42 U.S.C. § 300ff–34

(a) Annual determination of reported cases A State shall annually determine the rate of reported cases of AIDS as a result of perinatal transmission among residents of the State. (b) Causes of perinatal transmission In determining the rate under subsection (a), a State shall also determine the possible causes of perinatal transmission. Such causes may include— (1) the inadequate provision within the State of prenatal counseling and testing in accordance with the guidelines issued by the Centers for Disease Control and Prevention; (2) the inadequate provision or utilization within the State of appropriate therapy or failure of such therapy to reduce perinatal transmission of HIV, including— (A) that therapy is not available, accessible or offered to mothers; or (B) that available therapy is offered but not accepted by mothers; or (3) other factors (which may include the lack of prenatal care) determined relevant by the State. (c) CDC reporting system Not later than 4 months after May 20, 1996 , the Director of the Centers for Disease Control and Prevention shall develop and implement a system to be used by States to comply with the requirements of subsections (a) and (b). The Director shall issue guidelines to ensure that the data collected is statistically valid.