Title V, SEC. 5205. REVIEW BY FEDERAL HEALTH PLAN REVIEW BOARD. 
      (a) Establishment and Membership. The Secretary of Labor shall establish 
    by regulation a Federal Health Plan Review Board (hereinafter in this 
    subtitle referred to as the ``Review Board''). The Review Board shall be 
    composed of 5 members appointed by the Secretary of Labor from among 
    persons who by reason of training, education, or experience are qualified 
    to carry out the functions of the Review Board under this subtitle. The 
    Secretary of Labor shall prescribe such rules as are necessary for the 
    orderly transaction of proceedings by the Review Board. Every official act 
    of the Review Board shall be entered of record, and its hearings and 
    records shall be open to the public. 

      (b) Review Process. The Review Board shall ensure, in accordance with 
    rules prescribed by the Secretary of Labor, that reasonable notice is 
    provided for each appeal before the Review Board of a hearing officer's 
    decision under section 5304, and shall provide for the orderly 
    consideration of arguments by any party to the hearing upon which the 
    hearing officer's decision is based. In the discretion of the Review Board, 
    any other person may be allowed to intervene in the proceeding and to 
    present written argument. The National Health Board may intervene in the 
    proceeding as a matter of right. 

      (c) Scope of Review. The Review Board shall review the decision of the 
    hearing officer from which the appeal is made, except that the review shall 
    be only for the purposes of determining 

        (1) whether the determination is supported by substantial evidence on 
      the record considered as a whole, 

        (2) in the case of any interpretation by the hearing officer of 
      contractual terms (irrespective of the extent to which extrinsic evidence 
      was considered), whether the determination is supported by a 
      preponderance of the evidence, 

        (3) whether the determination is in excess of statutory jurisdiction, 
      authority, or limitations, or in violation of a statutory right, or 

        (4) whether the determination is without observance of procedure 
      required by law. 

      (d) Decision of Review Board. The decision of the hearing officer as 
    affirmed or modified by the Review Board (or any reversal by the Review 
    Board of the hearing officer's final disposition of the proceedings) shall 
    become the final order of the Review Board and binding on all parties, 
    subject to review under subsection (e). The Review Board shall cause a copy 
    of its decision to be served on the parties to the proceedings not later 
    than 5 days after the date of the proceeding. 

      (e) Review of Final Orders. 

        (1) In general. Not later than 60 days after the entry of the final 
      order, any person aggrieved by any such final order under which the 
      amount or value in controversy exceeds $10,000 may seek a review of the 
      order in the United States court of appeals for the circuit in which the 
      violation is alleged to have occurred or in which the complainant 
      resides. 

        (2) Further review. 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 the judgment shall be subject to review by the Supreme 
      Court of the United States upon writ of certiorari or certification as 
      provided in section 1254 of title 28 of the United States Code. 

        (3) Enforcement decree in original review. If, upon appeal of an order 
      under paragraph (1), the United States court of appeals does not reverse 
      the order, the court shall have the jurisdiction to make and enter a 
      decree enforcing the order of the Review Board. 

      (f) Determinations. Determinations made under this section shall be in 
    accordance with the provisions of this Act, the comprehensive benefit 
    package as provided by this Act, the rules and regulations of the National 
    Health Board prescribed under this Act, and decisions of the National 
    Health Board published under this Act. 

      (g) Awarding of Attorneys' Fees and Other Costs and Expenses. In any 
    proceeding before the Review Board under this section or any judicial 
    proceeding under subsection (e), the Review Board or the court (as the case 
    may be) shall award to a prevailing complainant reasonable costs and 
    expenses (including a reasonable attorney's fee) on the causes on which the 
    complainant prevails.