ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW.

SEC. 2428. ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW. (a) Judicial Review.—(1) Section 13(c) of the Act (50 U.S.C. App. 2412(c)) is amended— (A) in the last sentence of paragraph (1) by inserting before the period “, except as provided in paragraph (3)”; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: “(3) The order of the Secretary under paragraph (1) shall be final except that the charged party may, within 15 days after the order is issued, appeal the order in the United States Court of Appeals for the District of Columbia Circuit, which shall have jurisdiction of the appeal. The court may, while the appeal is pending, stay the order of the Secretary. The court may review only those issues necessary to 102 STAT. 1362 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”.