Page:United States Statutes at Large Volume 110 Part 2.djvu/734

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110 STAT. 1526 PUBLIC LAW 104-170—AUG. 3, 1996 supported by substantial evidence when considered on the record as a whole. "(3) ADDITIONAL EVIDENCE.— If a party applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the proceeding before the Administrator, the court may order that the additional evidence (and evidence in rebuttal thereof) shall be taken before the Administrator in the manner and upon the terms and conditions the court deems proper. The Administrator may modify prior findings as to the facts by reason of the additional evidence so taken and may modify the order or regulation accordingly. The Administrator shall file with the court any such modified finding, order, or regulation. "(4) FINAL JUDGMENT; SUPREME COURT REVIEW. — The judgment of the court affirming or setting aside, in whole or in part, any regulation or any order and any regulation which is the subject of such an order shall be final, subject to review by the Supreme Court of the United States as provided in section 1254 of title 28 of the United States Code. The commencement of proceedings under this subsection shall not, unless specifically ordered by the court to the contrary, operate as a stay of a regulation or order. "(5) APPLICATION. — Any issue as to which review is or was obtainable under this subsection shall not be the subject of judicial review under any other provision of law. "(i) CONFIDENTIALITY AND USE OF DATA.— "(1) GENERAL RULE.— Data and information that are or have been submitted to the Administrator under this section or section 409 in support of a tolerance or an exemption from a tolerance shall be entitled to confidential treatment for reasons of business confidentiality and to exclusive use and data compensation to the same extent provided by sections 3 and 10 of the Federal Insecticide, Fungicide, and Rodenticide Act. "(2) EXCEPTIONS.— "(A) IN GENERAL.— Data and information that are entitled to confidential treatment under paragraph (1) may be disclosed, under such security requirements as the Administrator may provide by regulation, to— "(i) employees of the United States authorized by the Administrator to examine such data and information in the carrying out of their official duties under this Act or other Federal statutes intended to protect the public health; or "(ii) contractors with the United States authorized n by the Administrator to examine such data and information in the carrying out of contracts under this Act or such statutes. "(B) CONGRESS. —T h is subsection does not authorize the withholding of data or information from either House of Congress or from, to the extent of matter within its jurisdiction, any committee or subcommittee of such committee or any joint committee of Congress or any subcommittee of such joint committee. "(3) SUMMARIES. —Notwithstanding any provision of this subsection or other law, the Administrator may publish the