or personal representative of any such officer, agent or contractor, and to render judgment thereof where

"(1) claimant or the person he represents has applied to the proper department of the Government for settlement of the account;

"(2) three years have elapsed from the date of such application without settlement; and

"(3) no suit upon the same has been brought by the United States."

SEC. 45. Section 1821 of Title 28, United States Code, as amended by the Act approved May 10, 1949 (ch. 96, 63 Stat. 65), the Act approved May 24, 1949 (ch. 139, sec. 94, 63 Stat. 103), and the Act approved Oct. 31, 1951 (ch. 655, sec. 51 (a), 65 Stat. 727), is amended by striking out, in the first sentence thereof, the words "or before a United States commissioner or person taking his deposition pursuant to any order of a court of the United States,", and in lieu thereof inserting 66 or before a United States commissioner, or before any person authorized to take his deposition pursuant to any rule or order of a court of the United States,", so that such section will read as follows:

"§ 1821. PER DIEM AND MILEAGE GENERALLY; SUBSISTENCE

"A witness attending in any court of the United States, or before a United States commissioner, or before any person authorized to take his deposition pursuant to any rule or order of a court of the United States, shall receive $4 for each day's attendance and for the time necessarily occupied in going to and returning from the same, and 7 cents per mile for going from and returning to his place of residence. Witnesses who are not salaried employees of the Government and who are not in custody and who attend at points so far removed from their respective residences as to prohibit return thereto from day to day shall be entitled to an additional allowance of $5 per day for expenses of subsistence including the time necessarily occupied in going to and returning from the place of attendance: Provided, That in lieu of the mileage allowance provided for herein, witnesses who are required to travel between the Territories, possessions, or to and from the continental United States, shall be entitled to the

actual expenses of travel at the lowest first-class rate available at the time of reservation for passage, by means of transportation employed: Provided further, That this section shall not apply to Alaska.

"When a witness is detained in prison for want of security for his appearance, he shall be entitled, in addition to his subsistence, to a compensation of $1 per day.".

SEC. 46. The analysis of chapter 165 of Title 28, United States Code, immediately preceding section 2501 of such title, is amended by striking out of item 2510, in such analysis, the words "Departmental reference cases", and in lieu thereof inserting "Referral of cases by Comptroller General", so that such item will read as follows: "2510. Referral of cases by Comptroller General.".

SEC. 47. (a) The first paragraph of section 2508 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 paragraph will read:

"Upon the trial of any suit in the Court of Claims in which any setoff, counterclaim, claim for damages, or other demand is set up on the part of the United States against any plaintiff making claim against the United States in said court, the court shall hear and determine such claim or demand both for and against the United States and plaintiff."

(b) The catchline to section 2510 of title 28, United States Code, is amended by striking out the words "Departmental reference cases", appearing in such catchline, and in lieu thereof inserting "Referral of cases by Comptroller General", so that such catchline will read as follows: "§ 2510. Referral of cases by Comptroller General".

SEC. 51. (a) Subsection (a) of section 2 of the Act approved June 25, 1948 (ch. 646, 62 Stat. 985) is amended by inserting at the end thereof the following: "The Chief Justice of the United States Court of Appeals for the District of Columbia and the Associate Justices thereof, the Chief Justice of the District Court of the United States for the District of Columbia (formerly named the Supreme Court of the District of Columbia) and the Associate Justices thereof, the Chief Justice of the Court of Claims, and the

presiding judge of the Court of Customs and Patent Appeals, in office on the effective date of this Act, shall be judges of the United States within the meaning of section 451 of Title 28, Judiciary and Judicial Procedure, of the United States Code, set out in section 1 of this Act. The Chief Justice of the United States Court of Appeals for the District of Columbia and the Associate Justices thereof in office on the effective date of this Act, shall be circuit judges of the District of Columbia Circuit and vested with all the rights, powers, and duties thereof, and the said Chief Justice of the United States Court of Appeals for the District of Columbia shall be the Chief Judge of said Circuit. The Chief Justice of the District Court of the United States for the District of Columbia (formerly named the Supreme Court of the District of Columbia) and the Associate Justices thereof, in office on the effective date of this Act, shall be district judges for the District of Columbia and vested with all the rights, powers and duties thereof."

so that such subsection will read as follows:

