Title 42 — The Public Health and Welfare
Chapter 7 — Social Security
§ 1354. Operation of State plans
Statutory text
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—
that the plan has been so changed as to impose any residence or citizenship requirement prohibited by section 1352(b) of this title, 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
that in the administration of the plan there is a failure to comply substantially with any provision required by section 1352(a) of this title 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).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 81–531 · 64 Stat. 404
Enacted · 42 U.S.C. § 1354
Aug. 14, 1935, ch. 531, title XIV, § 1404, as added Aug. 28, 1950, ch. 809, title III, pt. 5, § 351, 64 Stat. 557
Source evidence
Code source credit
Aug. 14, 1935, ch. 531, title XIV, § 1404, as added Aug. 28, 1950, ch. 809, title III, pt. 5, § 351, 64 Stat. 557Social Security Amendments of 1967
Pub. L. 90–248 title II § 245 · 81 Stat. 821
Inserted · 42 U.S.C. § 1354
Pub. L. 90–248 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”
Substituted · 42 U.S.C. § 1354
Pub. L. 90–248 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”
Source evidence
Code amendment note
Pub. L. 90–248 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”.Enacted provision · exact public law section
Sec. 245. partial payments to states Sections 4, 404(a), 1004, and 1404 of the Social Security Act are each amended— (1) by striking out “further payments will not be made to the State” and inserting in lieu thereof “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)”; and (2) by striking out the last sentence and inserting in lieu thereof the following: “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).”
2 of 3 references resolved to an enrolled provision · 1 partial
Notes
Repeal of Section
Pub. L. 92–603, title III, § 303(a), (b), , 86 Stat. 1484, provided that this section is repealed effective , except with respect to Puerto Rico, Guam, and the Virgin Islands.
Editorial Notes
Amendments
1968—Pub. L. 90–248 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
“Secretary of Health and Human Services” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.
Executive Documents
Transfer of Functions
Functions 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 section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
Credits
1935–1979 · 4 acts
- 1935Aug. 14, 1935, ch. 531, title XIV, § 1404, as added Aug. 28, 1950, ch. 809, title III, pt. 5, § 351, 64 Stat. 557
- 1953amended 1953 Reorg. Plan No. 1, §§ 5, 8 eff. , 18 F.R. 2053, 67 Stat. 631
- 1968Pub. L. 90–248, title II, § 245, , 81 Stat. 918
- 1979Pub. L. 96–88, title V, § 509(b), , 93 Stat. 695.
Show as published
(Aug. 14, 1935, ch. 531, title XIV, § 1404, as added Aug. 28, 1950, ch. 809, title III, pt. 5, § 351, 64 Stat. 557; amended 1953 Reorg. Plan No. 1, §§ 5, 8 eff. , 18 F.R. 2053, 67 Stat. 631; Pub. L. 90–248, title II, § 245, , 81 Stat. 918; Pub. L. 96–88, title V, § 509(b), , 93 Stat. 695.)