Page:United States Statutes at Large Volume 66.djvu/348

 302

PUBLIC LAW 4 2 9 - J U N E 30, 1952

61 Stat. 193. 50 USC app. 1881 note.

50 U S C a p p. 1896.

souse

app.

2108. F i l i n g of complaint with Emerg e n c y C o u r t of Appeals.

Powers of Emei^ g e n c y C o u r t of Appeals.

[66

S TAT.

striking out "relating to price controls under this title" and inserting in lieu thereof "relating to price controls under this title or rent controls under the Housing and Rent Act of 1947, as amended"; and by striking out "relating to price controls" after "any such regulation or order". (2) Subsection (b) of section 407 of the Defense Production Act of 1950, as amended, is amended by inserting after "this title" the following: "and the Housing and Rent Act of 1947, as amended,"; and by inserting after "section 705 of this Act" the following: ", or section 206 of the Housing and Rent Act of 1947, as amended, as the case may be". (b) Section 408 of the Defense Production Act of 1950, as amended, is amended to read as follows: "SEC. 408. (a) Any person who is aggrieved by the denial or partial denial of his protest may, within thirty days after such denial, file a complaint with the Emergency Court of Appeals specifying his objections and praying that the regulation or order protested be enjoined or set aside in whole or in part. A copy of such complaint shall forthwith be served on the President, who shall certify and file with such court a transcript of such portions of the proceedings in connection with the protest as are material under the complaint. Such transcript shall include a statement setting forth, so far as practicable, the economic data and other facts of which the President has taken official notice. Upon such filing, the court shall have exclusive jurisdiction of the proceeding and of all questions determined therein, and shall have powder to grant such temporary relief or restraining order as it deems just and proper; to permanently enjoin or set aside, in whole or in part, the regulation or order or the amendment of or supplement to the regulation or order protested; to make and enter upon the pleadings, evidence, testimony, and proceedings set forth in such transcript a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the President; to dismiss the petition; or to remand the proceeding to the President for further action in accordance with the court's decree: Provided, That the regulation or order may be modified or rescinded by the President at any time notwithstanding the pendency of such complaint. No objection to such regulation or order, and no evidence in support of any objection thereto, shall be considered by the court, unless such objection shall have been set forth by the complainant in the protest or such evidence shall be contained in the transcript. The findings of the President with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. If application is made to the court by either party for leave to introduce additional evidence which was either offered to the President and not admitted, or which could not reasonably have been offered to the President or included by the President in such proceedings, and the court determines that such evidence should be admitted, the court shall order the evidence to be presented to the President. The President shall promptly receive the same, and such other evidence as he deems necessary or proper, and thereupon he shall certify and file with the court a transcript thereof and any modification made in the regulation or order as a result thereof; except that on request by the President, any such evidence shall be presented directly to the court. "(b) The Emergency Court of Appeals is hereby continued for the purpose of the exercise of the jurisdiction granted by this title, with the powers herein specified, together with the powers heretofore granted by law to such court which are not inconsistent with the provisions of this title. The court shall have the powders of a district court with respect to the jurisdiction conferred on it by this title. So far as

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