
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC504]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
     SUBCHAPTER III--GRANTS TO STATES FOR UNEMPLOYMENT COMPENSATION 
                             ADMINISTRATION
 
Sec. 504. Judicial review


(a) Finding by Secretary of Labor; petition for review; filing of record

    Whenever the Secretary of Labor--
        (1) finds that a State law does not include any provision 
    specified in section 503(a) of this title, or
        (2) makes a finding with respect to a State under subsection 
    (b), (c), (d), (e), (h), (i), or (j) of section 503 of this title,

such 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 section 2112 of title 28.

(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

    The 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 section 
1254 of title 28.

(d) Stay of Secretary's action

    (1) The Secretary of Labor shall not withhold any certification for 
payment to any State under section 502 of this title 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) of 
this section 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. 531, title III, Sec. 304, as added Pub. L. 91-373, 
title I, Sec. 131(a), Aug. 10, 1970, 84 Stat. 703; amended Pub. L. 96-
249, title I, Sec. 127(b)(2), May 26, 1980, 94 Stat. 367; Pub. L. 96-
265, title IV, Sec. 408(b)(2), June 9, 1980, 94 Stat. 469; Pub. L. 96-
473, Sec. 6(e)(2), Oct. 19, 1980, 94 Stat. 2265; Pub. L. 98-620, title 
IV, Sec. 402(39), Nov. 8, 1984, 98 Stat. 3360; Pub. L. 100-485, title I, 
Sec. 124(b)(2), Oct. 13, 1988, 102 Stat. 2353; Pub. L. 100-628, title 
IX, Sec. 904(c)(1)(B), Nov. 7, 1988, 102 Stat. 3261; Pub. L. 103-152, 
Sec. 4(a)(2), Nov. 24, 1993, 107 Stat. 1517.)


                               Amendments

    1993--Subsec. (a)(2). Pub. L. 103-152 substituted ``(i), or (j)'' 
for ``or (i)''.
    1988--Subsec. (a)(2). Pub. L. 100-628 substituted ``(e), (h), or 
(i)'' for ``(e), or (h)''.
    Pub. L. 100-485 substituted ``(e), or (h)'' for ``or (e)''.
    1984--Subsec. (e). Pub. L. 98-620 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.
    1980--Subsec. (a)(2). Pub. L. 96-473 inserted reference to subsec. 
(e) of section 503 of this title.
    Pub. L. 96-249 and Pub. L. 96-265 made identical amendments, 
substituting ``subsection (b), (c), or (d)'' for ``subsection (b) or 
(c)''.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-152 effective on the date one year after 
Nov. 24, 1993, see section 4(f)(1) of Pub. L. 103-152, set out as a note 
under section 503 of this title.


                    Effective Date of 1988 Amendments

    Amendment by Pub. L. 100-628 effective Sept. 30, 1989, with 
provision for optional early implementation and provision for States 
whose legislatures have not been in session for at least 30 days between 
Nov. 7, 1988, and Sept. 30, 1989, see section 3544(d) of this title.
    Amendment by Pub. L. 100-485 effective on first day of first 
calendar quarter beginning one year or more after Oct. 13, 1988, see 
section 124(c)(1) of Pub. L. 100-485, set out as a note under section 
653 of this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date 
note under section 1657 of Title 28, Judiciary and Judicial Procedure.


                    Effective Date of 1980 Amendments

    Amendment by Pub. L. 96-265 effective July 1, 1980, see section 
408(b)(3) of Pub. L. 96-265, set out as a note under section 503 of this 
title.
    Amendment by Pub. L. 96-249 effective Jan. 1, 1983, see section 
127(b)(3) of Pub. L. 96-249, set out as a note under section 503 of this 
title.
