostic, and [treatment](/usc/42/11851.md?p=11) [program](/usc/42/274l–1.md?p=4) under [section 1396d(a)(4)(B) of this title](/usc/42/1396d.md) ([including](/usc/42/1301.md?p=b) the establishment of periodicity and content [standards](/usc/42/1320d.md?p=7) for early and periodic screening, diagnostic, and [treatment services](/usc/42/300x–34.md?p=7)), to ensure that such [programs](/usc/42/274l–1.md?p=4) are carried out without duplication of effort,
      - (ii) participate in the arrangement and carrying out of coordination [agreements](/usc/42/1320b–8.md?p=a-3-A) described in [section 1396a(a)(11) of this title](/usc/42/1396a.md?p=a-11) (relating to coordination of care and services available under this subchapter and subchapter XIX),
      - (iii) participate in the coordination of activities within the [State](/usc/42/1397n–12.md?p=6) with [programs](/usc/42/274l–1.md?p=4) carried out under this subchapter and related Federal [grant](/usc/42/1397j.md?p=10) [programs](/usc/42/274l–1.md?p=4) ([including](/usc/42/1301.md?p=b) supplemental food [programs](/usc/42/274l–1.md?p=4) for mothers, infants, and [children](/usc/42/256e.md?p=g-2), related education [programs](/usc/42/274l–1.md?p=4), and other health, [developmental disability](/usc/42/280i.md?p=d-2), and [family](/usc/42/290ff–4.md?p=d-2) planning [programs](/usc/42/274l–1.md?p=4)), 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)](/usc/42/1396a.md?p=l-1-A) or [(B)](/usc/42/1396a.md?p=l-1-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](/usc/42/1397n–12.md?p=6) maternal and [child](/usc/42/416.md?p=e) health [agency](/usc/42/1397n–12.md?p=1) and shall be made public within the [State](/usc/42/1397n–12.md?p=6) in such manner as to facilitate comment from any [person](/usc/42/1301.md?p=a-3) ([including](/usc/42/1301.md?p=b) any Federal or other [public agency](/usc/42/11851.md?p=8)) during its development and after its transmittal.

- (b) The [Secretary](/usc/42/1301.md?p=a-6) may waive the requirements under [subsection (a)(3)](#a-3) that a [State](/usc/42/1397n–12.md?p=6)’s application for a fiscal year provide for the use of [funds](/usc/42/12854.md?p=3) for specific activities if for that fiscal year—
  - (1) the [Secretary](/usc/42/1301.md?p=a-6) determines—
    - (A) on the basis of information provided in the [State](/usc/42/1397n–12.md?p=6)’s most recent annual report submitted under [section 706(a)(1) of this title](/usc/42/706.md?p=a-1), that the [State](/usc/42/1397n–12.md?p=6) has demonstrated an extraordinary unmet need for one of the activities described in [subsection (a)(3)](#a-3), 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](/usc/42/1397n–12.md?p=6) provides assurances to the [Secretary](/usc/42/1301.md?p=a-6) that the [State](/usc/42/1397n–12.md?p=6) will provide for the use of some amounts paid to it under [section 703 of this title](/usc/42/703.md) for the activities described in subparagraphs [(A)](#a-3-A) and [(B)](#a-3-B) of subsection (a)(3) and specifies the percentages to be substituted in each of such subparagraphs.

