US Code

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

42 U.S.C. § 504

Judicial review

(a)

Finding by Secretary of Labor; petition for review; filing of record

Whenever the Secretary of Labor—
(1)
section 503(a) of this title finds that a State law does not include any provision specified in , or
(2)
section 503 of this title makes a finding with respect to a State under subsection (b), (c), (d), (e), (h), (i), or (j) of ,
section 2112 of title 28such State may, within 60 days after the Governor of the State has been notified of such action, file with the United States court of appeals for the circuit in which such State is located or with the United States Court of Appeals for the District of Columbia, a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary of Labor. The Secretary of Labor thereupon shall file in the court the record of the proceedings on which he based his action as provided in .
(b)

Findings of fact by Secretary of Labor; new or modified findings

The findings of fact by the Secretary of Labor, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary of Labor to take further evidence and the Secretary of Labor may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

(c)

Affirmance or setting aside of Secretary’s action; review by Supreme Court

section 1254 of title 28The court shall have jurisdiction to affirm the action of the Secretary of Labor or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in .

(d)

Stay of Secretary’s action

(1)
section 502 of this title The Secretary of Labor shall not withhold any certification for payment to any State under until the expiration of 60 days after the Governor of the State has been notified of the action referred to in paragraph (1) or (2) of subsection (a) or until the State has filed a petition for review of such action, whichever is earlier.
(2)
The commencement of judicial proceedings under this section shall stay the Secretary’s action for a period of 30 days, and the court may thereafter grant interim relief if warranted, including a further stay of the Secretary’s action and including such other relief as may be necessary to preserve status or rights.

Aug. 14, 1935, ch. 531Pub. L. 91–373, title I, § 131(a)84 Stat. 703Pub. L. 96–249, title I, § 127(b)(2)94 Stat. 367Pub. L. 96–265, title IV, § 408(b)(2)94 Stat. 469Pub. L. 96–473, § 6(e)(2)94 Stat. 2265Pub. L. 98–620, title IV, § 402(39)98 Stat. 3360Pub. L. 100–485, title I, § 124(b)(2)102 Stat. 2353Pub. L. 100–628, title IX, § 904(c)(1)(B)102 Stat. 3261Pub. L. 103–152, § 4(a)(2)107 Stat. 1517(, title III, § 304, as added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 103–1521993—Subsec. (a)(2). substituted “(i), or (j)” for “or (i)”.

Pub. L. 100–6281988—Subsec. (a)(2). substituted “(e), (h), or (i)” for “(e), or (h)”.

Pub. L. 100–485 substituted “(e), or (h)” for “or (e)”.

Pub. L. 98–6201984—Subsec. (e). struck out subsec. (e) which provided that any judicial proceedings under this section were entitled to, and upon request of the Secretary or the State would receive, a preference and be heard and determined as expeditiously as possible.

Pub. L. 96–473section 503 of this title1980—Subsec. (a)(2). inserted reference to subsec. (e) of .

Pub. L. 96–249Pub. L. 96–265 and made identical amendments, substituting “subsection (b), (c), or (d)” for “subsection (b) or (c)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Pub. L. 103–152section 4(f)(1) of Pub. L. 103–152section 503 of this titleAmendment by effective on the date one year after , see , set out as a note under .

Effective Date of 1988 Amendments

Pub. L. 100–628section 3544(d) of this titleAmendment by effective , with provision for optional early implementation and provision for States whose legislatures have not been in session for at least 30 days between , and , see .

Pub. L. 100–485section 124(c)(1) of Pub. L. 100–485section 653 of this titleAmendment by effective on first day of first calendar quarter beginning one year or more after , see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–620section 403 of Pub. L. 98–620section 1657 of Title 28Amendment by not applicable to cases pending on , see , set out as an Effective Date note under , Judiciary and Judicial Procedure.

Effective Date of 1980 Amendments

Pub. L. 96–265section 408(b)(3) of Pub. L. 96–265section 503 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 96–249section 127(b)(3) of Pub. L. 96–249section 503 of this titleAmendment by effective , see , set out as a note under .