PUBLIC LAW 901--81ST CONGRESS)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R001000070010-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: November 17, 2016
• Document Release Date: July 17, 2000
• Sequence Number: 10
• Content Type: REGULATION

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[PUBLIC LAw 901-81ST CONGRESS
[CHAPTER 1189-2D SESSION]
[H. R. 5487]
AN ACT
To provide for the review of orders of the Federal Communications Commission
under the Communications Act of 1934, as amended, and of certain orders of
the Secretary of Agriculture made under the Packers and Stockyards Act, 1921,
as amended, and the Perishable Agricultural Commodities Act, 1930, as
amended, and of orders of the United States Maritime Commission or the Fed-
eral Maritime Board or the Maritime Administration under the Shipping Act,
1916, as amended, and the Intercoastal Shipping Act, 1933, as amended.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION1. As used in this Act--
(a) "Court of appeals" means a court of appeals of the United
States.
(b) "Clerk" means the clerk of the court in which the petition for
the review of an order, reviewable under this Act, is filed.
(c) "Petitioner" means the party or parties by whom a petition to
review an order, reviewable under this Act, is filed.
(d) When the order sought to be reviewed was entered by the Federal
Communications Commission, "agency" means the Commission ; when
such order was entered by the Secretary of Agriculture, "agency"
means the Secretary; when such order was entered by the United
States Maritime Commission, or the Federal Maritime Board, or the
Maritime Administration, "agency" means that Commission or Board,
or Administration, as. the case may require.
SEC. 2. The court of appeals shall have exclusive jurisdiction to
enjoin, set aside, suspend (din whole or in part), or to determine the
validity of, all final orders (a) of the Federal Communications Com-
mission made reviewable in accordance with the provisions of section
402 (a) of the Communications Act of 1934, as amended, and (b) of
the Secretary of Agriculture made under the Packers and Stockyards
Act, 1921, as amended, and under the Perishable Agricultural Com-
modities Act, 1930, as amended, except orders issued under sections 309
(e) and 317 of the Packers and Stockyards Act and section 7 (a) of
the Perishable Agricultural Commodities Act, and (c) such final orders
of the United States Maritime Commission or the Federal Maritime
Board or the Maritime Administration entered under authority of the
Shipping Act, 1916, as amended, and the Intercoastal Shipping Act,
1933, as amended, as are now subject to judicial review pursuant to
the provisions of section 31, Shipping Act, 1916, as amended.
Such jurisdiction shall be invoked by the filing of a petition as
-provided in section 4 hereof.
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SEC. 3. The venue of any proceeding under this Act shall be in the
judicial circuit wherein is the residence of the party or any of the
parties filing the petition for review, or wherein such party or any of
such parties has its principal office, or in the United States Court of
Appeals for the District of Columbia.
SEC. 4. Any party aggrieved by a final order reviewable under this
Act may, within sixty days after entry of such order, file in the court
of appeals, wherein the venue as prescribed by section 3 hereof lies,
a petition to review such order. Upon the entry of such an order,
notice thereof shall be given promptly by the agency by service or
publication in accordance with the rules of such agency. The action
in court shall be brought against the United States. The petition
shall contain a concise statement of (a) the nature of the proceedings
as to which review is sought, (b) the facts upon which venue is based,
(c) the grounds on which relief is sought, and (d) the relief prayed.
The petitioner shall attach to the petition, as exhibits, copies of the
order, report, or decision of the agency. The clerk shall serve a true
copy of the petition upon the agency and upon the Attorney General
of the United States by mailing by registered mail, with request for
return receipt, a true copy to the agency and a true copy to the
Attorney General.
SEC. 5. The court of appeals may hold a prehearing conference
or direct a judge of such court to hold a prehearing conference.
RECORD TO BE CERTIFIED
SEC. 6. Within the time prescribed by, and in accordance with the
requirements of, rules promulgated by the court of appeals in which
the proceeding is pending, unless the proceeding has been terminated
on a motion to dismiss the petition, the agency shall file in the office
of the clerk the record on review, duly certified, consisting of the
pleadings, evidence, and proceedings before the agency, or such por-
tions thereof as such rules shall require to be included in such record,
or such portions thereof as the petitioner and the agency, with the
approval of the court of appeals, shall agree upon in writing.
SEC. T. (a) Petitions to review orders reviewable under this Act,
unless determined on a motion to dismiss the petition, shall be heard in
the court of appeals upon the record of the pleadings, evidence
adduced, and proceedings before the agency where the agency has in
fact held a hearing whether or not required to do so by law.
(b) Where the agency has held no hearing prior to the taking of
the action of which review is sought by the petition, the court of
appeals shall determine whether a hearing is required by law. After
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[Pos. LAW 901.1
such determination, the court shall (1) where a hearing is required
by law, remand the proceedings to the agency for the purpose of hold-
ing 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 deter-
mination 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 addi-
tional evidence and shall show to the satisfaction of such court (1)
that such additional evidence is material, and (2) that there were rea-
sonable 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 indi-
viduals, whose interests are affected by the agency's order, may inter-
vene 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
forth in the record on review, a judgment determining the validity of,
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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 inter-
locutory injunction suspending or restraining the enforcement, opera-
tion, 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 other-
wise 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 applica-
tion 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 specify-
ing 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 injunc-
tion shall be given preference and expedited and shall be heard at
the earliest practicable date after the expiration of the notice of hear-
ing_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 pro-
vided 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 fnal 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
to proceedings under this Act.
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SWI
RULES
SEC. 11. The several courts of appeals shall adopt and promulgate
rules governing the practice and procedure, including prehearing con-
ference 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.
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