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
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