absence of a material change in the facts or written evidence that administration disapproval has been withdrawn. 13.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. The foregoing rules were approved by the Committee on the Judiciary on April 25, 1989. 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. 93-414 0 - 89 - 2 "(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 Claims Court 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 Claims Court 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 item herein listed) the salaries and traveling expenses of 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; Oct. 15, 1966, Pub. L. 89-681, § 2, 80 Stat. 958; Apr. 2, 1982, Pub. L. 97-164, title I, § 139(h), 96 Stat. 42.) WAIVER OF CLAIMS OF THE UNITED STATES The jurisdiction of the committee includes proposed legislation, in the form of both public and private bills, which would relieve individuals of obligations to the United States. Administrative authority to waive certain obligations have been granted in a number of laws. Representative provisions of law are set forth below. (TITLE 5.-EXECUTIVE DEPARTMENTS-OFFICERS EMPLOYEES) (Chapter 55, Subchapter VIII) "§ 5584. Claims for overpayment of pay and allowances, and of travel transportation and relocation expenses and allow ances "(a) A claim of the United States against a person arising out of an erroneous payment of pay or allowances made on or after July 1, 1960, or arising out of an erroneous payment of travel, transportation or relocation expenses and allowances, to an employee of an agency, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by "(1) the Comptroller General of the United States; or "(A) the claim is in an amount aggregating not more than $500; "(B) the claim is not the subject of an exception made by the Comptroller General in the account of any accountable official; and "(C) the waiver is made in accordance with standards which the Comptroller General shall prescribe. "(b) The Comptroller General or the head of the agency, as the case may be, may not exercise his authority under this section to waive any claim "(1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee or any other person having an interest in obtaining a waiver of the claim; "(2) except in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment of pay was discovered or 3 years immediately following October 21, 1968, whichever is later; "(3) except in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office after the expiration of three years immediately following the date on which the erroneous payment of allowances was discovered or three years immediately following October 2, 1972, whichever is later; "(4) in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered or 3 years immediately following July 25, 1974, whichever is later; or "(5) in the case of a claim involving an erroneous payment of travel, transportation or relocation expenses and allowances, if application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment was discovered. "(c) A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the employing agency at the time of the erroneous payment, of the amount repaid to the United States, if he applies to that employing agency for the refund within two years following the effective date of the waiver. The employing agency shall pay that refund in accordance with this section. "(d) In the audit and settlement of the accounts of any accountable official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section. "(e) An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes. |