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Title 31 — Money and FinanceRelease 119-73

§6717 Judicial review

Title 31 › Subtitle SUBTITLE V— - GENERAL ASSISTANCE ADMINISTRATION › Chapter CHAPTER 67— - FEDERAL PAYMENTS › § 6717

Last updated Apr 6, 2026|Official source

Summary

If a local government is told the Secretary will withhold, suspend, or stop certain federal payments, it can ask the U.S. court of appeals for the circuit where it is located to review that decision. The request must be filed by the 60th day after the notice, and the court clerk must immediately send a copy to the Secretary. The Secretary must file the record used for the decision. The court can only consider objections that were first raised with the Secretary. The court may agree with, change, or overturn the Secretary’s action. The Secretary’s facts are final if supported by substantial evidence in the record; if not, the court can send the case back for more evidence and the Secretary can make new findings. Only the Supreme Court may review the court’s judgment under 28 U.S.C. 1254.

Full Legal Text

Title 31, §6717

Money and Finance — Source: USLM XML via OLRC

(a)A unit of general local government which receives notice from the Secretary about withholding payments under section 6703(f), suspending payments under section 6713(a)(1)(B), or terminating payments under section 6712(d)(2)(A), may apply for review of the action of the Secretary by filing a petition for review with the court of appeals of the United States for the circuit in which the government is located. The petition shall be filed by the 60th day after the date the notice is received. The clerk of the court shall immediately send a copy of the petition to the Secretary.
(b)The Secretary shall file with the court a record of the proceeding on which the Secretary based the action. The court may consider only objections to the action of the Secretary that were presented before the Secretary.
(c)The court may affirm, change, or set aside any part of the action of the Secretary. The findings of fact by the Secretary are conclusive if supported by substantial evidence in the record. If a finding is not supported by substantial evidence in the record, the court may remand the case to the Secretary to take additional evidence. Upon such a remand, the Secretary may make new or modified findings and shall certify additional proceedings to the court.
(d)A judgment of a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28, United States Code.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 6717, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1025; Pub. L. 98–185, §§ 7, 9(h), Nov. 30, 1983, 97 Stat. 1310, 1312, related to discrimination proceedings, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.

Reference

Citations & Metadata

Citation

31 U.S.C. § 6717

Title 31 — Money and Finance

Last Updated

Apr 6, 2026

Release point: 119-73