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will insist that such jurisdiction be exhausted. A failure by claimant to furnish the proof required by the court or department for determination of his claim is not exhausting the remedy provided, and the committee will not recognize such cases.

12. The subcommittee shall not consider any claim approved by the Congress and vetoed by the President, except upon a material change in the facts or written evidence that administration disapproval has been withdrawn; and this rule may be waived only upon order of two-thirds of the subcommittee, present and voting.

NOTE

VETOES

In the absence of material change in the facts or written evidence that the administration has withdrawn its disapproval, this rule bars the consideration of a claim which was the subject of a private claims bill vetoed by the President. Concurrence of the House, the Senate, and the President is essential to payment by an act of Congress and disagreement thereto by any one of the three effectively bars enactment. Further action on a bill vetoed by the President is futile in the absence of a material change in the facts or written evidence that administration disapproval has been withdrawn.

13. In all bills carrying an appropriation, a provision shall be added limiting any attorney's fees to not more than 10 percent. This limitation shall not apply to claims based upon findings of the Chief Judge of the United States Claims Court, court decisions, or where extraordinary services have been rendered. In such cases the committee will determine the amount of fee to be allowed.

14. The subcommittee shall not consider any claim for retirement benefits, compensation, pension, or gratuity under the Railroad Retirement Act when such claim has been considered on its merits and disallowed, or otherwise conflicts with the provisions and compensation of that act, except bills to waive the limitation of time. This rule may be waived only upon order of twothirds of the subcommittee, present and voting.

15. The subcommittee shall not consider any claims bill for benefits under the Social Security Act, as amended, when an application for such benefits has been considered on its merits and disallowed or the provisions of the bill otherwise modify or extend the provisions or benefits payable under that Act, but this prohibition shall not apply to bills to waive limitations of time. This rule may be waived only upon order of twothirds of the subcommittee, present and voting.

16. The subcommittee shall not consider a bill which has twice passed the House and been rejected by a

Senate committee, unless and until the bill has first passed the Senate. Such rule shall be waived only upon a vote of two-thirds of the subcommittee.

RULES APPLICABLE TO FEDERAL CHARTERS

The Subcommittee has established the following minimum requirements for the consideration of legislation which grants a federal charter to an existing private organization. It is important to note that these are minimum requirements and that satisfaction of these requirements does not in itself result in the granting of a federal charter. In addition to the specific requirements set forth herein, the Subcommittee will require that the purpose of the organization be federal in nature and in the national interest, and that there be unique circumstances that justify the granting of a federal charter.

1. The Subcommittee will not consider any legislation which grants a federal charter until the Subcommittee has been provided with documentation which demonstrates that:

(a) The private organization seeking federal incorporation is operating under a charter granted by a State or the District of Columbia;

(b) The organization has been in operation under such charter for not less than 10 consecutive years in length immediately prior to approval of any Federal charter;

(c) The organization is organized and operated in the public interest, as a nonpartisan and nonprofit organization with terms of membership and requirements for holding office within the organization which are not discriminatory on the basis of race, color, religion, sex, or national origin;

(d) The organization is organized and operated solely for charitable, literary, educational, scientific, patriotic, or civil improvement purposes, and maintains tax exempt status pursuant to section 501(c) of title 26, United States Code; and

(e) The organization is organized and operated for the primary purpose of conducting activities which are national in scope, and responsive to a national need so as to justify Federal incorporation.

2. The Subcommittee will not consider any legislation which grants a federal charter to any organization unless and until such legislation has a minimum of 218 cosponsors.

3. The Subcommittee will not consider any legislation which grants a federal charter which was adversely re

ported by it at a previous consideration and tabled by the Committee.

4. The Subcommittee will not consider any legislation which grants a federal charter unless it contains a provision which requires the organization to retain and maintain its existing State or District of Columbia charter for the life of its Federal charter.

5. The Subcommittee will not consider any legislation which grants a federal charter unless it contains a provision which requires the organization to be audited annually by independent certified public accountants or independent licensed public accountants in accordance with 36 U.S.C. § 1102 and which requires the organization to submit these annual audit reports to the Congress not later than 6 months following the close of the previous fiscal year pursuant to 36 U.S.C. § 1103.

NOTE

At the request of the Committee, the General Accounting Office reviews these audit reports and informs the Committee of any deficiencies contained in the audits and of whether any chartered corporation has otherwise failed to comply with the stipulated requirements of the law.

The foregoing rules were approved by the Committee on the Judiciary on April 9, 1987.

