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80 Stat. 532; 81 Stat. 196.
82 STAT. 99 82 STAT. 100
Federal benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or contribution paid by the State or local government bears to the cost of disability coverage for the individual officer.
"(b) BENEFITS IN EVENT OF DEATH.-The Secretary of Labor shall pay to any survivor of an eligible officer the difference, as determined by the Secretary in his discretion, between the benefits to which that survivor would be entitled if the officer had been an employee as defined in section 8101 (1) engaged in the performance of his duty on the occasion giving rise to his eligibility, and the comparable benefits, if any, received by the survivor (or which that survivor would have been entitled to receive but for this subchapter) by virtue of the officer's actual employment on that occasion. When an enforcement officer has contributed to a survivor's benefit fund, the reduction of Federal benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or contribution paid by the State or local government bears to the cost of survivor's benefits coverage for the individual officer.
"§ 8193. Administration
"(a) DEFINITIONS AND RULES OF CONSTRUCTION.-For the purpose of this subchapter
"(1) The term 'Attorney General' includes any person to whom the Attorney General has delegated any function pursuant to subsection (b) of this section.
"(2) The term 'Secretary of Labor' includes any person to whom the Secretary of Labor has delegated any function pursuant to subsection (b) of this section.
"(1) The Attorney General may delegate to any division, officer, or employee of the Department of Justice any function conferred upon the Attorney General by this subchapter.
"(2) The Secretary of Labor may delegate to any bureau, officer, or employee of the Department of Labor any function conferred upon the Secretary of Labor by this subchapter.
"(c) APPLICATIONS.-An application for any benefit under this subchapter may be made only
"(1) to the Secretary of Labor
"(A) any eligible officer or survivor of an eligible officer, "(B) any guardian, personal representative, or other person legally authorized to act on behalf of an eligible officer, his estate, or any of his survivors, or
"(C) any association of law enforcement officers which is acting on behalf of an eligible officer or any of his survivors; "(3) within five years after the injury or death; and
"(4) in such form as the Secretary of Labor may require. "(d) CONSULTATION WITH ATTORNEY GENERAL AND OTHER AGENCIES. The Secretary of Labor may refer any application received by him pursuant to this subchapter to the Attorney General for his assistance, comments and advice as to any determination required to be made pursuant to paragraph (1), (2), or (3) of section 8191. To insure that all Federal assistance under this subchapter is carried out in a Statistics, etc., coordinated manner, the Secretary of Labor is authorized to request
supplied by Federal agen
any Federal department or agency to supply any statistics, data, or any other materials he deems necessary to carry out his functions under this
with the Secretary of Labor and, to the extent permitted by law, to furnish such materials to him.
"(e) COOPERATION WITH STATE AGENCIES.-The Secretary of Labor shall cooperate fully with the appropriate State and local officials, and shall take all other practicable measures, to assure that the benefits of this subchapter are made available to eligible officers and their survivors with a minimum of delay and difficulty.
"(e) APPROPRIATIONS.-There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.'
(b) The table of sections at the beginning of chapter 81 of title 5 of the United States Code is amended by adding at the end:
"SUBCHAPTER III.—LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED STATES
"8191. Determination of eligibility.
82 STAT. 100
SEC. 2. The amendments made by section 1 of this Act are effective Effective only with respect to personal injuries sustained on or after the date of date. enactment of this Act.
Approved April 19, 1968.
HOUSE REPORTS: No. 567 (Comm. on the Judiciary) and No. 1187
(Comm. of Conference).
SENATE REPORT No. 521 accompanying S. 798 (Comm. on the Judiciary).
Vol. 113 (1967): Sept. 11, considered and passed House.
Vol. 114 (1968): Mar. 27, House agreed to conference report.
90th Congress, S. 159
82 STAT. 109
To provide for the temporary transfer to a single district for coordinated or consolidated pretrial proceedings of civil actions pending in different districts which involve one or more common questions of fact, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 87 of title 28, United States Code, is amended by inserting therein after section 1406:
❝g 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 third-party claim and remand any of such claims before the remainder of the action is remanded.
"(b) Such coordinated or consolidated pretrial proceedings shall Assignment be conducted by a judge or judges to whom such actions are assigned of judges. 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.
62 Stat. 900; 72 Stat. 848. 28 USC 291
"(c) Proceedings for the transfer of an action under this section Initiation 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 proceed"ings 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 Hearings, transfers for coordinated or consolidated pretrial proceedings are con- eto. templated, 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
82 STAT. 110
Panel oirouit and district Judges.
62 Stat. 944.
Rules of conduct.
28 USC app. Exemption.
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.Č. 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)."
SEC. 2. The analysis to chapter 87 of title 28, United States Code, is amended by inserting the following new section:
90th Congress, H. J. Res. 1292
To authorize the United States Secret Service to furnish protection to major presidential or vice presidential candidates.
82 stat. 170
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the United States Presidential Secret Service, in addition to other duties now provided by law, is candidates. authorized to furnish protection to persons who are determined from Secret Service time to time by the Secretary of the Treasury, after consultation with protection. the advisory committee, as being major presidential or vice presidential candidates who should receive such protection (unless the candidate has declined such protection).
(b) The advisory committee referred to in subsection (a) shall Advisory consist of the Speaker of the House of Representatives, the minority committee. leader of the House of Representatives, the majority leader of the Senate, the minority leader of the Senate and one additional member selected by the other members of the committee.
SEC. 2. Hereafter, when requested by the Director of the United States Secret Service, Federal Departments and agencies, unless such authority is revoked by the President, shall assist the Secret Service in the performance of its protective duties under section 3056 of title 18 of the United States Code and the first section of this joint resolution.
65 Stat. 122;
79 Stat. 890.
SEC. 3. For necessary expenses of carrying out the provisions of Appropriation. this resolution, there is hereby appropriated out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1968, the sum of $400,000. Approved June 6, 1968.
CONGRESSIONAL RECORD, Vol. 114 (1968):
June 6: Considered and passed House and Senate.