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LEGISLATION RELATING TO THE COURT

OF CLAIMS

Public Law 779, amending certain sections of the United States Code, contains provisions affecting the Court of Claims which are reproduced herewith, omitting other provisions not pertinent.

[PUBLIC Law 779—83D CONGRESS]

[CHAPTER 1263—2D SESSION]

H. R. 9730

AN ACT

To amend various statutes and certain titles of the United States

Code, for the purpose of correcting obsolete references, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (a) of section 201 of Title 1, United States Code, entitled "General Provisions", is amended by striking out “Secretary of State," appearing at the end of such paragraph, and in lieu thereof inserting “Administrator of General Services”, so that such paragraph will read as follows: “(a) PUBLISHING IN SLIP OR PAMPHLET FORM OR IN STAT-,

UTES AT LARGE Publication in slip or pamphlet form or in the Statutes at Large of any of the volumes or publications enumerated in sections 202 and 203 of this title, shall, in event of enactment, be dispensed with whenever the Committee on the Judiciary of the House of Representatives so directs the Administrator of General Services;”.

SEC. 2. Section 209 of Title 1, United States Code, is amended by striking out, at the end thereof, "Secretary of State", and in lieu thereof inserting “Administrator of General Services", so that such section will read as follows:

"g 209. COPIES OF SUPPLEMENTS TO CODE OF LAWS OF UNITED

STATES AND OF DISTRICT OF COLUMBIA CODE AND

SUPPLEMENTS; CONCLUSIVE EVIDENCE OF ORIGINAL "Copies of the Code of Laws relating to the District of Columbia and copies of the supplements provided for by sections 202 and 203 of this title printed at the Government Printing Office and bearing its imprint, shall be conclusive evidence of the original of such code and supplements in the custody of the Administrator of General Services.".

Sec. 38. The analysis of chapter 7 of Title 28, United States Code, immediately preceding section 171 of such title, is amended by adding, immediately preceding the period at the end of item 171 in such analysis, the following:“; character of court", so that such item will read as follows: "171. Appointment and number of judges; character of court.”.

Sec. 39. (a) The catchline to section 171 of Title 28, United States Code, is amended by adding at the end hereof the following: "; character of court", so that such catchline will read as follows:“ 171. Appointment and number of judges; character of court”.

(b) Subsection (c) of section 291 of Title 28, United States Code, is amended by striking all of the subsections following "may,” and in lieu thereof inserting “upon presentation to him by the chief judge of the Court of Claims of a certificate of necessity, designate and assign temporarily any circuit judge to serve as a judge of the Court of Claims,” so that the subsection will read as follows:

"(c) The Chief Justice of the United States may, upon presentation to him by the chief judge of the Court of Claims of a certificate of necessity, designate and assign temporarily any circuit judge to serve as a judge of the Court of Claims”.

(c) Subsection (d) of section 292 of Title 28, United States Code, is amended by striking all of the subsection following the word “may” and in lieu thereof inserting “upon presentation to him by the chief judge of the Court of Claims of a certificate of necessity, designate and assign temporarily any district judge to serve as a judge of the Court of Claims”, so that the subsection will read as follows:

“(d) The Chief Justice of the United States may upon presentation to him by the chief judge of the Court of Claims of a certificate of necessity, dosignate and assign temporarily any district judge to serve as a judge of the Court of Claims.”

(d) Section 295 of Title 28, United States Code, is amended by inserting "of a circuit or district judge in active service” immediately after "assignment” and by striking out "a" and inserting "the" so that such section will read: "295. CONDITIONS UPON DESIGNATION AND ASSIGNMENT

“No designation and assignment of a circuit or district judge in active service shall be made without the consent of the chief judge or judicial council of the circuit from which the judge is to be designated and assigned.

“All designations and assignments of justices and judges shall be filed with the clerks and entered on the minutes of the courts from and to which made.

“The Chief Justice of the United States, a circuit justice or a chief judge of a circuit may make new designation and assignments in accordance with the provisions of this chapter and may revoke those previously made by him.”

