106 STAT. 4388

PUBLIC LAW 102-569—OCT. 29, 1992

Records.

"(d) REVIEW.—

"(1) PETITION.—Any State that is dissatisfied with a final
determination of the Commissioner under section 101(b) or
subsection (c) may file a petition for judicial review of such
determination in the United States Court of Appeals for the
circuit in which the State is located. Such a petition may
be filed only within the 30-day period beginning on the date
that notice of such final determination was received by the
State. The clerk of the court shall transmit a copy of the
petition to the Commissioner or to any officer designated by
the Commissioner for that purpose. In accordance with section
2112 of title 28, United States Code, the Commissioner shall
file with the court a record of the proceeding on which the
Commissioner based the determination being appealed by the
State. Until a record is so filed, the Commissioner may modify
or set aside any determination made under such proceedings.
"(2) SUBMISSIONS AND DETERMINATIONS.—If, in an action
under this subsection to review a final determination of the
Commissioner under section 101(b) or subsection (c), the peti-
tioner or the Commissioner applies to the court for leave to
have additional oral submissions or written presentations made
respecting such determination, the court may, for good cause
shown, order the Commissioner to provide within 30 days an
additional opportunity to make such submissions and presen-
tations. Within such period, the Commissioner may revise any
findings of fact, modify or set aside the determination being
reviewed, or make a new determination by reason of the addi-
tional submissions and presentations, and shall file such modi-
fied or new determination, and any revised findings of fact,
with the return of such submissions and presentations. The
court shall thereafter review such new or modified
determination.

"(3) STANDARDS OF REVIEW.—

"(A) IN GENERAL.—Upon the filing of a petition under
paragraph (1) for judicial review of a determination, the
court shall have jurisdiction—

"(i) to grant appropriate relief as provided in chap-
ter 7 of title 5, United States Code, except for interim
relief with respect to a determination under subsection
(c); and

"(ii) except as otherwise provided in subparagraph
(B), to review such determination in accordance with
chapter 7 of title 5, United States Code.
"(B) SUBSTANTIAL EVIDENCE.—Section 706 of title 5,
United States Code, shall apply to the review of any deter-
mination under this subsection, except that the standard
for review prescribed by paragraph (2)(E) of such section
706 shall not apply and the court shall hold unlawful
and set aside such determination if the court finds that
the determination is not supported by substantial evidence
in the record of the proceeding submitted pursuant to para-
graph (1), as supplemented by any additional submissions
and presentations filed under paragraph (2).".
(b) CONFORMING AND TECHNICAL AMENDMENTS.—

(1) Section 6(c) (29 U.S.C. 705(c)) is amended by striking
"101" and inserting "107".