---
kind: "section"
citation: "42 U.S.C. § 1204"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1204"
heading: "Operation of State plans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1204"
units:
  - "Chapter 7 — Social Security"
  - "Subchapter X — Grants to States for Aid to Blind"
---

# §1204. Operation of State plans


In the case of any [State](/usc/42/619.md?p=5) plan for aid to the blind which has been approved by the [Secretary](/usc/42/1301.md?p=a-6) of Health and Human Services, if the [Secretary](/usc/42/1301.md?p=a-6), after reasonable notice and opportunity for hearing to the [State agency](/usc/42/629a.md?p=a-3) administering or supervising the [administration](/usc/42/1301.md?p=a-10) of such plan, finds—

- (1) that the plan has been so changed as to impose any residence or citizenship requirement prohibited by [section 1202(b) of this title](/usc/42/1202.md?p=b), or that in the [administration](/usc/42/1301.md?p=a-10) of the plan any such prohibited requirement is imposed, with the knowledge of such [State agency](/usc/42/629a.md?p=a-3), in a substantial number of cases; or
- (2) that in the [administration](/usc/42/1301.md?p=a-10) of the plan there is a failure to comply substantially with any provision required by [section 1202(a) of this title](/usc/42/1202.md?p=a) to be included in the plan;

the [Secretary](/usc/42/1301.md?p=a-6) shall notify such [State agency](/usc/42/629a.md?p=a-3) that further payments will not be made to the [State](/usc/42/619.md?p=5) (or, in his discretion, that payments will be limited to categories under or parts of the [State](/usc/42/619.md?p=5) plan not affected by such failure) until the [Secretary](/usc/42/1301.md?p=a-6) 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](/usc/42/619.md?p=5) (or shall limit payments to categories under or parts of the [State](/usc/42/619.md?p=5) plan not affected by such failure).


## Source credit

(Aug. 14, 1935, ch. 531, title X, § 1004, 49 Stat. 646; 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. 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.)

## Notes

### 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 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”.

1950—Act Aug. 28, 1950, substituted “Administrator” for “Board” and “his” for “its”.

### 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.