42 U.S.C. § 1354 | Operation of State plans

In the case of any State plan for aid to the permanently and totally disabled which has been approved by the Secretary of Health and Human Services, if the Secretary after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan, finds—

(1)

section 1352(b) of this title that the plan has been so changed as to impose any residence or citizenship requirement prohibited by , or that in the administration of the plan any such prohibited requirement is imposed, with the knowledge of such State agency, in a substantial number of cases; or

(2)

section 1352(a) of this title that in the administration of the plan there is a failure to comply substantially with any provision required by to be included in the plan;

the Secretary shall notify such State agency that further payments will not be made to the State (or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure) until he is satisfied that such prohibited requirement is no longer so imposed, and that there is no longer any such failure to comply. Until he is so satisfied he shall make no further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure).

Aug. 14, 1935, ch. 531 Aug. 28, 1950, ch. 809 64 Stat. 557Apr. 11, 195367 Stat. 631 Pub. L. 90–248, title II, § 245Jan. 2, 196881 Stat. 918 Pub. L. 96–88, title V, § 509(b)Oct. 17, 197993 Stat. 695(, title XIV, § 1404, as added , title III, pt. 5, § 351, ; amended 1953 Reorg. Plan No. 1, §§ 5, 8 eff. , 18 F.R. 2053, ; , , ; , , .)

Repeal of Section

Pub. L. 92–603, title III, § 303(a)Oct. 30, 197286 Stat. 1484Jan. 1, 1974, (b), , , provided that this section is repealed effective , except with respect to Puerto Rico, Guam, and the Virgin Islands.

Editorial Notes

Amendments

Pub. L. 90–2481968— inserted “(or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure)” after “further payments will not be made to the State” and substituted in last sentence “further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure)” for “further certification to the Secretary of the Treasury with respect to such State”.

Statutory Notes and Related Subsidiaries

Change of Name

section 509(b) of Pub. L. 96–88 section 3508(b) of Title 20“Secretary of Health and Human Services” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to , which is classified to , Education.

Executive Documents

Transfer of Functions

section 3501 of this titleFunctions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under . Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.