
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: 42USC304]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
          SUBCHAPTER I--GRANTS TO STATES FOR OLD-AGE ASSISTANCE
 
Sec. 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) that the plan has been so changed as to impose any age, 
    residence, or citizenship requirement prohibited by section 302(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 302(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 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, title I, Sec. 4, 49 Stat. 622; Aug. 28, 1950, 
ch. 809, title III, pt. 6, Sec. 361(c), (d), 64 Stat. 558; 1953 Reorg. 
Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; 
Pub. L. 86-778, title VI, Sec. 601(e), Sept. 13, 1960, 74 Stat. 991; 
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    Stat. 1484, provided that this section is repealed effective Jan. 1, 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''.
    1960--Pub. L. 86-778 substituted ``State plan which has been 
approved under this subchapter'' for ``State plan for old-age assistance 
which has been approved''.
    1950--Act Aug. 28, 1950, substituted ``Administrator'' for 
``Board'', and ``he'', ``him'', or ``his'' for ``it'', or ``its'', 
wherever appearing.


                    Effective Date of 1960 Amendment

    Amendment by Pub. L. 86-778 effective Oct. 1, 1960, see section 604 
of Pub. L. 86-778, set out as a note under section 301 of this title.

                          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.
