§ 2509. — Congressional reference cases.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2509]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 165--UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE
Sec. 2509. Congressional reference cases
(a) Whenever a bill, except a bill for a pension, is referred by
either House of Congress to the chief judge of the United States Court
of Federal Claims pursuant to section 1492 of this title, the chief
judge shall designate a judge as hearing officer for the case and a
panel of three judges of the court to serve as a reviewing body. One
member of the review panel shall be designated as presiding officer of
the panel.
(b) Proceedings in a congressional reference case shall be under
rules and regulations prescribed for the purpose by the chief judge who
is hereby authorized and directed to require the application of the
pertinent rules of practice of the Court of Federal Claims insofar as
feasible. Each hearing officer and each review panel shall have
authority to do and perform any acts which may be necessary or proper
for the efficient performance of their duties, including the power of
subpena and the power to administer oaths and affirmations. None of the
rules, rulings, findings, or conclusions authorized by this section
shall be subject to judicial review.
(c) The hearing officer to whom a congressional reference case is
assigned by the chief judge shall proceed in accordance with the
applicable rules to determine the facts, including facts relating to
delay or laches, facts bearing upon the question whether the bar of any
statute of limitation should be removed, or facts claimed to excuse the
claimant for not having resorted to any established legal remedy. He
shall append to his findings of fact conclusions sufficient to inform
Congress whether the demand is a legal or equitable claim or a gratuity,
and the amount, if any, legally or equitably due from the United States
to the claimant.
(d) The findings and conclusions of the hearing officer shall be
submitted by him, together with the record in the case, to the review
panel for review by it pursuant to such rules as may be provided for the
purpose, which shall include provision for submitting the report of the
hearing officer to the parties for consideration, exception, and
argument before the panel. The panel, by majority vote, shall adopt or
modify the findings or the conclusions of the hearing officer.
(e) The panel shall submit its report to the chief judge for
transmission to the appropriate House of Congress.
(f) Any act or failure to act or other conduct by a party, a
witness, or an attorney which would call for the imposition of sanctions
under the rules of practice of the Court of Federal Claims shall be
noted by the panel or the hearing officer at the time of occurrence
thereof and upon failure of the delinquent or offending party, witness,
or attorney to make prompt compliance with the order of the panel or the
hearing officer a full statement of the circumstances shall be
incorporated in the report of the panel.
(g) The Court of Federal Claims is hereby authorized and directed,
under such regulations as it may prescribe, to provide the facilities
and services of the office of the clerk of the court for the filing,
processing, hearing, and dispatch of congressional reference cases and
to include within its annual appropriations the costs thereof and other
costs of administration, including (but without limitation to the items
herein listed) the salaries and traveling expenses of the judges serving
as hearing officers and panel members, mailing and service of process,
necessary physical facilities, equipment, and supplies, and personnel
(including secretaries and law clerks).
(June 25, 1948, ch. 646, 62 Stat. 977; Pub. L. 89-681, Sec. 2, Oct. 15,
1966, 80 Stat. 958; Pub. L. 97-164, title I, Sec. 139(h), Apr. 2, 1982,
96 Stat. 42; Pub. L. 102-572, title IX, Sec. 902(a), Oct. 29, 1992, 106
Stat. 4516.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 257 (Mar. 3, 1911, ch.
231, Sec. 151, 36 Stat. 1138).
Jurisdiction provisions of section 257 of title 28, U.S.C., 1940
ed., appear in section 1492 of this title.
A provision as to the court's power to render judgment on a referred
claim and its duty to report thereon to Congress, was omitted from this
section as covered by sections 791(c) and 1492 of this title.
Changes were made in phraseology.
Amendments
1992--Subsec. (a). Pub. L. 102-572, Sec. 902(a)(1), substituted
``United States Court of Federal Claims'' for ``United States Claims
Court''.
Subsecs. (b), (f), (g). Pub. L. 102-572, Sec. 902(a)(2), substituted
``Court of Federal Claims'' for ``Claims Court''.
1982--Subsec. (a). Pub. L. 97-164, Sec. 139(h)(1), substituted
``chief judge'' for ``chief commissioner'' wherever appearing, ``United
States Claims Court'' for ``Court of Claims'', ``judge as hearing
officer'' for ``trial commissioner'', ``judges'' for ``commissioners'',
and ``presiding officer'' for ``presiding commissioner''.
Subsec. (b). Pub. L. 97-164, Sec. 139(h)(2)(A)-(C), substituted
``chief judge'' for ``chief commissioner'', ``Claims Court'' for ``Court
of Claims'', and ``hearing officer'' for ``trial commissioner''.
Subsec. (c). Pub. L. 97-164, Sec. 139(h)(2)(A), (B), substituted
``hearing officer'' for ``trial commissioner'' and ``chief judge'' for
``chief commissioner''.
Subsec. (d). Pub. L. 97-164, Sec. 139(h)(2)(A), (D), substituted
``hearing officer'' for ``trial commissioner'' wherever appearing and
struck out ``of commissioners'' after ``review panel''.
Subsec. (e). Pub. L. 97-164, Sec. 139(h)(2)(B), substituted ``chief
judge'' for ``chief commissioner''.
Subsec. (f). Pub. L. 97-164, Sec. 139(h)(2)(A), (C), substituted
``Claims Court'' for ``Court of Claims'', and ``hearing officer'' for
``trial commissioner'' wherever appearing.
Subsec. (g). Pub. L. 97-164, Sec. 139(h)(2)(C), (E), substituted
``Claims Court'' for ``Court of Claims'' and ``judges serving as hearing
officers'' for ``commissioners serving as trial commissioners''.
1966--Pub. L. 89-681 substituted provisions for reference of bills
to the chief commissioner of the Court of Claims pursuant to section
1492 of this title for provisions calling simply for reference to the
Court of Claims, substituted provisions naming the trial commissioner to
whom a reference case is assigned by the chief commissioner for
provisions simply naming the Court of Claims as the agency by which
findings and conclusions are made, and inserted provisions for the
designation of a trial commissioner and reviewing body consisting of
three other commissioners, the promulgation of rules and regulations for
Congressional reference cases by the chief commissioner, the procedure
to be followed, and the supplying of facilities and personnel for the
dispatch of Congressional reference cases.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Section Referred to in Other Sections
This section is referred to in section 1492 of this title.
