Page:United States Statutes at Large Volume 102 Part 2.djvu/358

 102 STAT. 1362 Records.

Records.

PUBLIC LAW 100-418—AUG. 23, 1988

determine liability for the civil penalty or other sanction involved. In an appeal filed under this paragraph, the court shall set aside any finding of fact for which the court finds there is not substantial evidence on the record and any conclusion of law which the court finds to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.". (2) Section 13(d) of the Act (50 U.S.C. App. 2412(d)) is amended— (A) in the fifth sentence of paragraph (2) by inserting before the period ", except as provided in paragraph (3)"; and (B) by adding at the end of paragraph (2) the following: "All materials submitted to the administrative law judge and the Secretary shall constitute the administrative record for purposes of review by the courts. "(3) An order of the Secretary affirming, in whole or in part, the issuance of a temporary denial order may, within 15 days after the order is issued, be appealed by a person subject to the order to the United States Court of Appeals for the District of Columbia Circuit, which shall have jurisdiction of the appeal. The court may review only those issues necessary to determine whether the standard for issuing the temporary denial order has been met. The court shall vacate the Secretary's order if the court finds that the Secretary's order is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.". (b) ISSUANCE OF TEMPORARY DENIAL ORDERS.—Section 13(d)(1) of the Act (50 U.S.C. App. 2412(d)(1)) is amended in the second sentence by striking "60" each place it appears and inserting "180". SEC. 2429. RESPONSIBILITIES OF THE UNDER SECRETARY OF COMMERCE FOR EXPORT ADMINISTRATION.

Defense and national security.

Section 15(a) of the Act (50 U.S.C. App. 2414(a)) is amended by inserting "and such other statutes that relate to national security" after "functions of the Secretary under this Act". SEC. 2430. AUTHORIZATION OF APPROPRIATIONS.

Section 18(b) of the Act (50 U.S.C. App. 2417(b)) is amended— (1) in paragraph (1)— (A) by striking "each of the fiscal years 1987 and 1988" and inserting "the fiscal year 1988": (B) by striking "for each such year" each place it appears, and (C) by striking "and" after the semicolon; and (2) by striking paragraph (2) and inserting the following: "(2) $46,913,000 for the fiscal year 1989, of which $15,000,000 shall be available only for enforcement, $5,000,000 shall be available only for foreign availability assessments under subsections (f) and (h)(6) of section 5, $4,000,000 shall be available only for regional export control assistance centers, and $22,913,000 shall be available for all other activities under this Act; and "(3) such additional amounts for each of the fiscal years 1988 and 1989 as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs.". SEC. 2431. TERMINATION DATE. 50 USC app. 2419.

Section 20 of the Act (50 U.S.C. 2419) is amended by striking "1989" and inserting "1990".

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