such determination, the court shall (1) where a hearing is required by law, remand the proceedings to the agency for the purpose of holding a hearing; (2) where a hearing is not required by law, pass upon the issues presented when it appears from the pleadings and affidavits filed by the parties that no genuine issue of material fact is presented; and (3) where a hearing is not required by law, and a genuine issue of material fact is presented, transfer the proceedings to a United States district court for the district where the petitioner or any petitioner resides or has its principal office for hearing and determination as if such proceedings were originally initiated in the district court. The procedure in such cases in the United States district courts shall be governed by the Federal Rules of Civil Procedure. ADDITIONAL EVIDENCE (c) If a party to a proceeding to review shall apply to the court of appeals, in which the proceeding is pending, for leave to adduce additional evidence and shall show to the satisfaction of such court (1) that such additional evidence is material, and (2) that there were reasonable grounds for failure to adduce such evidence before the agency, such court may order such additional evidence and any counterevidence the opposite party desires to offer to be taken by the agency. The agency may modify its findings of fact, or make new findings, by reason of the additional evidence so taken and may modify or set aside its order and shall file a certified transcript of such additional evidence, such modified findings or new findings, and such modified order or the order setting aside the original order. REPRESENTATION IN PROCEEDING-INTERVENTION SEC. 8. The Attorney General shall be responsible for and have charge and control of the interests of the Government in all court proceedings authorized by this Act. The agency, and any party or parties in interest in the proceeding before the agency whose interests will be affected if an order of the agency is or is not enjoined, set aside, or suspended, may appear as parties thereto of their own motion and as of right, and be represented by counsel in any proceeding to review such order. Communities, associations, corporations, firms, and individuals, whose interests are affected by the agency's order, may intervene in any proceeding to review such order. The Attorney General shall not dispose of or discontinue said proceeding to review over the objection of such party or intervenors aforesaid, but said intervenor or intervenors may prosecute, defend, or continue said proceeding unaffected by the action or nonaction of the Attorney General therein. JURISDICTION OF PROCEEDING SEC. 9. (a) Upon the filing and service of a petition to review, the court of appeals shall have jurisdiction of the proceeding. The court of appeals in which the record on review is filed, on such filing, shall have jurisdiction to vacate stay orders or interlocutory injunctions theretofore granted by any court, and shall have exclusive jurisdiction to make and enter, upon the petition, evidence, and proceedings set and enjoining, setting aside, or suspending, in whole or in part, the order of the agency. STAY OR SUSPENSION OF ORDERS; INTERLOCUTORY INJUNCTIONS (b) The filing of the petition to review shall not of itself stay or suspend the operation of the order of the agency, but the court of appeals in its discretion may restrain or suspend, in whole or in part, the operation of the order pending the final hearing and determination of the petition. Where the petitioner makes application for an interlocutory injunction suspending or restraining the enforcement, operation, or execution of, or setting aside, in whole or in part, any order reviewable under this Act, at least five days' notice of the hearing thereon shall be given to the agency and to the Attorney General of the United States. In cases where irreparable damage would otherwise ensue to the petitioner, the court of appeals may, on hearing, after not less than five days' notice to the agency and to the Attorney General, order a temporary stay or suspension, in whole or in part, of the operation of the order of the agency for not more than sixty days from the date of such order pending the hearing on the application for such interlocutory injunction, in which case such order of the court of appeals shall contain a specific finding, based on evidence submitted to the court of appeals, and identified by reference thereto, that such irreparable damage would result to petitioner and specifying the nature of such damage. The court of appeals, at the time of hearing the application for an interlocutory injunction, upon a like finding, may continue the temporary stay or suspension, in whole or in part, until decision on the application. The hearing upon such an application for an interlocutory injunction shall be given preference and expedited and shall be heard at the earliest practicable date after the expiration of the notice of hearing on the application provided for above. Upon the final hearing of any proceeding to review any order under this Act, the same requirements as to precedence and expedition shall apply. REVIEW IN THE SUPREME COURT ON CERTIORARI OR CERTIFICATION SEC. 10. An order granting or denying an interlocutory injunction under section 9 (b) of this Act shall be subject to review by the Supreme Court of the United States upon writ of certiorari as provided in title 28, United States Code, section 1254 (1): Provided, That application therefor be duly made within forty-five days after the entry of such order. The final judgment of the court of appeals in a proceeding to review under this Act shall be subject to review by the Supreme Court of the United States upon a writ of certiorari in accordance with the provisions