# §706. Administrative and fiscal accountability

- (a) **Annual reporting requirements; form, etc.**
  - (1) Each [State](/usc/42/1397n–12.md?p=6) shall prepare and submit to the [Secretary](/usc/42/1301.md?p=a-6) annual reports on its activities under this subchapter. Each such report shall be prepared by, or in consultation with, the [State](/usc/42/1397n–12.md?p=6) maternal and [child](/usc/42/416.md?p=e) health [agency](/usc/42/1397n–12.md?p=1). In order properly to evaluate and to compare the performance of different [States](/usc/42/1397n–12.md?p=6) assisted under this subchapter and to assure the proper expenditure of [funds](/usc/42/12854.md?p=3) under this subchapter, such reports shall be in such standardized form and contain such information ([including](/usc/42/1301.md?p=b) information described in [paragraph (2)](#a-2)) as the [Secretary](/usc/42/1301.md?p=a-6) determines (after consultation with the [States](/usc/42/1397n–12.md?p=6)) to be necessary (A) to secure an accurate description of those activities, (B) to secure a complete record of the purposes for which [funds](/usc/42/12854.md?p=3) were spent, of the [recipients](/usc/42/2996a.md?p=6) of such [funds](/usc/42/12854.md?p=3),,[^1] (C) to describe the extent to which the [State](/usc/42/1397n–12.md?p=6) has met the goals and objectives it set forth under [section 705(a)(2)(B)(i) of this title](/usc/42/705.md?p=a-2-B-i) and the national health objectives referred to in [section 701(a) of this title](/usc/42/701.md?p=a), and (D) to determine the extent to which [funds](/usc/42/12854.md?p=3) were expended consistent with the [State](/usc/42/1397n–12.md?p=6)’s application transmitted under [section 705(a) of this title](/usc/42/705.md?p=a). Copies of the report shall be provided, upon request, to any interested [public agency](/usc/42/11851.md?p=8), and each such [agency](/usc/42/1397n–12.md?p=1) may provide its views on these reports to the Congress.
  - (2) Each annual report under [paragraph (1)](#a-1) shall include the following information:
    - (A)
      - (i) The number of individuals served by the [State](/usc/42/1397n–12.md?p=6) 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](/usc/42/1301.md?p=a-6)) 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](/usc/42/416.md?p=e) health in the [State](/usc/42/1397n–12.md?p=6), [including](/usc/42/1301.md?p=b)—
      - (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](/usc/42/1397n–12.md?p=6)-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](/usc/42/256e.md?p=g-2) 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](/usc/42/282.md?p=j-1-A-vii) 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](/usc/42/256e.md?p=g-2), 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](/usc/42/416.md?p=e) health care status as the [Secretary](/usc/42/1301.md?p=a-6) may specify.
    - (C) Information (by racial and ethnic group) on—
      - (i) the number of deliveries in the [State](/usc/42/1397n–12.md?p=6) 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](/usc/42/1397n–12.md?p=6) plan under subchapter XIX 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](/usc/42/1397n–12.md?p=6) 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](/usc/42/1397n–12.md?p=6) plan under subchapter XIX or the [State](/usc/42/1397n–12.md?p=6) plan under subchapter XXI at any time during the year.
    - (E) Information on the number of—
      - (i) [obstetricians](/usc/42/1396r–4.md?p=d-2-B),
      - (ii) [family](/usc/42/290ff–4.md?p=d-2) [practitioners](/usc/42/1395a.md?p=b-6-C),
      - (iii) certified [family](/usc/42/290ff–4.md?p=d-2) nurse [practitioners](/usc/42/1395a.md?p=b-6-C),
      - (iv) certified nurse midwives,
      - (v) pediatricians, and
      - (vi) certified pediatric nurse [practitioners](/usc/42/1395a.md?p=b-6-C),

      who were licensed in the [State](/usc/42/1397n–12.md?p=6) in the year.

    For purposes of [subparagraph (A)](#a-2-A), each of the following shall be considered to be a separate class of individuals: pregnant women, infants up to age one, [children](/usc/42/256e.md?p=g-2) with special health care needs, other [children](/usc/42/256e.md?p=g-2) under age 22, and other individuals.

  - (3) The [Secretary](/usc/42/1301.md?p=a-6) shall annually transmit to the Committee on [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on Finance of the Senate a report that [includes](/usc/42/1301.md?p=b)—
    - (A) a description of each [project](/usc/42/11360.md?p=20) receiving funding under paragraph (2) or (3) of [section 702(a) of this title](/usc/42/702.md?p=a), [including](/usc/42/1301.md?p=b) the amount of Federal [funds](/usc/42/12854.md?p=3) provided, the number of individuals served or trained, as appropriate, under the [project](/usc/42/11360.md?p=20), and a summary of any formal evaluation conducted with respect to the [project](/usc/42/11360.md?p=20);
    - (B) a summary of the information described in [paragraph (2)(A)](#a-2-A) reported by [States](/usc/42/1397n–12.md?p=6);
    - (C) based on information described in [paragraph (2)(B)](#a-2-B) supplied by the [States](/usc/42/1397n–12.md?p=6) under [paragraph (1)](#a-1), a compilation of the following measures of maternal and [child](/usc/42/416.md?p=e) health in the [United States](/usc/42/1301.md?p=a-2) and in each [State](/usc/42/1397n–12.md?p=6):
      - (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](/usc/42/282.md?p=j-1-A-vii) 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](/usc/42/256e.md?p=g-2), 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](/usc/42/416.md?p=e) health care status as the [Secretary](/usc/42/1301.md?p=a-6) has specified under [paragraph (2)(B)(iii)](#a-2-B-iii).
      - (iv) Information (by racial and ethnic group) on—
        - (I) the number of deliveries in the [State](/usc/42/1397n–12.md?p=6) 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](/usc/42/1397n–12.md?p=6) plan under subchapter XIX in the year;
    - (D) based on information described in subparagraphs [(C)](#a-2-C), [(D)](#a-2-D), and [(E)](#a-2-E) of paragraph (2) supplied by the [States](/usc/42/1397n–12.md?p=6) under [paragraph (1)](#a-1), a compilation of the following information in the [United States](/usc/42/1301.md?p=a-2) and in each [State](/usc/42/1397n–12.md?p=6):
      - (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](/usc/42/1397n–12.md?p=6) plan under subchapter XIX 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](/usc/42/1397n–12.md?p=6) plan under subchapter XIX or the [State](/usc/42/1397n–12.md?p=6) plan under subchapter XXI 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](/usc/42/1396r–4.md?p=d-2-B),
        - (II) [family](/usc/42/290ff–4.md?p=d-2) [practitioners](/usc/42/1395a.md?p=b-6-C),
        - (III) certified [family](/usc/42/290ff–4.md?p=d-2) nurse [practitioners](/usc/42/1395a.md?p=b-6-C),
        - (IV) certified nurse midwives,
        - (V) pediatricians, and
        - (VI) certified pediatric nurse [practitioners](/usc/42/1395a.md?p=b-6-C),

