PUBLIC LAW 562-84TH CONGRESS

CHAPTER 363-2D SESSION

H. R. 5862

AN ACT

To confer jurisdiction upon United States district courts to adjudicate certain claims of Federal employees for the recovery of fees, salaries, or compensation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any lapse of time or statute of limitations, and notwithstanding section 1346 (d) (2) of title 28, United States Code, the United States district courts shall have jurisdiction of all civil actions or claims to recover fees, salary, or compensation for official services of employees of the United States which were filed prior to October 31, 1951, and were thereafter dismissed for want of jurisdiction as a result of the amendments made to such section by section 50 (b) of the Act entitled "An Act to amend certain titles of the United States Code, and for other purposes", approved October 31, 1951.

Such cases which were pending in the district courts or in the courts of appeals on October 31, 1951, and which may have been dismissed by reason of the withdrawal of jurisdiction during their pendency, shall be restored upon petition to the appropriate court within one year after the effective date of this Act.

Approved June 4, 1956.

(See 107 C. Cls. 422.)

PRIVATE LAW 713-84TH CONGRESS

CHAPTER 457-2D SESSION

H. R. 11205

AN ACT

To confer jurisdiction upon the United States Court of Claims to hear, determine, and render judgement upon the claims of Roy Cowan and others arising by reason of the flooding of land in the vicinity of Lake Alice, North Dakota.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, jurisdiction is hereby conferred upon the Court of Claims to hear, determine, and render judgment upon the claims of Roy Cowan, Dorothy Gessner, Norris Larson, L. A. Anderson, Albert and Evelyn Moen, Allan Overland and Reuben Overland, Reuben Overland, C. N. Barrett, as agent of certain landowners, Joseph Hartl, Annie Elsperger, John F. Elsperger and Kathleen Elsperger, his wife, Robert M. Elsperger, Roman F. Elsperger, Bernard F. Lange, Roy A. Noltimier, Donald Noltimier and Agatha Noltimier, his wife, Henry Noltimier, Maude Wright Webster, Ewald Henke, Harry L. Overland and Bella Overland, John Magnuson, Roy G. Sylvester and Walter E. Sylvester, as to the liability of the United States, if any, either legal or equitable, for losses alleged to have been sustained by said persons arising by reason of the flooding of land in the vicinity of Lake Alice, North Dakota, as a result of the acivities of the Fish and Wildlife Service in connection with the establishment and maintenance of a migratory wildlife refuge.

SEC. 2. Notwithstanding any statute of limitations or lapse of time, suit upon such claims may be instituted by the claimants within 1 year after the enactment of this Act. Proceedings for the determination of such claims and review thereof, and payment of any judgments thereon shall be had as in the case of claims over which said court has jurisdiction under section 1491 of title 28 of the United States Code.

SEC. 3. Nothing contained in this Act shall be construed as an inference of liability on the part of the United States Government.

Approved June 27, 1956.

(C. Cls. No. 441–56.)

PRIVATE LAW 730-84TH CONGRESS

CHAPTER 499-2D SESSION

S. 2016

AN ACT

To confer jurisdiction upon the Court of Claims to hear, determine, and render judgment upon the claim of Lawrence F. Kramer. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby conferred upon the United States Court of Claims to hear, determine, and render judgment upon the claim of Lawrence F. Kramer, of 354 East Fortysecond Street, Paterson, New Jersey, in the manner hereinafter provided by this Act.

SEC. 2. For the purposes of this Act, the said Lawrence F. Kramer (hereinafter referred to as "the claimant") shall establish to the satisfaction of the Court of Claims the following: (1) That the claimant furnished the United States with information in 1935 regarding a fraudulent conspiracy, collusive bidding, and bribery in connection with certain sand and stone supply contracts, awarded or to have been awarded by the Works Progress Administration, in New Jersey; and (2) that the claimant collaborated with and assisted United States investigators and furnished them with leads which made more possible the Government's success in criminal prosecution numbered 8516b, United States District Court, District of New Jersey (1938), and civil action numbered 1956 which was filed on January 5, 1942, United States District Court, District of New Jersey, and in which the United States entered an appearance on March 11, 1944, and which was settled by way of compromise to the pecuniary benefit of the United States on March 4, 1952.

SEC. 3. The Court of Claims shall accept as a basis for determining the services referred to in section 2 hereof the following: (1) all papers (or duly authenticated copies thereof), including transcripts of court proceedings, depositions, records, pleadings, orders, and exhibits filed in the criminal and civil causes referred to in section 2 hereof; and (2) the findings of fact and conclusions of law and opinion

393549-56-3

of the court in United States ex rel. Bayarsky against Brooks et al. (110 F. Supp. 175).

SEC 4. Upon determination by the Court of Claims that the claimant has complied with section 2 hereof, the claimant shall be deemed to have instituted a qui tam action and to be legally and equitably entitled to a judgment as hereinafter provided under the appropriate provisions of the False Claims Act which were in force at the time claimant's cause of action thereunder arose, namely, sections 3490 to 3494, inclusive, of the Revised States (31 U. S. C., 1940 edition, secs. 231-235). In computing the amount of such judgment, the provisions of section 3493 of the Revised Statutes (31 U. S. C., 1940 edition, sec. 234), entitling the claimant to onehalf of the costs and the recovery which was obtained by the Government in civil action numbered 1956, United States District Court, District of New Jersey, shall not apply but, instead, the claimant shall be entitled to recover only 30 per centum of the amount recovered in the said civil action numbered 1956, exclusive of the usual costs and expenses, by the United States on March 4, 1952.

SEC. 5. Suit under this Act shall be instituted within six months after enactment hereof, and the judgment by the Court of Claims shall be final, and shall not be subject to review. Payment of such judgment shall be in the same manner as in the case of claims over which such court has jurisdiction as provided by law, and shall constitute full and complete settlement of all claims or demands of any nature whatsoever arising out of the litigation referred to in this Act.

Approved July 2, 1956.

(C. Cls. No. 294-56.)

PUBLIC LAW 659-84TH CONGRESS

CHAPTER 517-2D SESSION

S. 977

AN ACT

To amend title 28, United States Code, with respect to duties of judges of the United States Court of Claims

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subsection 291 (a) of title 28, United States Code, is amended to read as follows:

"(a) The Chief Justice of the United States may designate and assign temporarily any circuit judge to act as circuit judge in another circuit, or any judge of the Court of Claims to serve as circuit judge in any circuit, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises."

(b) Section 292 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: "(e) The Chief Justice of the United States may designate and assign any judge of the Court of Claims to serve as a judge of any district court, when requested so to do, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises."

(c) Subsection 294 (b) of title 28, United States Code, is amended by adding at the end thereof the following new paragraph:

"Any retired judge of the Court of Claims (1) may be designated and assigned by the Chief Justice of the United States to perform such judicial duties in any circuit as he is willing to undertake, and (2) may be called upon by the chief judge of the Court of Claims to perform such judicial duties in such court as he is willing to undertake."

(d) Section 331 of title 28, United States Code, is amended by inserting, immediately after the second paragraph thereof, the following new paragraph:

"The Chief Justice of the United States shall also summon the chief judge of the Court of Claims, or if he is unable to attend, another judge of such court, to participate in the con