US Code

Public Law 119-83 (04/13/2026)

42 U.S.C. § 304

Stopping payment on deviation from required provisions of plan or failure to comply therewith

In the case of any State plan which has been approved under this subchapter by the Secretary, 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 302(b) of this title that the plan has been so changed as to impose any age, 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 302(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 the Secretary 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 49 Stat. 622 Aug. 28, 1950, ch. 809 64 Stat. 558 67 Stat. 631 Pub. L. 86–778, title VI, § 601(e)74 Stat. 991 Pub. L. 90–248, title II, § 24581 Stat. 918 Pub. L. 96–88, title V, § 509(b)93 Stat. 695 (, title I, § 4, ; , title III, pt. 6, § 361(c), (d), ; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. , 18 F.R. 2053, ; , , ; , , ; , , .)

Repeal of Section

Pub. L. 92–603, title III, § 303(a)86 Stat. 1484 , (b), , , provided that this section is repealed effective , except with respect to Puerto Rico, Guam, and the Virgin Islands.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”.

Pub. L. 86–7781960— substituted “State plan which has been approved under this subchapter” for “State plan for old-age assistance which has been approved”.

1950—Act , substituted “Administrator” for “Board”, and “he”, “him”, or “his” for “it”, or “its”, wherever appearing.

Statutory Notes and Related Subsidiaries

Change of Name

section 509(b) of Pub. L. 96–88section 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.

Effective Date of 1960 Amendment

Pub. L. 86–778section 604 of Pub. L. 86–778section 301 of this titleAmendment by effective , see , set out as a note under .

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.