42 U.S.C. § 707 — Criminal penalty for false statements

Page 2443 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 708 nal and child health agency.’’, substituted ‘‘be in such standardized form and contain such information (in- cluding information described in paragraph (2))’’ for ‘‘be in such form and contain such information’’, and substituted ‘‘, (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 na- tional health objectives referred to in section 701(a) of this title, and (D)’’ for ‘‘and of the progress made to- ward achieving the purposes of this subchapter, and (C)’’. Pub. L. 101–239, § 6503(c)(3), (4), substituted ‘‘applica- tion transmitted under section 705(a) of this title’’ for ‘‘description and statement transmitted under section 705 of this title’’ in subpar. (C). Subsec. (a)(2). Pub. L. 101–239, § 6504(a)(3), added par. (2). Former par. (2) redesignated (3). Subsec. (a)(3). Pub. L. 101–239, § 6504(b), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘The Secretary shall annually report to the Con- gress on activities funded under section 702(a) of this title and shall provide for transmittal of a copy of such report to each State.’’ Pub. L. 101–239, § 6504(a)(2), redesignated former par. (2) as (3). 1984—Subsec. (d)(3). Pub. L. 98–369 substituted ‘‘sec- tion 6503(b) of title 31’’ for ‘‘section 202 of the Intergov- ernmental Cooperation Act of 1968 (42 U.S.C. 4212)’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–113, div. B, § 1000(a)(6) [title VII, § 703(d)(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A–402, pro- vided that: ‘‘The amendments made by paragraph (1) [amending this section] apply to annual reports sub- mitted under section 506 of the Social Security Act (42 U.S.C. 706) for years beginning after the date of the en- actment of this Act [Nov. 29, 1999].’’ EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 6503(c)(3), (4) of Pub. L. 101–239 applicable to payments for allotments for fiscal years beginning with fiscal year 1991, and amendment by sec- tion 6504 of Pub. L. 101–239 applicable to annual reports for fiscal years beginning with fiscal year 1991, see sec- tion 6510(b) of Pub. L. 101–239, set out as a note under section 701 of this title. REPORTS TO CONGRESS; ACTIVITIES OF STATES RECEIV- ING ALLOTMENTS AND STUDY OF ALTERNATIVE FOR- MULAS FOR ALLOTMENT Pub. L. 97–35, title XXI, § 2192(b), Aug. 13, 1981, 95 Stat. 826, provided that: ‘‘(1) The Secretary of Health and Human Services shall, no later than October 1, 1984, report to the Con- gress on the activities of States receiving allotments under title V of the Social Security Act [42 U.S.C. 701 et seq.] (as amended by this section) and include in such report any recommendations for appropriate changes in legislation. ‘‘(2) The Secretary of Health and Human Services, in consultation with the Comptroller General, shall exam- ine alternative formulas, for the allotment of funds to States under section 502(b) of the Social Security Act [42 U.S.C. 702(b)] (as amended by this section) which might be used as a substitute for the method of allot- ting funds described in such section, which provide for the equitable distribution of such funds to States (as defined for purposes of such section), and which take into account— ‘‘(A) the populations of the States, ‘‘(B) the number of live births in the States, ‘‘(C) the number of crippled children in the States, ‘‘(D) the number of low income mothers and chil- dren in the States, ‘‘(E) the financial resources of the various States, and ‘‘(F) such other factors as the Secretary deems ap- propriate, and shall report to the Congress thereon not later than June 30, 1982.’’ § 707. Criminal penalty for false statements (a) Whoever— (1) knowingly and willfully makes or causes to be made any false statement or representa- tion of a material fact in connection with the furnishing of items or services for which pay- ment may be made by a State from funds al- lotted 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 fraudu- lently 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 impris- oned 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. (Aug. 14, 1935, ch. 531, title V, § 507, as added Pub. L. 97–35, title XXI, § 2192(a), Aug. 13, 1981, 95 Stat. 824.) Editorial Notes PRIOR PROVISIONS A prior section 707, act Aug. 14, 1935, ch. 531, title V, § 507, as added Jan. 2, 1968, Pub. L. 90–248, title III, § 301, 81 Stat. 925, related to failure of State plan to comply with provisions of this subchapter, prior to the general revision of this subchapter by section 2192(a) of Pub. L. 97–35. See section 706 of this title. For effective date, savings, and transitional provisions, see section 2194 of Pub. L. 97–35, set out as a note under section 701 of this title. Provisions similar to those comprising former sec- tion 707 were contained in sections 505 and 515 of act Aug. 14, 1935, ch. 531, title V, 49 Stat. 631, 633, as amend- ed (formerly classified to sections 705 and 715 of this title), prior to the general amendment and renum- bering of title V of act Aug. 14, 1935, by Pub. L. 90–248, § 301. § 708. Nondiscrimination provisions (a) Federally funded activities (1) For the purpose of applying the prohibi- tions 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.], pro-