Page:United States Statutes at Large Volume 114 Part 5.djvu/972

 114 STAT. 2986 PUBLIC LAW 106-569—DEC. 27, 2000 Deadline. "(A) may, not later than 60 days after receiving such notice, file with the United States Court of Appeals for the Ninth Circuit, 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. "(2) PROCEDURE.— "(A) IN GENERAL. — 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. "(B) OBJECTIONS. — No objection to the action of the Secretary shall be considered by the court unless the Department has registered the objection before the Secretary. "(3) DISPOSITION. — "(A) COURT PROCEEDINGS.— "(i) JURISDICTION OF COURT.— The court shall have jurisdiction to affirm or modify the action of the Secretary or to set the action aside in whole or in part, "(ii) FINDINGS OF FACT.—I f supported by substantial evidence on the record considered as a whole, the findings of fact by the Secretary shall be conclusive, "(iii) ADDITION. —The court may order evidence, in addition to the evidence submitted for review under this subsection, to be taken by the Secretary, and to be made part of the record. " (B) SECRETARY. — "(i) IN GENERAL.— The Secretary, by reason of the additional evidence referred to in subparagraph (A) and filed with the court— "(I) may— " (aa) modify the findings of fact of the Secretary; or "(bb) make new findings; and "(II) shall file— "(aa) such modified or new findings; and "(bb) the recommendation of the Secretary, if any, for the modification or setting aside of the original action of the Secretary. "(ii) FINDINGS. — The findings referred to in clause (i)(II)(bb) shall, with respect to a question of fact, be considered to be conclusive if those findings are— "(I) supported by substantial evidence on the record; and "(II) considered as a whole. "(4) FINALITY. — "(A) IN GENERAL. — Except as provided in subparagraph (B), upon the filing of the record under this subsection with the court— "(i) the jurisdiction of the court shall be exclusive; and "(ii) the judgment of the court shall be final.

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