
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3785]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
               SUBCHAPTER VIII--ADMINISTRATIVE PROVISIONS
 
Sec. 3785. Appellate court review


(a) Jurisdiction of court of appeals; petition for review; time for 
        filing, copies; record; objections before appropriate agency

    If any applicant or recipient is dissatisfied with a final action 
with respect to section 3783, 3784, or 3789d(c)(2)(G) of this title, 
such applicant or recipient may, within sixty days after notice of such 
action, file with the United States court of appeals for the circuit in 
which such applicant or recipient is located, or in the United States 
Court of Appeals for the District of Columbia, a petition for review of 
the action. A copy of the petition shall forthwith be transmitted by the 
petitioner to the Office of Justice Programs, Bureau of Justice 
Assistance, the Bureau of Justice Statistics, the Office of Juvenile 
Justice and Delinquency Prevention, or the National Institute of 
Justice, as appropriate, and the Attorney General of the United States, 
who shall represent the Federal Government in the litigation. The Office 
of Justice Programs, Bureau of Justice Assistance, the Bureau of Justice 
Statistics, the Office of Juvenile Justice and Delinquency Prevention, 
or the National Institute of Justice, as appropriate, shall thereupon 
file in the court the record of the proceeding on which the action was 
based, as provided in section 2112 of title 28. No objection to the 
action shall be considered by the court unless such objection has been 
urged before the Office of Justice Programs, Bureau of Justice 
Assistance, the Bureau of Justice Statistics, the Office of Juvenile 
Justice and Delinquency Prevention, or the National Institute of 
Justice, as appropriate.

(b) Determination by court of appeals: conclusiveness of findings; 
        remand; conclusiveness of new or modified findings

    The court shall have jurisdiction to affirm or modify a final action 
or to set it aside in whole or in part. The findings of fact by the 
Office of Justice Programs, Bureau of Justice Assistance, the Bureau of 
Justice Statistics, the Office of Juvenile Justice and Delinquency 
Prevention, or the National Institute of Justice, if supported by 
substantial evidence on the record considered as a whole, shall be 
conclusive, but the court, for good cause shown, may remand the case to 
the Office of Justice Programs, Bureau of Justice Assistance, the 
National Institute of Justice, the Office of Juvenile Justice and 
Delinquency Prevention, or the Bureau of Justice Statistics, to take 
additional evidence to be made part of the record. The Office of Justice 
Programs, Bureau of Justice Assistance, the Bureau of Justice 
Statistics, the Office of Juvenile Justice and Delinquency Prevention, 
or the National Institute of Justice, may thereupon make new or modified 
findings of fact by reason of the new evidence so taken and filed with 
the court and shall file such modified or new findings along with any 
recommendations such entity may have for the modification or setting 
aside of such entity's original action. All new or modified findings 
shall be conclusive with respect to questions of fact if supported by 
substantial evidence when the record as a whole is considered.

(c) Determination by court of appeals; Supreme Court review

    Upon the filing of such petition, the court shall have jurisdiction 
to affirm the action of the Office of Justice Programs, Bureau of 
Justice Assistance, the Bureau of Justice Statistics, the Office of 
Juvenile Justice and Delinquency Prevention, or the National Institute 
of Justice, or to set it aside, in whole or in part. The judgment of the 
court shall be subject to review by the Supreme Court of the United 
States upon writ of certiorari or certifications as provided in section 
1254 of title 28.

(Pub. L. 90-351, title I, Sec. 804, formerly Sec. 805, as added Pub. L. 
96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1203; renumbered Sec. 804 and 
amended Pub. L. 98-473, title II, Sec. 609B(d), (f), Oct. 12, 1984, 98 
Stat. 2093; Pub. L. 103-322, title XXXIII, Sec. 330001(h)(9), Sept. 13, 
1994, 108 Stat. 2139.)


                            Prior Provisions

    A prior section 804 of Pub. L. 90-351 was renumbered section 803 and 
is classified to section 3784 of this title.
    Another prior section 804 of Pub. L. 90-351, title III, June 19, 
1968, 82 Stat. 223, was set out as a note under section 2510 of Title 
18, Crimes and Criminal Procedure.


                               Amendments

    1994--Subsec. (b). Pub. L. 103-322 substituted ``Prevention, or'' 
for ``Prevention or'' before ``the Bureau''.
    1984--Pub. L. 98-473, Sec. 609B(d)(1), (2), substituted ``Office of 
Justice Programs, Bureau of Justice Assistance'' for ``Office of Justice 
Assistance, Research, and Statistics, the Law Enforcement Assistance 
Administration'' and inserted ``the Office of Juvenile Justice and 
Delinquency Prevention,'' before ``or the National Institute of 
Justice'' wherever appearing.
    Subsec. (a). Pub. L. 98-473, Sec. 609B(d)(3), made a conforming 
amendment to references to sections 3783, 3784, or 3789d(c)(2)(G) of 
this title to reflect renumbering of corresponding sections of the 
original act.
    Subsec. (b). Pub. L. 98-473, Sec. 609B(d)(4), inserted ``the Office 
of Juvenile Justice and Delinquency Prevention'' before ``or the Bureau 
of Justice Statistics''.


                    Effective Date of 1984 Amendment

    Amendment by section 609B(d) of Pub. L. 98-473 effective Oct. 12, 
1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective 
Date note under section 3711 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3789d, 5633 of this title.
