CHANGES IN EXISTING LAW In compliance with clause 3 of rule XIII of the House of Representatives, there is printed below in roman existing law in which no change is proposed by the bill as reported. Matter proposed to be stricken by the bill as reported is enclosed in black brackets. New language proposed by the bill as reported is printed in italic. Sec. CHAPTER 87, TITLE 28, UNITED STATES CODE CHAPTER 87.-DISTRICT COURTS; VENUE 1391. Venue generally. * 1406. Cure or waiver of defects. 1407. Multidistrict litigation. § 1407. Multidistrict litigation (a) When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation authorized by this section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions. Each action so transferred shall be remanded by the panel at or before the conclusion of such pretrial proceedings to the district from which it was transferred unless it shall have been previously terminated: Provided, however, That the panel may separate any claim, cross-claim, counter-claim, or thirdparty claim and remand any of such claims before the remainder of the action is remanded. (b) Such coordinated or consolidated pretrial proceedings shall be conducted by a judge or judges to whom such actions are assigned by the judicial panel on multidistrict litigation. For this purpose, upon request of the panel, a circuit judge or a district judge may be designated and assigned temporarily for service in the transferee district by the Chief Justice of the United States or the chief judge of the circuit, as may be required, in accordance with the provisions of chapter 13 of this title. With the consent of the transferee district court, such actions may be assigned by the panel to a judge or judges of such district. The judge or judges to whom such actions are assigned, the members of the judicial panel on multidistrict litigation, and other circuit and district judges designated when needed by the panel may exercise the powers of a district judge in any district for the purpose of conducting pretrial depositions in such coordinated or consolidated pretrial proceedings. (c) Proceedings for the transfer of an action under this section may be initiated by (i) the judicial panel on multidistrict litigation upon its own initiative, or (ii) motion filed with the panel by a party in any action in which transfer for coordinated or consolidated pretrial proceedings under this section may be appropriate. A copy of such motion shall be filed in the district court in which the moving party's action is pending. The panel shall give notice to the parties in all actions in which transfers for coordinated or consolidated pretrial proceedings are H.R. 1130 90-760 - 74-33 contemplated, and such notice shall specify the time and place of any hearing to determine whether such transfer shall be made. Orders of the panel to set a hearing and other orders of the panel issued prior to the order either directing or denying transfer shall be filed in the office of the clerk of the district court in which a transfer hearing is to be or has been held. The panel's order of transfer shall be based upon a record of such hearing at which material evidence may be offered by any party to an action pending in any district that would be affected by the proceedings under this section, and shall be supported by findings of fact and conclusions of law based upon such record. Orders of transfer and such other orders as the panel may make thereafter shall be filed in the office of the clerk of the district court of the transferee district and shall be effective when thus filed. The clerk of the transferee district court shall forthwith transmit a certified copy of the panel's order to transfer to the clerk of the district court from which the action is being transferred. An order denying transfer shall be filed in each district wherein there is a case pending in which the motion for transfer has been made. (d) The judicial panel on multidistrict litigation shall consist of seven circuit and district judges designated from time to time by the Chief Justice of the United States, no two of whom shall be from the same circuit. The concurrence of four members shall be necessary to any action by the panel. (e) No proceedings for review of any order of the panel may be permitted except by extraordinary writ pursuant to the provisions of Title 28 section 1651, United States Code. Petitions for an extraordinary writ to review an order of the panel to set a transfer hearing and other orders of the panel issued prior to the order either directing or denying transfer shall be filed only in the Court of Appeals having jurisdiction over the district in which a hearing is to be or has been held. Petitions for an extraordinary writ to review an order to transfer or orders subsequent to transfer shall be filed only in the Court of Appeals having jurisdiction over the transferee district. There shall be no appeal or review of an order of the panel denying a motion to transfer for consolidated or coordinated proceedings. (f) The panel may prescribe rules for the conduct of its business not inconsistent with Acts of Congress and the Federal Rules of Civil Procedure. (g) Nothing in this section shall apply to any action in which the United States is a complainant arising under the antitrust laws. ‘Antitrust laws' as used herein include those acts referred to in the Act of October 15, 1914, as amended (38 Stat. 730; 15 U.S.C. 12), and also include the Act of June 19, 1936 (49 Stat. 1526; 15 U.S.C. 13, 13a, and 13b) and the Act of September 26, 1914, as added March 21, 1938 (52 Stat. 116, 117; 15 U.S.C. 56); but shall not include section 4A of the Act of October 15, 1914, as added July 7, 1955 (69 Stat. 282; 15 U.S.C. 15a). Mr. GRAY, from the committee of