Public Law 119-73 (01/23/2026)

29 U.S.C. § 3247

Judicial review

(a)

Review

(1)

Petition

section 3246 of this titlesection 3246 of this titlesection 3244 of this titleWith respect to any final order by the Secretary under by which the Secretary awards, declines to award, or only conditionally awards, financial assistance under this subchapter, or any final order of the Secretary under with respect to a corrective action or sanction imposed under , any party to a proceeding that resulted in such final order may obtain review of such final order in the United States Court of Appeals having jurisdiction over the applicant for or recipient of the funds involved, by filing a review petition within 30 days after the date of issuance of such final order.

(2)

Action on petition

section 2112 of title 28The clerk of the court shall transmit a copy of the review petition to the Secretary, who shall file the record on which the final order was entered as provided in . The filing of a review petition shall not stay the order of the Secretary, unless the court orders a stay. Petitions filed under this subsection shall be heard expeditiously, if possible within 10 days after the date of filing of a reply to the petition.

(3)

Standard and scope of review

No objection to the order of the Secretary shall be considered by the court unless the objection was specifically urged, in a timely manner, before the Secretary. The review shall be limited to questions of law and the findings of fact of the Secretary shall be conclusive if supported by substantial evidence.

(b)

Judgment

section 1254(1) of title 28The court shall have jurisdiction to make and enter a decree affirming, modifying, or setting aside the order of the Secretary in whole or in part. The judgment of the court regarding the order shall be final, subject to certiorari review by the Supreme Court as provided in .

Pub. L. 113–128, title I, § 187128 Stat. 1597(, , .)

Statutory Notes and Related Subsidiaries

Effective Date

section 506 of Pub. L. 113–128section 3101 of this titleSection effective on the first day of the first full program year after (), see , set out as a note under .