secret processes of such owner or operator, the Ad- 

 ministrator shall consider such record, report, or In- 

 formation or particular portion thereof confidential 

 In accordance with the purposes of section 1905 of 

 Title 18, except that such paper, book, document, 

 or information may be disclosed to other officers, 

 employees, or authorized representatives of the 

 United States concerned with carrying out this chap- 

 ter, to persons carrying out the National Academy of 

 Sciences' study and investigation provided for in 

 section 1857f-l(c) of this title, or when relevant In 

 any proceeding under this chapter. Witnesses sum- 

 moned shall be paid the same fees and mileage that 

 are paid witnesses in the courts of the United States. 

 In case of contumacy or refusal to obey a subtiena 

 served upon any person under this subp>aragraph, 

 •the district court of the United States for any dis- 

 trict in which such person is found or resides or 

 transacts business, upon application by the United 

 States and after notice to such person, shall have 

 jurisdiction to issue an order requiring such person 

 to appear and give testimony before the Adminis- 

 trator to appear and produce papers, books, and 

 documents before the Administrator, or both, and 

 any failure to obey such order of the court may be 

 punished by such court as a contempt thereof. 



(bXl) A petition for review of action of the Ad- 

 ministrator in promulgating any national primary 

 or secondary ambient air quality standard, any 

 emission standard under section 1857c-7 of this title, 

 any standard of performance under section 1857c- 

 6 of this title, any standard under section 1857f-l 

 of this title (other than a standard required to be 

 prescribed under section 1857f-l(b) (1) of this title) , 

 any determination under section 1857f-l(b) (5) of 

 this title, any control or prohibition under section 

 1857f-6c of this title or any standard under section 

 1857f-9 of this title may be filed only in the United 

 States Court of Appeals for the District of Columbia. 

 A petition for review of the Administrator's action 

 in approving or promulgating any Implementation 

 plan under section 1857c-5 of this title or section 

 1857c-6(d) of this title, inay be filed only In the 

 United States Court of Appeals for the appropriate 

 circuit. Any such petition shall be filed vkithin 30 

 days from the date of such promulgation or approval, 

 or after such date if such petition is based solely on 

 grounds arising after such 30th day. 



(2) Action of the Administrator with respect to 

 which review could have been obtained under para- 

 graph (1) shall not be subject to judicial review In 

 civil or criminal proceedings for enforcement. 



(c) In any judicial proceeding in which review Is 

 sought of a determination under this chapter re- 

 quired to be made on the record after notice and 

 opportunity for hearing, if any party applies to the 

 court for leave to adduce additional evidence, and 

 shows to the satisfaction of the court that such 

 additional evidence is material and that there were 

 reasonable grounds for the failure to adduce such 

 evidence in the proceeding before the Administrator, 

 the court may order such additional evidence (and 

 evidence in rebuttal thereof) to be taken before the 

 Administrator, in such manner and upon such terms 



and conditions as to the court may deem proper. The 

 Administrator may modify his findings as to the 

 facts, or make new findings, by reason of the addi- 

 tional evidence so taken and he shall file such mod- 

 ified or new findings, and his recommendation, if 

 any, for the modification or setting aside of his 

 original determination, with the return of such ad- 

 diUooal evidence. (July 14, 1955, ch. 360, Utle HI, 

 i 307, as added Dec. 31, 1970, Pub. L. 91-604, § 12(a), 

 84 SUt. 1707.) 



(As amended Nov. 18, 1971, Pub. L. 92-157, title m, 

 1302(a), 85 Stat. 464.) 



Amendments 

 1971 — Subsec. (a) (1). Pub. L. 92-157 substituted refer- 

 ence to section "ISSTf-ecCc) (3)" for "1857f-6c(c) (4)" of 

 this title. 



§ 1857h-6. Mandatory licensing. 



Whenever the Attorney Gieneral determines, upon 

 application of the Administrator — 



(1) that— 



(A) in the implementation of the require- 

 ments of section 1857c-6, 1857c-7, or 1857f-l of 

 this title, a right under any United States letters 

 patent, which is being used or intended for 

 public or commercial use and not otherwise 

 reasonably available, is necessary to enable any 

 person required to comply with such limitation 

 to so comply, and 



(B) there are no reasonable alternative meth- 

 ods to accomplish such purpose, and 



(2) that the unavailability of such right may 

 result in a substantial lessening of competition or 

 tendency to create a monopoly in any line of com- 

 merce in any section of the country, 



the Attorney General may so certify to a district 

 court of the United States, which may issue an order 

 requiring the person who owns such patent to license 

 It on such reasonable terms and conditions as the 

 court, after hearing, may determine. Such certifi- 

 cation may be made to the district court for the 

 district in which the person owning the patent re- 

 sides, does business, or is found. (July 14, 1955, ch. 

 360, Utle ni. § 308, as added Dec. 31, 1970, Pub. L. 

 91-604, § 12(a). 84 Stat. 1708.) 



§ 1857h-7. Policy review. 



(a) The Administrator shall review and comment 

 in writing on the envirormiental impact of any mat- 

 ter relating to duties and responsibilities granted 

 pursuant to this chapter or other provisions of the 

 authority of the Administrator, contained In any (1) 

 legislation proposed by any Federal department or 

 agency. (2) newly authorized F^eral projects for 

 construction and any major Federal agency action 

 (other than a project for construction) to which 

 secUon 4332(2) (C) of this Utle applies, and (3) 

 proposed regulations published by any department 

 or agency of the Federal Government. Such written 

 comment shall be made public at the conclusiwi of 

 any such review. 



(b) In the event the Administrator determines 

 that any such legislation, action, or regulaUon is 

 unsaUsfactory from the standpoint of public health 

 or welfare or environmental quality, he shall publish 