GENERAL INFORMATION

AS TO PROCEDURE, JURISDICTION, AND CLAIMS AGAINST THE UNITED

STATES

In addition to setting forth the rules governing the consideration of private claims bills, an effort has been made in this booklet to set forth some of the basic facts concerning the jurisdiction, policies, and procedures of the subcommittee with reference to its jurisdiction over claims and, in addition, to give some general information concerning claims against the United States. The committee constantly endeavors to keep such information available to those who are seeking or will seek relief from the Government through the Congress. This information is included to further explain this aspect of the subcommittee's jurisdiction.

RULES OF THE HOUSE OF REPRESENTATIVES CONCERNING PRIVATE CLAIMS BILLS

Clause 4, Rule XXI:

Committee Jurisdiction

"4. No bill for the payment or adjudication of any private claim against the Government shall be referred except by unanimous consent to any other than the following committees, namely: To the Committee on Foreign Affairs or to the Committee on the Judiciary."

Private Bills Which May Not Be Considered in the House

Clause 2, Rule XXII:

"2. No private bill or resolution (including so-called omnibus claims or pension bills), and no amendment to any bill or resolution, authorizing or directing (1) the payment of money for property damages, for personal injuries or death for which suit may be instituted under the Tort Claims Procedure as provided in title 28, United States Code, or for a pension (other than to carry out a provision of law or treaty stipulation); (2) the construction of a bridge across a navigable stream; or (3) the correction of a military or naval record, shall be received or considered in the House."

Clause 3, Rule XXII:

"3. Any petition or memorial or private bill excluded under this rule shall be returned to the Member from whom it was received; and petitions and private bills which have been inappropriately referred may, by the direction of the committee having possession of the same be properly referred in the manner originally presented; and an erroneous reference of a petition or private bill under this clause shall not confer jurisdiction upon the committee to consider or report the same."

Private Calendar

Clause 1, Rule XIII:

"1. There shall be three calendars to which all business reported from committees shall be referred, viz.:

"Third. A calendar of the Committee of the Whole House, to which shall be referred all bills of a private character."

Clause 6, Rule XXIV:

Call of the Private Calendar

"6. On the first Tuesday of each month after disposal of such business on the Speaker's table as requires reference only, the Speaker shall direct the Clerk to call the bills and resolutions on the Private Calendar. Should objection be made by two or more Members to the consideration of any bill or resolution so called, it shall be recommitted to the committee which reported the bill or resolution, and no reservation of objection shall be entertained by the Speaker. Such bills and resolutions, if considered, shall be considered in the House as in the Committee of the Whole. No other business shall be in order on this day unless the House, by two-thirds vote on motion to dispense therewith, shall otherwise determine. On such motion debate shall be limited to 5 minutes for and 5 minutes against said motion.

"On the third Tuesday of each month after the disposal of such business on the Speaker's table as requires reference only, the Speaker may direct the Clerk to call the bills and resolutions on the Private Calendar preference to be given to omnibus bills containing bills or resolutions which have previously been objected to on a call of the Private Calendar. All bills and resolutions on the Private Calendar so called, if considered, shall be considered in the House as in the Committee of the Whole. Should objection be made by two or more Members to the consideration of any bill or resolution other than an omnibus bill, it shall be recommitted to the committee which reported the bill or resolution and no reservation of objection shall be entertained by the Speaker."

[Omnibus Bills]

"Omnibus bills shall be read for amendment by paragraph, and no amendment shall be in order except to strike out or to reduce amounts of money stated or to provide limitations. Any item or matter stricken from an omnibus bill shall not thereafter during the same session of Congress be included in any omnibus bill.

"Upon passage of any such omnibus bill, said bill shall be resolved into the several bills and resolutions of which it is composed, and such original bills and resolutions, with any amendments adopted by the House, shall be engrossed, where necessary, and proceedings thereon had as if said bills and resolutions had been passed in the House severally.

"In the consideration of any omnibus bill the proceedings as set forth above shall have the same force and effect as if each Senate and House bill or resolution therein contained or referred to were considered by the House as a separate and distinct bill or resolution."

CONGRESSIONAL REFERENCE CASES

Sections 1492 and 2509 of title 28 of the United States Code authorize either House of Congress to refer bills to the chief judge of the United States Claims Court and provide that the chief judge shall report the findings of fact and conclusion in each case to the House which made the reference. The sections are as follows:

§ 1492. Congressional reference cases

"Any bill, except a bill for a pension, may be referred by either House of Congress to the chief judge of the United States Claims Court for a report in conformity with section 2509 of this title."

(June 25, 1948, ch. 646, 62 Stat. 941; Oct. 15, 1966, Pub. L. 89-681, § 1, 80 Stat. 958; Apr. 2, 1982, Pub. L. 97-164, title I, § 133(b), 96 Stat. 40.)

§ 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 Claims Court 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 Claims Court 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.

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