        who were licensed in a [State](/usc/42/1397n–12.md?p=6) 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](/usc/42/701.md?p=a).
- (b) **Audits; implementation, standards, etc.**
  - (1) Each [State](/usc/42/1397n–12.md?p=6) shall, not less often than once every two years, audit its expenditures from amounts received under this subchapter. Such [State](/usc/42/1397n–12.md?p=6) audits shall be conducted by an entity independent of the [State agency](/usc/42/1320a–7a.md?p=i-1) administering a [program](/usc/42/274l–1.md?p=4) funded under this subchapter in accordance with the Comptroller General’s [standards](/usc/42/1320d.md?p=7) for auditing governmental organizations, [programs](/usc/42/274l–1.md?p=4), activities, and functions and generally accepted auditing [standards](/usc/42/1320d.md?p=7). Within 30 days following the completion of each audit report, the [State](/usc/42/1397n–12.md?p=6) shall submit a copy of that audit report to the [Secretary](/usc/42/1301.md?p=a-6).
  - (2) Each [State](/usc/42/1397n–12.md?p=6) shall repay to the [United States](/usc/42/1301.md?p=a-2) amounts found by the [Secretary](/usc/42/1301.md?p=a-6), after notice and opportunity for a hearing to the [State](/usc/42/1397n–12.md?p=6), not to have been expended in accordance with this subchapter and, if such repayment is not made, the [Secretary](/usc/42/1301.md?p=a-6) may offset such amounts against the amount of any allotment to which the [State](/usc/42/1397n–12.md?p=6) is or may become entitled under this subchapter or may otherwise recover such amounts.
  - (3) The [Secretary](/usc/42/1301.md?p=a-6) may, after notice and opportunity for a hearing, withhold payment of [funds](/usc/42/12854.md?p=3) to any [State](/usc/42/1397n–12.md?p=6) which is not using its allotment under this subchapter in accordance with this subchapter. The [Secretary](/usc/42/1301.md?p=a-6) may withhold such [funds](/usc/42/12854.md?p=3) until the [Secretary](/usc/42/1301.md?p=a-6) 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](/usc/42/1397n–12.md?p=6) shall make copies of the reports and audits required by this section available for public [inspection](/usc/42/4851b.md?p=12) within the [State](/usc/42/1397n–12.md?p=6).
- (d) **Access to books, records, etc.; creation of new records—**
  - (1) For the purpose of evaluating and reviewing the block [grant](/usc/42/1397j.md?p=10) established under this subchapter, the [Secretary](/usc/42/1301.md?p=a-6) and the Comptroller General shall have access to any books, accounts, records, correspondence, or other documents that are related to such block [grant](/usc/42/1397j.md?p=10), and that are in the possession, custody, or control of [States](/usc/42/1397n–12.md?p=6), political subdivisions thereof, or any of their grantees.
  - (2) In conjunction with an evaluation or review under [paragraph (1)](#d-1), no [State](/usc/42/1397n–12.md?p=6) or political subdivision thereof (or grantee of either) shall be required to create or prepare new rec­ords to comply with [paragraph (1)](#d-1).
  - (3) For other provisions relating to deposit, accounting, reports, and auditing with respect to Federal [grants](/usc/42/1397j.md?p=10) to [States](/usc/42/1397n–12.md?p=6), see [section 6503(b)](/usc/42/6503.md?p=b)[^2] of [title 31](/usc/31.md).

# §707. Criminal penalty for false statements

- (a) Whoever—
  - (1) knowingly and willfully makes or [causes](/usc/42/9908.md?p=c-2) 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](/usc/42/1397n–12.md?p=6) from [funds](/usc/42/12854.md?p=3) allotted to the [State](/usc/42/1397n–12.md?p=6) 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](/usc/42/1320a–7a.md?p=i-2), see [section 1320a–7a of this title](/usc/42/1320a–7a.md).