In any appeal (including civil actions) involving decisions made by the Secretary under this subchapter, the Secretary shall have the burden of proof of demonstrating by clear and convincing evidence-
(1) the validity of the grounds for the decision made; and
(2) that the decision is fully consistent with provisions and policies of this subchapter.
(
Section was formerly classified to section 458aaa–17 of this title prior to editorial reclassification and renumbering as this section.