"(a) The Chief Justices of the United States Court of Appeals for the District of Columbia, the District Court of the United States for the District of Columbia, and the Court of Claims, and the presiding judge of the Court of Customs and Patent Appeals, in office on the effective date of this Act shall be the chief judges of their respective courts. The Chief Justice of the United States Court of Appeals for the District of Columbia and the Associate Justices thereof, the Chief Justice of the District Court of the United States for the District of Columbia (formerly named the Supreme Court of the District of Columbia) and the Associate Justices thereof, the Chief Justice of the Court of Claims, and the presiding judge of the Court of Customs and Patent Appeals, in office on the effective date of this Act, shall be judges of the United States within the meaning of Section 451 of Title 28, Judiciary and Judicial Procedure, of the United States Code, set out in Section 1 of this Act. The Chief Justice of the United States Court of Appeals for the District of Columbia and the Associate Justices thereof, in office on the effective date of this Act, shall be circuit judges of the District of Columbia Circuit and vested with

all the rights, powers, and duties thereof, and the said Chief Justice of the United States Court of Appeals for the District of Columbia shall be Chief Judge of said Circuit. The Chief Justice of the District Court of the United States for the District of Columbia (formerly named the Supreme Court of the District of Columbia) and the Associate Justices thereof, in office on the effective date of this Act, shall be district judges for the District of Columbia and vested with all the rights, powers, and duties thereof."

(b) The amendment made by subsection (a) of this section shall be deemed to be in effect as of September 1, 1948. SEC. 52. The first paragraph of section 2501 of Title 28, United States Code, is amended by striking out where they appear in such paragraph the words ", or the claim is referred by the Senate or House of Representatives, or by the head of an executive department", so that such paragraph will read as follows:

"Every claim of which the Court of Claims has jurisdiction shall be barred unless the petition thereon is filed within six years after such claim first accrues.".

SEC. 53. (a) The first paragraph of section 2503 of Title 28 of United States Code is amended (1) by lettering the paragraph as subsection (a); (2) by striking out the second sentence of such paragraph and inserting in lieu thereof “In accordance with rules and orders of the court, commissioners shall fix times for trials, administer oaths or affirmations to and examine witnesses, receive evidence and report findings of fact and, when directed by the court, their recommendations for conclusions of law in cases assigned to them. Hearings shall, if convenient, be held in the counties where the witnesses reside."; and (3) by striking out the last two sentences of such paragraph, so that such paragraph will read as follows:

"(a) Parties to any suit in the Court of Claims may appear before a commissioner in person or by attorney, produce evidence and examine witnesses. In accordance with rules and orders of the court, commissioners shall fix times for trials, administer oaths or affirmations to and examine witnesses, receive evidence and report findings of fact and, when directed by the court, their recommendations for conclusions of law in

cases assigned to them. Hearings shall, if convenient, be held in the counties where the witnesses reside.".

(b) The second paragraph of section 2503 of Title 28, United States Code, is amended by (1) by lettering the paragraph as subsection (b); and (2) by striking out the first sentence of such paragraph and inserting in lieu thereof "The rules of the court shall provide for the filing in court of the commissioner's report of facts and recommendations for conclusions of law, and for opportunity for the parties to file exceptions thereto, and a hearing thereon before the court within a reasonable time.", so that the paragraph will read as follows:

"(b) The rules of the court shall provide for the filing in court of the commissioner's report of facts and recommendations for conclusions of law, and for opportunity for the parties to file exceptions thereto, and a hearing thereon before the court within a reasonable time. This section shall not prevent the court from passing upon all questions and findings regardless of whether exceptions were taken before a commissioner.".

SEC. 54. (a) The second paragraph of section 2505 of Title 28, United States Code, is repealed.

(b) The catchline to section 2505 of Title 28, United States Code, is amended by striking out the words "Place of taking evidence" and in lieu thereof inserting "Trial before judges", so that such catchline will read as follows:

" 2505. TRIAL BEFORE JUDGES".

(c) The analysis of chapter 165 of Title 28 of United States Code, immediately preceding section 2501 of such title, is amended by striking out the item "2505. Place of taking evidence." and in lieu thereof inserting "2505. Trial before judges.".

SEC. 55. (a) Section 2507 of Title 28, United States Code, is amended (1) by striking out from the catchline to such section the words "Calls on departments for information" and in lieu thereof inserting "Calls and discovery"; (2) by inserting the subsection designation "(a)" immediately preceding the first word of the first paragraph of such section; (3) by inserting after the words "United States" where they appear