103 STAT. 2278 PUBLIC LAW 101-239—DEC. 19, 1989 ' ' (vii) by inserting after clause (iii) the following new clause: "(iv) provide, directly and through their providers and institutional contractors, for services to identify pregnant women and infants who are eligible for medi- cal assistance under subparagraph (A) or (B) of section 1902(1)(1) and, once identified, to assist them in apply- ing for such assistance."; (6) by striking the last 2 sentences and inserting the following: Public "The application shall be developed by, or in consultation with, the information. 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."; and (7) by adding at the end the following new subsection: "(b) The Secretary may waive the requirement under subsection (a)(3) that a State's application for a fiscal year provide for the use of funds for specific activities if for that fiscal year— "(1) the Secretary determines— ^^ y, "(A) on the basis of information provided in the State's most recent annual report submitted under section 506(a)(l), that the State has demonstrated an extraordinary unmet need for one of the activities described in subsection (a)(3),and "(B) that the granting of the waiver is justified and will assist in carrying out the purposes of this title; 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 503 for the activities described in subparagraphs (A) and (B) of subsection (a)(3) and specifies the percentages to be sub- stituted in each of such subparagraphs.", (c) CONFORMING AMENDMENTS.— (1) Section 502(c) of such Act (42 U.S.C. 702(c)), as redesignated by section 6502(a)(3) of this subtitle, is amended by striking "a description of intended activities and state- ment of assurances' and inserting "an application". (2) Section 504(a) of such Act (42 U.S.C. 704(a)) is amended by striking "its description of intended expenditures and statement of assurances" and insert "its application". (3) Section 506(a)(l)(C) of such Act (42 U.S.C. 706(a)(l)(C)) is amended by striking "description and statement" and inserting " application". (4) Sections 502(b), 502(d)(l), 503(c), 504(a), 506(a)(l)(C), and 509(a)(6) of such Act (42 U.S.C. 702(b), 702(d)(l), 703(c), 704(a), 706(a)(l)(C), 709(a)(6)) are each amended by striking "505" each place it appears and inserting "505(a)". SEC 6504. REPORTS. (a) STATE REPORTS.— Subsection (a) of section 506 of the Social Security Act (42 U.S.C. 706) is amended— ,. (1) in paragraph (1>— (A) by inserting after the first sentence the following: "Each such report shall be prepared by, or in consultation with, the State maternal and child health agency.", (B) by striking "be in such form and contain such ?r^ information" and inserting "be in such standardized form and contain such information (including information de- scribed in paragraph (2))", and
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