U.S. Code » Title 42 » Chapter CHAPTER 7— SOCIAL SECURITY › Subchapter SUBCHAPTER I— GRANTS TO STATES FOR OLD-AGE ASSISTANCE

42 U.S.C. § 304

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

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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, § 4, 49 Stat. 622; Aug. 28, 1950, ch. 809, title III, pt. 6, § 361(c), (d), 64 Stat. 558; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 86–778, title VI, § 601(e), Sept. 13, 1960, 74 Stat. 991; Pub. L. 90–248, title II, § 245, Jan. 2, 1968, 81 Stat. 918; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)Repeal of Section

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 L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands.

Editorial NotesAmendments

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.

Statutory Notes and Related SubsidiariesChange 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.

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.

Executive DocumentsTransfer 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.

Notes of Decisions
Cited in 10 cases, 1960–1983 · leading case: Snell v. Wyman, 281 F. Supp. 853 (S.D.N.Y. 1968).
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Snell v. Wyman, 281 F. Supp. 853 (S.D.N.Y. 1968). · cites it 2× “Concluding the thin subject of plaintiffs' Supremacy argument, we recall the wide prevalence among the States of statutes like those in question; the duty of HEW's Secretary to disapprove, and withhold federal funds from, unlawful state programs, 42 U.”
State Dept. of Pub. Welf. of St. of Tex. v. Weinberger, 388 F. Supp. 1304 (W.D. Tex. 1975). · cites it 8× “This Court has previously dismissed for want of jurisdiction all claims by Plaintiffs except their claim relating to the alleged failure of the Secretary of Health, Education and Welfare to give notice and the opportunity for a hearing pursuant to 42 U.S.C. §§304 , 604,1204 and…”
State Dep't of Pub. Welfare v. Califano, 556 F.2d 326 (5th Cir. 1977). · cites it 5× “42 U.S.C. §§ 304 , 604, 1204, 1354. 5 When it appears to the *330 Secretary that the state plan is being operated in noncompliance with these regulations, he must give the state agency “reasonable notice and opportunity for hearing” to evaluate the operation of the plan.”
Pearson v. State Soc. Welfare Bd., 353 P.2d 33 (Cal. 1960). “This provides that “In the case of any State plan for old-age assistance which has been approved by the Secretary of Health, Education, and Welfare, if the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the…”
Connecticut State Dep't of Pub. Welfare v. Dep't of Health, Educ., & Welfare, Soc. & Rehab. Serv., 448 F.2d 209 (2d Cir. 1971). “42 U.S.C. §§ 304 , 604, 1204, 1316, 1354, *212 1396c.”
Rita Bourgeois v. Jerald L. Stevens, 532 F.2d 799 (1st Cir. 1976). “The procedural vehicle for eliminating any nonconformity with HEW regulations is normally for HEW to hold a conformity hearing pursuant to 42 U.S.C. §§ 304 , 604, 1204, 1316, 1354, 1396c.”
Norton v. Blaylock, 285 F. Supp. 659 (W.D. Ark. 1968). “42 U.S.C.A. §§ 304 , 605, 715, 1204, and 1384.”
King v. Martin, 21 Cal. App. 3d 791 (Cal. Ct. App. 1971). “( 42 U.S.C. §§ 304 , 604, 1204, 1354, 1384.”
Arizona State Dep't of Pub. Welfare v. Dep't of Health, Educ. & Welfare, 449 F.2d 456 (9th Cir. 1971). · cites it 2× “42 U.S.C. §§ 304 , 604(a), 1204, 1354. Should the Secretary call into question the continuing conformity of the plan or of its administration to federal requirements, he must provide reasonable notice and opportunity for hearing to the state agency administering the plan.”
Massachusetts v. Departmental Grant Appeals Bd. of the United States Dep't of Health & Human Servs., 698 F.2d 22 (1st Cir. 1983). “, 42 U.S.C. §§ 304 (Medicare), 604 (AFDC). .”
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