85th Congress, H. R. 4642 AN ACT To establish a Commission and Advisory Committee on International Rules of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ESTABLISHMENT OF THE COMMISSION ON INTERNATIONAL RULES OF JUDICIAL PROCEDURE Commission and SECTION 1. There is hereby established a Commission to be known Procedure. as the Commission on International Rules of Judicial Procedure, hereinafter referred to as the "Commission". PURPOSE OF THE COMMISSION SEC. 2. The Commission shall investigate and study existing practices of judicial assistance and cooperation between the United States and foreign countries with a view to achieving improvements. To the end that procedures necessary or incidental to the conduct and settlement of litigation in State and Federal courts and quasi-judicial agencies which involve the performance of acts in foreign territory, such as the service of judicial documents, the obtaining of evidence, and the proof of foreign law, may be more readily ascertainable, efficient, economical, and expeditious, and that the procedures of our State and Federal tribunals for the rendering of assistance to foreign courts and quasi-judicial agencies be similarly improved, the Commission shall (a) draft for the assistance of the Secretary of State international agreements to be negotiated by him; (b) draft and recommend to the President any necessary legislation; (c) recommend to the President such other action as may appear advisable to improve and codify international practice in civil, criminal, and administrative proceedings; and (d) perform such other related duties as the President may assign. MEMBERSHIP OF THE COMMISSION SEC. 3. (a) The Commission shall consist of nine members. The President shall appoint five members, three of whom shall be public members and two of whom shall be officials of State government whose positions give them knowledge of judicial and quasi-judicial procedures in the States. The Secretary of State shall appoint two representatives of the Department of State and the Attorney General shall appoint two representatives of the Department of Justice. The Commission shall elect a chairman from among its members. (b) Vacancies in membership of the Commission shall be filled in the same manner as in the case of original designation. (c) Seven members shall constitute a quorum. (d) Members of the Commission who are appointed by the Secretary of State and the Attorney General shall serve without compensation in addition to that received for their services in the Government. (e) The public members of the Commission shall each receive $50 per diem when engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other expenses incurred by them in the performance of such duties. 72 Stat. 1743. 72 Stat. 1744. 62 Stat. 697, 698,703,793. (f) Service of an individual as a member of the Commission or employment of an individual by the Commission shall not be considered to be service or employment bringing such individual within the provisions of sections 281, 283, 284, 434, or 1914 of title 18 of the United States Code, or section 190 of the Revised Statutes (5 U. S. C. 99). THE DIRECTOR AND STAFF SEC. 4. (a) The Director of the Commission shall be appointed by the Commission without regard to the civil-service and classification laws, and his compensation shall be fixed by the Commission without 63 Stat. 954. regard to the Classification Act of 1949, as amended. 5 USC 1071 note. (b) The Director shall serve as the Commission's reporter, and, subject to the direction of the Commission, shall supervise the activities of persons employed under the Commission, the preparation of reports, and shall perform other duties assigned him within the scope of the functions of the Commission. (c) Within the limit of funds appropriated for such purpose, individuals may be employed by the Commission for service with the Commission staff without regard to the civil-service and classification laws, and services may be procured as authorized by section 15 of the 60 Stat. 810. Act of August 2, 1946, as amended (5 U. S. C. 55a), but at rates for individuals not in excess of $50 per diem. 60 Stat. 808. 63 Stat. 166. ESTABLISHMENT OF THE ADVISORY COMMITTEE SEC. 5. (a) There is hereby established a committee of fifteen members to be known as the Advisory Committee on International Rules of Judicial Procedure (hereinafter referred to as the "Advisory Committee"), to advise and consult with the Commission. The Advisory Committee shall be appointed by the Commission from among lawyers, judges of Federal and State courts, and other persons competent to provide advice for the Commission. (b) Members of the Advisory Committee shall not be deemed to be officers or employees of the United States by virtue of such service and shall receive no compensation. Members of the Advisory Committee who are not otherwise officers or employees of the United States shall be entitled to travel and subsistence expenses as authorized by section 5 of the Administrative Expenses Act of 1946, as amended (5 U. S. C. 73b-2), for persons serving without compensation, in accordance with the provisions of the Travel Expense Act of 1949, as amended (5 U. S. C. 835–842). GOVERNMENT AGENCY COOPERATION SEC. 6. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information it deems necessary to carry out its functions under this 72 Stat. 1744. Act; and each such department, agency, and instrumentality is author72 Stat. 1745. ized to cooperate with the Commission and, to the extent permitted by law, to furnish such information to the Commission, upon request made by the Chairman or other member designated to act as Chairman. ADMINISTRATION SEC. 7. (a) For administrative purposes only, the Commission and the Advisory Committee shall be attached to the Department of 72 Stat. 1745. (b) The Commission shall render to the President annual reports Reports to for transmission to the Congress. The Commission shall submit its final report and the Commission and the Advisory Committee shall terminate and wind up their affairs prior to December 31, 1959. AUTHORIZATION OF APPROPRIATIONS SEC. 8. There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such amounts, not to exceed a total of $75,000, as may be necessary to carry out the provisions of this Act. Approved September 2, 1958. Congress. Public Law 85-918 JOINT RESOLUTION To amend the Act of September 7, 1957 (71 Stat. 626), providing for the establishment of a Civil War Centennial Commission. