Page:United States Statutes at Large Volume 84 Part 1.djvu/761

 84 STAT. ]

PUBLIC LAW 91-373-AUG. 10, 1970

respect to the 12-month period ending on such October 31, there has been a substantial failure to comply with any one or more of such conditions. For purposes of section 3310, a finding of the Secretary of Labor under this subsection shall be treated as a finding under section 3304(c)."

703

Post, p. 704.

PART C—JUDICIAL REVIEW SEC. 131. (a) Title III of the Social Security Act is amended by ^^^^tat. 626; adding at the end thereof the following new section: ^^42 USC^ 501. «JUDICIAL REVIEW "SEC. 304. (a) Whenever the Secretary of Labor— " (1) finds that a State law does not include any provision specified in section 303(a), or 68 Stat. 673. "(2) makes a finding with respect to a State under subsection '^^ ^^^ s'*^(b) or (c) of section 303, 64 Stat. seo; such State may, within 60 days after the Governor of the State has S2 stat, 1112. 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, United States Code. 72 Stat. 941; "(b) The findings of fact by the Secretary of Labor, if supported«° ^'^'- ^323. 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) 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 of the United States Code. 62 Stat. 928. " (d)(1) The Secretary of Labor shall not withhold any certification for payment to any State under section 302 until the expiration 49 Stat. 626. 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. "(e) Any judicial proceedings under this section shall be entitled to, and, upon request of the Secretary or the State, shall receive a preference and shall be heard and determined as expeditiously as possible." (b)(1) Chapter 23 of the Internal Revenue Code of 1954 is ^"'«. P-697. amended by inserting after section 3309 (added by section 104(b)(1) of this Act) the following new section:

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