Page:United States Statutes at Large Volume 110 Part 6.djvu/216

 110 STAT. 4038 PUBLIC LAW 104-330—OCT. 26, 1996 under this Act in compliance with the requirements under this Act. (c) REFERRAL FOR CIVIL ACTION.— (1) AUTHORITY. —In Keu of, or in addition to, any action authorized by subsection (a), if the Secretary has reason to beUeve that a recipient has failed to comply substantially with any provision of this Act, the Secretary may refer the matter to the Attorney General of the United States with a recommendation that an appropriate civil action be instituted. (2) CIVIL ACTION.— Upon such a referral, the Attorney General may bring a civil action in any United States district court having venue thereof for such relief as may be appropriate, including an action to recover the amount of the assistance furnished under this Act that was not expended in accordance with it, or for mandatory or injunctive relief. (d) REVIEW.— (1) IN GENERAL. — Aay recipient who receives notice under subsection (a) of the termination, reduction, or limitation of payments under this Act— (A) may, not later than 60 days after receiving such notice, file with the United States Court of Appeals for the circuit in which such State is located, or in the United States Court of Appeals for the District of Columbia, a petition for review of the action of the Secretary; and (B) upon the filing of any petition under subparagraph (A), shall forthwith transmit copies of the petition to the Secretary and the Attorney General of the United States, who shall represent the Secretary in the litigation. Records. (2) PROCEDURE. —The Secretary shall file in the court a record of the proceeding on which the Secretary based the action, as provided in section 2112 of title 28, United States Code. No objection to the action of the Secretary shall be considered by the court unless such objection has been urged before the Secretary. (3) DISPOSITION. — (A) COURT PROCEEDINGS.— The court shall have jurisdiction to affirm or modify the action of the Secretary or to set it aside in whole or in part. The findings of fact by the Secretary, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may order additional evidence to be taken by the Secretary, and to be made part of the record. (B) SECRETARY.— The Secretary— (i) may modify the findings of fact of the Secretary, or make new findings, by reason of the new evidence so taken and filed with the court; and (ii) shall file- CD such modified or new findings, which findings with respect to questions of fact shall be conclusive if supported by substantial evidence on the record considered as a whole; and (II) the recommendation of the Secretary, if any, for the modification or setting aside of the original action of the Secretary. (4) FINALITY.— Upon the filing of the record with the court, the jurisdiction of the court shall be exclusive and its judgment shall be final, except that such judgment shall be subject to

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