An Act to amend sections 22, 23, and 24, title 13, United States Code, and for other purposes
PL 86-769 (H.R.12043), enacted 09/13/1960

74 STAT.] 
PUBLIC LAW 86-769-SEPT. 13, 1960 
911 
Public Law 86-769 
A N A C T 
September 13, I960 
To amend sections 22, 23, and 24, title 13, United States Code, and for otlier 
[H. R. 12043] 
purposes. 
Census Bureau. 
Positions. 
68 Stat. 1014. 
Temporary posi-
tions. 
63 Stat. 954. 
5 u s e 10 71 note. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled. That section 22 of 
title 13 of the United States Code is amended to read as folloAvs: 
"§ 22. Qualifications of permanent personnel 
"All permanent officers and employees of the Bureau shall be citi-
zens of the United States." 
SEC. 2. Section 23 of title 13 of the United States Code is amended 
to read as follows: 
"§ 23. Additional officers and employees 
"(a) The Secretary may establish, at rates of compensation to be 
fixed by him without regard to the Classification Act of 1949, as many 
temporary positions as may be necessary to meet the requirements of 
the work provided for by law. Bureau employees who are transferred 
to any such temporary positions shall not lose their permanent civil 
service status by reason of the transfer. 
The Secretary may make 
appointments to such temporary positions in conformity with the civil 
service laws and rules. 
"(b) In addition to employees of the Department of Commerce, 
employees of other departments and independent offices of the Gov-
ernment may, with the consent of the head of the respective depart-
ment or office, be employed and compensated for field w^ork in connec-
tion with the work provided for by law." 
SEC. 3. Section 24 of title 13 of the United States Code is amended 
to read as follows: 
"§ 24. Special employment provisions 
"(a) The Secretary may utilize the services of nontemporary 
employees of the Bureau (by assignment, promotion, appointment, rary positions 
detail, or otherwise) in temporary positions established for any census, 
for not to exceed the period during which appropriations are avail-
able for that census. Whenever the Secretary determines that the 
services of an employee which have been utilized under this section 
are no longer required in such a temporary position, he may, without 
regard to the provisions of any other law, return the employee to a 
continuing position, with rank and compensation not less than that 
which he held in his last permanent position in the Bureau: Provided, 
That no employee shall, by reason of his service in a temporary posi-
tion under this subsection, lose the protection of any law or regulation 
with respect to his separation, suspension, furlough, or reduction in 
rank or compensation below the level held in his last permanent posi-
tion in the Bureau. Service by a nontemporary employee in a tempo-
rary position under this subsection shall be creditable for step-
increases (both periodic and longevity) under title VII of the 
Classification Act of 1949, as amended, as though it were a continua-
tion of service in his last permanent position. 
"(b) As used in this title with respect to appointments or positions, 
'temporary' shall be construed to mean not in excess of one year, or 
not m excess of the specific period during which appropriations are 
available for the conduct of a particular census, whichever is longer. 
No employee of the Bureau who holds only a temporary appointment 
within the meaning of this section shall be considered as other than 
strictly temporary for purposes of any other provision of law relating 
to separations, suspensions, or reductions in rank or compensation. 
Employees from 
other departments. 
68 Stat. 10 15. 
Permanent 
e m-
ployees in tempo-
63 Stat. 967. 
5 U S C 112 1-
1125. 
•Temporary.»» 
912 
PUBLIC LAW 86-770-SEPT. 13, 1960 
[74 S T A T . 
Enll st ed men and 
officers. 
Co mp e n s ation 
fixing, etc. 
63 Stat. 166. 
Travel expenses. 
P o s i t i o n s ex-
empt. 
63 Stat. 954. 
68 Stat. 10 14. 
" (c) The enlisted men and officers of the uniformed services may be 
appoiiited and compensated for service in temporary enumerator 
positions for the enumeration of personnel of the uniformed services. 
"(d) The Secretary may fix compensation on a piece-price basis 
without limitation as to the amount earned per diem, and payments 
may be made to enumerators for the use of private automobiles on 
official business without regard to section 4 of the Travel Expense 
Act of 1949, as amended (5 U.S.C. 837), but at rates not in excess of 
the rates provided by that Act. 
"(e) The Secretary may authorize the expenditure of necessary 
sums for travel expenses of persons selected for appointment for 
attendance at training courses held by the Department of Commerce 
with respect to any of the work provided for by law." 
SEC. 4. Section 202 of the Classification Act of 1949, as amended 
(5 U.S.C. 1082), is further amended by adding the following para-
graph : 
"(35) Temporary positions in the Bureau of the Census established 
under section 23 of title 13, United States Code, and enumerator 
positions in the Bureau of the Census." 
Approved September 13, 1960. 
September 13. 1960 
[H. R. 5396] 
Public Law 86-770 
AN ACT 
To amend title 28 of the United States Code to provide for transfer of cases 
between tlie district courts and the Court of Claims and for other purposes. 
Courts, 
of cases. transfer 
62 Stat. 937. 
District court. 
Court of Claims. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 1406 
of title 28 of the United States Code is amended by adding at the end 
thereof the following new subsection: 
"(c) If a case within the exclusive jurisdiction of the Court of 
Claims is filed in a district court, the district court shall, if it be in 
the interest of justice, transfer such case to the Court of Claims, where 
the case shall proceed as if it had been filed in the Court of Claims on 
the date it was filed in the district court." 
SEC. 2. (a) Chapter 91 of title 28 of the United States Code is 
amended by adding at the end thereof the following new section: 
"§ 1506. Transfer to cure defect of jurisdiction. 
"If a case within the exclusive jurisdiction of the district courts 
is filed in the Court of Claims, the Court of Claims shall, if it 
be in the interest of justice, transfer such case to any district court 
in which it could have been brought at the time such case was filed, 
where the case shall proceed as if it had been filed in the district 
court on the date it was filed in the Court of Claims." 
(b) The analysis of chapter 91 of title 28 of the United States Code 
is amended by adding at the end thereof the following: 
"Sec. 1506. Transfer to cure defect of jurisdiction." 
SEC. 3. The first sentence of section 2 of the Act of March 9, 1920 
(title 46. U.S.C. 742), is amended to read as follows: 
Maritime claims. 
"In cases whcre if such vessel were privately owned or operated, 
or if such cargo were privately owned or possessed, or if a private 
E
erson or property were involved, a proceeding in admiralty could 
e maintained, any appropriate nonjury proceeding in personam 
may be brought against the United States or against any corporation 
mentioned in section 1 of this Act." 
41 Stat. 525.