conference, CONFERENCE REPORT [To accompany H.R. 12603] The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H.R. 12603) to supplement the purposes of the Public Buildings Act of 1959 (73 Stat. 479), by authorizing agreements and leases with respect to certain properties in the District of Columbia, for the purpose of a national visitor center, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the Senate recede from its amendments numbered 6, 15, 20, 21, 22, 23, and 25. That the House recede from its disagreement to the amendments of the Senate numbered 1, 4, 8, 9, 10, 11, 13, 14, 16, 17, 19, 24, and 26, and agree to the same. Amendment numbered 2: That the House recede from its disagreement to the amendment of the Senate numbered 2, and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment insert the following: twenty-five; and the Senate agree to the same. Amendment numbered 3: That the House recede from its disagreement to the amendment of the Senate numbered 3, and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment insert the following: twenty-five; and the Senate agree to the same. Amendment numbered 5: That the House recede from its disagreement to the amendment of the Senate numbered 5, and agree to the same with an amendment as follows: Restore the matter proposed to be stricken by the Senate amendment and on page 3, line 23, of the House engrossed bill strike out "$3,000,000" and insert in lieu thereof the following: $3,500,000; and the Senate agree to the same. Amendment numbered 7: That the House recede from its disagreement to the amendment of the Senate numbered 7 and agree to the same with an amendment as follows: In lieu of the matter proposed to be stricken by the Senate amendment, on page 4, line 9, of the House engrossed bill strike out the first comma and all that follows down through and including the comma on line 10 of page 4; and the Senate agree to the same. · Amendment numbered 12: That the House recede from its disagreement to the amendment of the Senate numbered 12, and agree to the same with an amendment as follows: In lieu of the matter proposed to be stricken by the Senate amendment, on page 6, line 12, of the House engrossed bill strike out "in accordance" and all that follows down through and including “1959" on line 13 of page 6; and the Senate agree to the same. Amendment numbered 18: That the House recede from its disagreement to the amendment of the Senate numbered 18, and agree to the same with an amendment as follows: Restore the matter proposed to be stricken by the Senate amendment and on page 7, line 9, of the House engrossed bill strike out "111." and insert in lieu thereof the following: 110.; and the Senate agree to the same. KENNETH J. GRAY, ROBERT E. JONES, JOHN A. BLATNIK, JIM WRIGHT, JAMES R. GROVER, Jr., FRED SCHWENGEL, Managers on the Part of the House. JENNINGS RANDOLPH, B. EVERETT JORDAN, JOSEPH D. TYDINGS, Managers on the Part of the Senate. H.R. 1131 STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE The managers on the part of the House at the conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H.R. 12603) to supplement the purposes of the Public Buildings Act of 1959 (73 Stat. 479), by authorizing agreements and leases with respect to certain properties in the District of Columbia, for the purpose of a national visitor center, and for other purposes, submit the following statement in explanation of the effect of the action agreed upon by the conferees and recommended in the accompanying conference report: Amendment No. 1: This amendment changes the short title of the act from the "National Visitor Center Facilities Act of 1967" to the "National Visitor Center Facilities Act of 1968". The House recedes. Amendments Nos. 2 and 3: These amendments provided for the lease of Union Station Building and the parking facilities to be constructed adjacent thereto for a term not to exceed 30 years in lieu of the 20 years proposed by the House bill. The House recedes with an amendment providing that these leases shall be for terms not to exceed 25 years. Amendment No. 4: This amendment provides that rentals paid under the lease by the United States shall not exceed the fair rental value of the property as mutually determined by the Secretary, the Administrator, and the lessor. The House recedes. Amendment No. 5: This amendment eliminates the limitation that the annual aggregate cost to the United States of all leases entered into under title I of this act shall not exceed $3,000,000. The House recedes with an amendment to increase the limitation on the aggregate cost to the United States of all leases entered into under this title to an amount not to exceed $3,500,000. This limitation is intended to include all elements of costs under these leases and agreements including specifically the payment of taxes. Amendment No. 7: This amendment strikes out a specific reference to section 18 of the Public Buildings Act of 1959. Section 18 is proposed to be added to the Public Buildings Act of 1959 by title IV of the House bill which is stricken by Senate amendment No. 26, to which the House agreed. Therefore, the House recedes from amendment No. 7 with a conforming amendment to eliminate all reference to the Public Buildings Act of 1959. Amendment No. 8: This amendment sets April 15, 1968, in lieu of January 15, 1968, as provided in the House engrossed bill as the date on or before which the Secretary is to report a certain transportation study to Congress. The House recedes. Amendment No. 9: This amendment strikes out section 105 of the House bill, subsection (a) of which prohibits the District of Columbia from including in the assessed valuation of Union Station any increase in valuation by virtue of agreements, leases, or improvements made H.R. 1131 |