An Act to amend title 28, United States Code
PL 83-158 (H.R.1070), enacted 07/28/1953

226 
PUBLIC LAW 158-JULY 28, 1953 
[67 
S T A T . 
Iuly28, 1953 
[H. R. 1070] 
Public Law 158 
CHAPTER 253 
AN ACT 
To amend title 28, United States Code. 
Court of Claims. 
62 Stat. 898. 
A s s i g n ment of 
judges. 
Commissioners. 
58 Stat. 663. 
Auditors. 
Repeal. 
Jurisdiction. 
48 Stat. 58. 
16 u s e 831. 
Repeal. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 171 
of title 28, United States Code, is amended by adding at the end 
thereof the following: 
"Such court is hereby declared to be a court established under 
article I I I of the Constitution of the United States." 
SEC. 2. Section 291 of title 28, United States Code, is amended by 
changing present subsection (c) to subsection (d) and inserting after 
subsection (b) the following new subsection (c) : 
"(c) The Chief Justice of the United States may designate and 
assign temporarily any circuit judge to serve as a judge of the United 
States Court of Claims, Avhen requested so to do, upon a certificate 
by the chief judge of such court that it is in need of such assistance." 
SEC. 3. Section 292 of title 28, United States Code, is amended by 
adding the following as section 292 (d) : 
"(d) The Chief Justice of the United States may designate and 
assign temporarily any district judge to serve as a judge of the United 
States Court of Claims, w^hen requested so to do, upon a certificate 
by the chief judge of such court that it is in need of such assistance." 
SEC. 4. (a) Paragraph (a) of section 792, title 28, United States 
Code, is hereby amended to read as follows: 
"(a) The United States Court of Claims may appoint fifteen com-
missioners who shall be subject to removal by the court." 
(b) The authority contained in subsection (a) of section 14 of the 
Act of July 1, 1944 (41 U. S. C. 114), respecting the appointment of 
commissioners of the Court of Claims is hereby terminated. 
SEC. 5. Subsection (a) of section 14 of the Act of July 1, 1944 (41 
U. S. C. 114) is amended to read as follows: 
"For the purpose of expediting the adjudication of termination 
claims, the Court of Claims is authorized to appoint not more than 
ten auditors." 
SEC. 6. Section 793 of title 28, United States Code, is repealed. 
SEC. 7. Section 1491 of title 28, United States Code, is hereb}^ 
amended to read as follows: 
"The United States Court of Claims shall have jurisdiction to ren-
der 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 sound-
ing 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." 
SEC. 8. Section 1493 of title 28, United States Code, is repealed. 
SEC. 9. Section 1494 of title 28, United States Code, is hereby amended 
to read as follows: 
"The United States Court of Claims shall have jurisdiction to deter-
mine 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, 
67 STAT.] 
PUBLIC LAW 159-JULY 28, 1953 
227 
the United States, or a guarantor, surety or personal representative of 
any such officer, agent or contractor, and to render judgment thereon, 
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. 10. Section 2508, title 28, United States Code, is hereby amended 
"oce^d^e!'" 
to read as follows: 
"Upon the trial of any suit in the United States 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 agaiiist 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. 
"If upon the whole case it finds that the plaintiff is indebted to the 
United States it shall render judgment to that effect, and such judg-
ment shall be final and reviewable. 
"The transcript of such judgment, filed in the clerk's office of any 
district court, shall be entered upon the records and shall be enforce-
able as other judgments." 
SEC. 11. Section 2510, title 28, United States Code, is amended to 
read as follows: 
"The Comptroller General may transmit to the Court of Claims 
for trial and adjudication any claim or matter of which the Court 
of Claims might take jurisdiction on the voluntary action of the claim-
ant, together with all vouchers, papers, documents, and proofs per-
taining thereto. 
"The Court of Claims shall proceed with the claims or matters so 
referred as in other cases pending in such court and shall render 
judgment thereon." 
SEC. 12. Section 2511, title 28, United States Code, is hereby amended 
to read as follows: 
"Notice of suit under section 1494 of this title shall be given to the 
'^'*'*' ^' "^• 
Attorney General, to the Comptroller General, and to the head of the 
department requested to settle the account in question. 
"The judgment of the Court of Claims in such suit, or of the Supreme 
Court upon review, shall be conclusive upon the parties, and payment 
of the amount found due shall discharge the obligation. 
"The transcript of such judgment, filed in the clerk's office of any 
district court, shall be entered upon the records, and shall be enforce-
able as other judgments." 
Approved July 28, 1953. 
Public Law 159 
CHAPTER 254 
AN ACT 
To amend the Color of Title Act. 
TH. R.'1308] 
July 28, 1953 
TH. -
Be it enacted hy the Senate and House of Representati'ves of the 
United States of America in Congress assembled^ That the part of 
section 1 of the Act of December 22, 1928 (45 Stat. 1069; 43 U. S. C , 
1946 ed., sec. 1068 et seq.), preceding the first proviso is amended to 
read as follows: 
C o l o r of T itli: 
Act, amendments.