Sec. 40. The analysis of chapter 51 of Title 28, United States Code, immediately preceding section 791 of such title, is amended by striking out the item “793. Reporter-commissioners; stenographers”, now appearing in such analysis.

Sec. 41. (a) Subsection (a) of section 792 of Title 28, United States Code, is amended (1) by striking out where it appears in such subsection “United States”; and (2) by striking out the period at the end of such subsection and in lieu thereof inserting “and shall devote all of their time to the duties of the office.", so that such subsection will read as follows:

“(a) The Court of Claims may appoint fifteen commissioners who shall be subject to removal by the court and shall devote all of their time to the duties of the offi

(b) Subsection (b) of section 792 of Title 28, United States Code, is amended (1) by striking out where it appears in such subsection “a salary of $7,500 a year”, and in lieu thereof inserting "basic compensation at the rate of $14,800 a year”; (2) by striking out where it appears in such subsection "all necessary traveling expenses, and also his reasonable maintenance expenses actually incurred, not exceeding $7 per day, while taking testimony or transacting other official business at a place other than Washington." and in lieu thereof inserting “also all necessary traveling expenses and a per diem allowance as provided in sections 835–842 of Title 5, while traveling on official business and away from Washington, District of Columbia", so that such subsection will read as follows:

“(b) Each commissioner shall receive basic compensation at the rate of $14,800 a year, and also all necessary traveling expenses and a per diem allowance as provided in sections 835–842 of Title 5 while traveling on official business and away from Washington, District of Columbia.".

(c) Subsection (c) of section 792 of Title 28, United States Code, is repealed.

(d) The concluding paragraph of section 792 of Title 28, United States Code, providing “Each commissioner shall devote all of his time to the duties of his office.” is repealed.

Sec. 42. Section 1343 of Title 28, United States Code, is amended by striking out, in the two places where it appears in such section, the reference “47 of Title 8”, and in lieu thereof inserting “1985 of Title 42”.

Sec. 43. The analysis of chapter 91 of Title 28, United States Code, immediately preceding section 1491 of such title, is amended (1) by adding, immediately preceding the period at the end of item 1491 in such analysis, the following: "; actions involving Tennessee Valley Authority", so that such item will read as follows: "1491. Claims against United States generally; actions involving Tennessee Valley Authority."; and (2) by striking out the item “1943. Departmental reference cases.", now appearing in such analysis.

SEC. 44. (a) The catchline to section 1491 of Title 28, United States Code, is amended by adding at the end thereof the following:“; actions involving Tennessee Valley Authority", so that such catchline will read as follows: "$ 1491. Claims against United States generally; actions involving Tennessee Valley Authority”.

(b) Section 1491 of Title 28, United States Code, is amended by striking out where it appears in such section the following: "The United States Court of Claims shall have jurisdiction to render judgment upon any claim against the United States:

(1) founded upon the Constitution; or
(2) founded upon any Act of Congress; or

“(3) founded upon any regulation of an executive department; or

"(4) founded upon any express or implied contract with the United States; or

“(5) for liquidated or unliquidated damages in cases not sounding in tort.”, and in lieu thereof inserting "The Court of Claims shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.", so that such section will read as follows:

“The Court of Claims shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.

"Nothing herein shall be construed to give the Court of Claims jurisdiction in suits against, or founded on actions of, the Tennessee Valley Authority, nor to amend or modify the provisions of the Tennessee Valley Authority Act of 1933, as amended, with respect to suits by or against the Authority.”

(c) Section 1494 of Title 28, United States Code, is amended by striking out “United States Court of Claims” and inserting in lieu thereof “Court of Claims” so that such section will read: "S 1494. ACCOUNTS OF OFFICERS, AGENTS OR CONTRACTORS

"The Court of Claims shall have jurisdiction to determine the amount, if any, due to or from the United States by reason of any unsettled account of any officer or agent of, or contractor with, the United States, or a guarantor, surety

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