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of the joint resolution of September 7, 1957 (71 Stat. 626), entitled "Joint resolu- 36 USC 749. tion to establish a commission to commemorate the one hundredth anniversary of the Civil War, and for other purposes", is hereby amended to read as follows: 72 Stat. 1769. "SEC. 9. There is hereby authorized to be appropriated such sums 72 Stat. 1770. as may be necessary to carry out the provisions of this joint resolution, not to exceed $100,000 in any one fiscal year.” 85th Congress, H. R. 9817 AN ACT 72 Stat. 1770. Relating to venue in tax refund suits by corporations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1402 Corporations. (a) of tiny 28, United States of title 28, United States Code, is amended to read as follows: Tax refund is (a) of section 1346 of this title may be prosecuted only: "(2) In the case of a civil action by a corporation under paragraph (1) of subsection (a) of section 1346, in the judicial district in which is located the principal place of business or principal office or agency of the corporation; or if it has no principal place of business or principal office or agency in any judicial district (A) in the judicial district in which is located the office to which was made the return of the tax in respect of which the claim is made, or (B) if no return was made, in the judicial district in which lies the District of Columbia. Notwithstanding the foregoing provisions of this paragraph a district court, for the convenience of the parties and witnesses, in the interest of justice, may transfer any such action to any other district or division." Approved September 2, 1958. 62 Stat. 937, 933. To amend section 4201 of title 18, United States Code, with respect to the annual rate of compensation of members of the Board of Parole. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4201 of title 18, United States Code, is amended by deleting the second sentence 64 Stat. 1085. thereof and substituting in lieu thereof the following sentence: The annual rate of basic compensation of each member of the Board shall be $17,500. Approved September 6, 1958. 86th Congress, S. 726 July 23, 1959 AN ACT To amend section 11 of the Clayton Act to provide for the more expeditious enforcement of cease and desist orders issued thereunder, and for other purposes. amendments. Cease and desist orders. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the first and Clayton Act, second paragraphs of section 11 of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914 (38 Stat. 734, as amended; 15 U.S.C. 21), are hereby redesignated as subsections (a) and (b) of such section, respectively. petition. (b) The last sentence of the second paragraph of such section which Filing of has been hereby redesignated as subsection (b) is amended to read as follows: "Until the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time, or, if a petition for review has been filed within such time then until the record in the proceeding has been filed in a court of appeals of the United States, as hereinafter provided, the Commission or Board may at any time, upon such notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any report or any order made or issued by it under this section. After the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time, the Commission or Board may at any time, after notice and opportunity for hearing, reopen and alter, modify, or set aside, in whole or in part, any report or order made or issued by it under this section, whenever in the opinion of the Commission or Board conditions of fact or of law have so changed as to require such action or if the public interest shall so require: Provided, however, That the said person may, within sixty days after service upon him or it of said report or order entered after such a reopening, obtain a review thereof in the appropriate court of appeals of the United States, in the manner provided in subsection (c) of this section." (c) The third, fourth, fifth, sixth, and seventh paragraphs of such section are amended to read as follows: review. 73 Stat. 243. "(c) Any person required by such order of the commission or board Court of to cease and desist from any such violation may obtain a review of Appeals, such order in the court of appeals of the United States for any circuit within which such violation occurred or within which such person resides or carries on business, by filing in the court, within sixty days after the date of the service of such order, a written petition praying that the order of the commission or board be set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the commission or board, and thereupon the commission or board 73 Stat. 244. shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code. Upon such filing of 72 Stat. 941. the petition the court shall have jurisdiction of the proceeding and of the question determined therein concurrently with the commission or board until the filing of the record, and shall have power to make and enter a decree affirming, modifying, or setting aside the order of the commission or board, and enforcing the same to the extent that such order is affirmed, and to issue such writs as are ancillary to its jurisdiction or are necessary in its judgment to prevent injury to the public or to competitors pendente lite. The findings of the commission or board as to the facts, if supported by substantial evidence, shall be conclusive. To the extent that the order of the commission or board is affirmed, the court shall issue its own order commanding |