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Title 42, The Public Health and WelfareRelease 119-110

§504 Judicial Review

Title 42 › CHAPTER 7 — SOCIAL SECURITY › SUBCHAPTER III — GRANTS TO STATES FOR UNEMPLOYMENT COMPENSATION ADMINISTRATION › § 504

Last updated Sep 22, 2026|Official source

Summary

A State can ask a federal appeals court to review the Labor Secretary’s finding that the State’s law is missing required parts or to challenge other specific findings the Secretary makes about the State. The State has 60 days after the Governor is told to file the petition in the appeals court where the State is located or in the D.C. appeals court. The court will send a copy to the Secretary, and the Secretary must give the court the record he used. The Secretary’s factual findings are final if supported by substantial evidence, but the court can send the case back for more evidence. The appeals court can uphold or overturn the Secretary’s action, and the Supreme Court may review that judgment. The Secretary may not stop payment certifications to a State until 60 days after notice or until the State files, whichever comes first. If the State sues, the Secretary’s action is paused for 30 days, and the court can extend the pause or give other temporary relief to protect rights.

Full Legal Text

Title 42, §504

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Finding by Secretary of Labor; petition for review; filing of record
Whenever the Secretary of Labor— (1)
(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) 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1993 AmendmentAmendment 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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 504

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110