
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1354]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER XIV--GRANTS TO STATES FOR AID TO PERMANENTLY AND TOTALLY 
                                DISABLED
 
Sec. 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) 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
        (2) 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).

(Aug. 14, 1935, ch. 531, title XIV, Sec. 1404, as added Aug. 28, 1950, 
ch. 809, title III, pt. 5, Sec. 351, 64 Stat. 557; amended 1953 Reorg. 
Plan No. 1, Secs. 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; 
Pub. L. 90-248, title II, Sec. 245, Jan. 2, 1968, 81 Stat. 918; Pub. L. 
96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

                            Repeal of Section

        Pub. L. 92-603, title III, Sec. 303(a), (b), Oct. 30, 1972, 86 
    Stat. 1484, provided that this section is repealed effective Jan. 1, 
    1974, except with respect to Puerto Rico, Guam, and the Virgin 
    Islands.


                               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''.

                          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. Secretary and 
Department of Health, Education, and Welfare redesignated Secretary and 
Department of Health and Human Services by section 509(b) of Pub. L. 96-
88 which is classified to section 3508(b) of Title 20, Education.

                  Section Referred to in Other Sections

    This section is referred to in section 1316 of this title.
