782 



occurred, and if such facility is owned, leased, or 

 supervised by such person. The prohibition in the 

 preceding sentence shall continue until the Admin- 

 istrator certifies that the condition giving rise to such 

 conviction has been corrected. 



(b) Notification of agencies. 



The Administrator shall establish procedures to 

 provide all Federal agencies with the notification 

 necessary for the purposes of subsection (a) of this 

 section. 



(c) Implementation by Presidential order. 



In order to implement the purposes and policy of 

 this chapter to protect and enhance the quality of 

 the Nation's water, the President shall, not more 

 than one hundred and eighty days after October 18, 

 1972, cause to be issued an order (1) requiring each 

 Federal agency authorized to enter into contracts 

 and each Federal agency which is empowered to 

 extend Federal assistance by way of grant, loan, or 

 contract to effectuate the purpose and policy of this 

 chapter in such contracting or assistance activities, 

 and (2) setting forth procedures, sanctions, penalties, 

 and such other provisions, as the President deter- 

 mines necessary to carry out such requirement. 



(d) Exemptions. 



The President may exempt any contract, loan, or 

 grant from all or part of the provisions of this sec- 

 tion where he determines such exemption is neces- 

 sary in the paramount interest of the United States 

 and he shall notify the Congress of such exemption 



(e) Annual report to Congress. 



The President shall annually report to the Con- 

 gress on measures taken in compliance with the 

 purpose and intent of this section, including, but not 

 limited to, the progress and problems associated with 

 such compliance. (June 30, 1948, ch. 758, title V, 

 § 508, as added Oct. 18, 1972, Pub. L. 92-500, § 2, 86 

 Stat. 891.) 



§ 1369. Administrative procedure and judicial review. 



(a) (1) For purposes of obtaining information un- 

 der section 1315 of this title, or carrying out section 

 1367(e) of this title, the Administrator may issue 

 subpenas for the attendance and testimony of wit- 

 nesses and the production of relevant papers, books, 

 and documents, and he may administer oaths. Ex- 

 cept for effluent data, upon a showing satisfactory 

 to the Administrator that such papers, t)ooks, docu- 

 ments, or information or particular part thereof, if 

 made public, would divulge trade secrets or secret 

 processes, the Administrator shall consider such rec- 

 ord, report, or information 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 representa- 

 tives of the United States concerned with carrying 

 out this chapter, or when relevant in any proceeding 

 under this chapter. Witnesses summoned shall be 

 paid the same fees and mileage that are paid wit- 

 nesses in the courts of the United States. In case of 

 contumacy or refusal to obey a subpena served upon 

 any person under this subsection, the district court 



of the United States for any district 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 Administrator, to appear and produce 

 papers, books, and documents before the Administra- 

 tor, or both, and any failure to obey such order of the 

 court may be punished by such court as a contempt 

 thereof. 



(2) The district courts of the United States are 

 authorized, upon application bv the Administrator, 

 to Issue subpenas for attendance and testimony of 

 witnesses and the production of relevant papers, 

 books, and documents, for purposes of obtaining 

 information under sections ISHCb) and (c) of this 

 title. Any papers, books, documents, or other infor- 

 mation or part thereof, obtained bv rea.son of such a 

 subpena shall be subject to the same requirements 

 as are provided in paragraph (1) of this subsection. 



(b)(1) Review of the .'Administrator's action (A) 

 in promulgating any standard of performance under 

 section 1316 of this title, (B) in making anv deter- 

 mination pursuant to section 1316(b) (D (C) of this 

 title, (C) in promulgating anv efRuent standard, pro- 

 hibition, or pretreatment standard under section 1317 

 of this title. (D) in making anv determination as to 

 a State permit program submitted und?r section 

 1342(b) of this title. (E) in approving or promulgat- 

 iiig any effluent limitation or other limitation under 

 section 1311, 1312, or 1316 of this title, and (P) In 

 issuing or denying any permit under section 1342 of 

 this title, mav be had by any interested person in 

 the Circuit Court of Appeals of the United States 

 for the Federal judicial district in which such person 

 resides or transacts such business upon application 

 by such person. Any such application shall be made 

 within ninetv days from the date of such determina- 

 tion, approval, promulgation, issuance or denial, or 

 after such date only if such application is based 

 solely on grounds which arose after such ninetieth 

 day. 



(2> Actl.'iin of the Administrator with respect to 

 which review cou!d have been obtained under para- 

 graph (1) of this sub.':ection shall not be subject to 

 judicial revie'v in anv civil or criminal proceeding 

 for enforcement. 



(c) In ani' 'udicial Droceeding brought under sub- 

 section (b) of this section in whi^h review is sought 

 of a determimtion under this chapter required to 

 be made on the record after notice and opportunity 

 for hearing-, if anv partv applies to the court for 

 leave to adduce additional evidence, and shows to 

 the satisfaction of the court that such additional 

 evidence i<; materinl ind that there were reasonable 

 grounds for the failurp to adduce such evidence in 

 the rroccedin.T before the Administrator, the court 

 may order ^wh additional evidence (and evidence 

 in rebuttal thereof) to be taken before the Admin- 

 istrator, in such manner and uron such terms and 

 conditions as the court may deem proper. The Ad- 

 mlni-itrator m^v modify his findings as to the facts, 

 or make new findings, bv reason of the additional 

 evidence so takf^n and he .shall file such modified or 