of title 28, United States Code, section 1254 (1): Provided further, That application therefor be duly made within ninety days after the entry of such judgment. Either the United States or the agency or an aggrieved party may file such petition for a writ of certiorari. The provisions of title 28, United States Code, section 1254 (3), regarding certification, and of title 28, United States Code, section 2101 (e), regarding stays, shall also apply RULES SEO. 11. The several courts of appeals shall adopt and promulgate rules governing the practice and procedure, including prehearing conference procedure, in proceedings to review orders under this Act: Provided, however, That such rules shall be approved by the Judicial Conference of the United States. ENFORCEMENT SEC. 12. The several United States district courts are hereby vested with jurisdiction specifically to enforce, and to enjoin and restrain any person from violating any order heretofore or hereafter issued under section 203 of the Packers and Stockyards Act, 1921 (42 Stat. 161). REPEALS SEC. 13. All laws or parts of laws inconsistent with the provisions of this Act are repealed. EFFECTIVE DATE SEC. 14. This Act shall take effect on the thirtieth day after the date of its approval. However, actions to enjoin, set aside, or suspend orders of the Federal Communications Commission or the Secretary of Agriculture, or the United States Maritime Commission, the Federal Maritime Board, and the Maritime Administration which are pending when this Act becomes effective, shall not be affected thereby, but shall proceed to final disposition under the existing law. Approved December 29, 1950. To authorize the construction of modern naval vessels, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized to undertake the construction of, or to acquire and convert, not to exceed five hundred thousand tons of modern naval vessels in the following categories and subcategories: (a) Combatant vessels, three hundred and fifteen thousand tons, divided into: 1. Warships, one hundred thousand tons, including one aircraft carrier of not to exceed sixty thousand tons. 2. Amphibious warfare vessels and landing craft, one hundred and seventy-five thousand tons. 3. Mine warfare vessels, twenty-five thousand tons. 4. Patrol vessels, fifteen thousand tons. (b) Auxiliary vessels, one hundred and seventy-five thousand tons. (c) Service craft, nine thousand tons. (d) Experimental types, one thousand tons. SEC. 2. The President is authorized to convert not to exceed one million tons of existing naval vessels, from among those vessels on the Navy List determined to be best fitted for conversion, to modern naval vessels, of the following categories and subcategories: (a) Combatant vessels, one million tons, divided into: 1. Warships, nine hundred and ninety thousand tons. SEC. 3. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for the construction, acquisition, or conversion of the foregoing vessels. SEC. 4. Notwithstanding the provisions of the Mutual Defense Assistance Act of 1949, as amended, or the provisions of any other law, no battleship, carrier, cruiser, destroyer, or submarine of the United States which has not been stricken from the Navy Register as provided by section 2 of the Act of August 5, 1882 (22 Stat. 296), as amended, or any interest of the United States in any such vessel, shall hereafter be sold, transferred, or otherwise disposed of unless authorized hereafter by the Congress. SEC. 5. The balance of tonnage authorizations remaining in the following Acts are hereby rescinded: (a) The Act of December 17, 1943 (Public Law 204, Seventyeighth Congress). (b) The Act of July 9, 1942 (Public Law 665, Seventy-seventh Congress). (c) The Act of May 24, 1941 (Public Law 72, Seventy-seventh Congress) as amended by the Act of December 17, 1941 (Public Law 353, Seventy-seventh Congress). (d) The Act of May 26, 1943 (Public Law 61, Seventy-eighth Congress). Approved March 10, 1951. Chapter 25 - 1st Session AN ACT Authorizing vessels of Canadian registry to transport iron ore between United States ports on the Great Lakes during 1951. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, by reason of emergency conditions in transportation on the Great Lakes, notwithstanding the provisions of section 27 of the Act of June 5, 1920 (41 Stat. 999), as amended by Act of April 11, 1935 (49 Stat. 154), and by Act of July 2, 1935 (49 Stat. 442), or the provisions of any other Act, or regulation, vessels of Canadian registry shall be permitted to transport iron ore between United States ports on the Great Lakes until December 31, 1951, or until such earlier time as the Congress by concurrent resolution or the President by proclamation may designate. Approved March 29, 1951. To give the Department of Commerce the authority to extend certain charters of vessels to citizens of the Republic of the Philippines, and for other purposes. the Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provisions of existing law, the Secretary of Commerce shall have authority to extend and continue the present charters of vessels to citizens of the Republic of the Philippines, which charters were made and entered into under the terms of section 306 (a) of the Act of April 30, 1946 (Public Law 370, Seventy-ninth Congress). Such charters may be extended for such periods of time and under such terms and conditions as the Secretary may, from time to time, determine to be required in the interest of the economy of the Philippines, but any such charter shall contain a provision requiring that the vessel shall be operated only in the interisland commerce in the Philippines. No such vessel shall be continued under charter beyond the completion of the first voyage terminating after April 30, 1952. Approved April 28, 1951. |