Rules of Procedure for Private Claims Bills

"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 Court of Federal Claims 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 Court of Federal Claims 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; Oct. 29, 1992, Pub. L. 102-572, § 902(a)(1), 106 Stat. 4516.) § 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 designated 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 subpoena and the power to administer oaths and affirmations. One 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 equitably 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 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. 97-1644, title I, § 139(h), 96 Stat. 42; Oct. 29, 1992, Pub. L. 102-572, Sec. 902(a), 106 Stat. 4516.)

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 allowances

(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 authorized official; or

(2) the head of the agency when

(A) the claim is in an amount aggregating not more than $1,500; and

(B) the waiver is made in accordance with standards which the authorized official shall prescribe.

(b) The authorized official 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 re

ceived 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 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.

(f) This section does not affect any authority under any other statute to litigate, settle, compromise, or waive any claim of the United States.

(g) For the purpose of this section, “agency” means—

(1) an Executive agency;

(2) the Government Printing Office;

(3) the Library of Congress;

(4) the Office of the Architect of the Capitol; and

(5) the Botanic Garden.

(h) For the purpose of this section, the term "authorized official"

means

(1) the head of an agency, with respect to an agency or employee in the legislative branch; or

(2) the Director of the Office of Management and Budget, with respect to any other agency or employee.

(Added Pub. L. 90-616, § 1(a), Oct. 21, 1968, 82 Stat. 1212, and amended Pub. L. 92-453, §3(1), Oct. 2, 1972, 86 Stat. 760; Pub. L. 93-359, § 1, July 25, 1974, 88 Stat. 393; Pub. L. 96-54, §2(a)(35), Aug. 14, 1979, 93 Stat. 383; Pub. L. 99–224, § 1(a), Dec. 28, 1985, 99 Stat. 1741; Pub. L. 102–190, §657(a), Dec. 5, 1991, 105 Stat. 1393; Pub. L. 104-316, § 103(d), Oct. 19, 1996, 110 Stat. 3828.)

(TITLE 10.-ARMED FORCES)

§ 2774. Claims for overpayment of pay and allowances, and travel and transportation allowances

(a) A claim of the United States against a person arising out of an erroneous payment of any pay or allowances made before, on, or after October 2, 1972, or arising out of an erroneous payment of travel and transportation allowances, to or on behalf of a member or former member of the uniformed services, as defined in section 101(3) of title 37, the collection of which would be against equity and good conscience and not in the best interest of the United States, may be waived in whole or in part by—

(1) the Director of the Office of Management and Budget; or (2) the Secretary concerned, as defined in section 101(5) of title 37, when

(A) the claim is in an amount aggregating not more than $1,500; and

(B) the waiver is made in accordance with standards which the Director of the Office of Management and Budget shall prescribe.

(b) The Director of the Office of Management and Budget or the Secretary concerned, 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 member of any other person having an interest in obtaining a waiver of the claim; or

(2) if application for waiver is received in his office after the expiration of three 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 department concerned at the time of the erroneous payment, of the amount repaid to the United States, if he applies to that department for that refund within 2 years following the effective date of the waiver. The Secretary concerned shall pay from current applicable appropriations that refund in accordance with this section.

(d) In the audit and settlement of accounts of any accountable officer or 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 considered a valid payment for all purposes.

(f) This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States.

(Added Pub. L. 92-453 §1(1), Oct. 2, 1972, 86 Stat. 758, amended Pub. L. 96-513, Title V, §511(98), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 99-224, § 2(a), Dec. 28, 1985, 99 Stat. 1741; Pub. L. 100-26, sec. 7(j)(7)(A), (B), Apr. 21, 1987, 101 Stat. 283; Pub. L. 102–190, div. A, Title VI, §657(b), Dec. 5, 1991, 105 Stat. 1393; Pub. L. 104-316, § 105(b), Oct. 19, 1996, 110 Stat. 3830.)

[Army]

§ 4837. Settlement of accounts; remission or cancellation of indebtedness of enlisted members

If he considers it in the best interest of the United States, the Secretary may have remitted or cancelled any part of an enlisted member's indebtedness to the United States or any of its instrumentalities remaining unpaid before, or at the time of, that member's honorable discharge.

(Aug. 10, 1956, ch. 1041, 70A Stat. 273; Sept. 2, 1958, Pub. L. 85861, §33(a)(27), 72 Stat. 1566; Sept. 7, 1962, Pub. L. 87-649, § 14c(10), 76 Stat. 501, Dec. 12, 1980, Pub. L. 96-513, Title V, § 512(24)(A), (B), 94 Stat. 2930.)

§ 6161. Remission of indebtedness of enlisted members upon discharge

If he considers it in the best interest of the United States, the Secretary of the Navy may have remitted or cancelled any part of an enlisted member's indebtedness to the United States or any of its instrumentalities remaining unpaid before, or at the time of, that member's honorable discharge.

(Added Pub. L. 86–511, § 1(a), June 11, 1960, 74 Stat. 207.)

§ 9837. Settlement of accounts; remission or cancellation of indebtedness of enlisted members

If he considers it in the best interest of the United States, the Secretary may have remitted or cancelled any part, of an enlisted member's indebtedness to the United States or any of its instrumentalities remaining unpaid before, or at the time of, that member's honorable discharge.

(Aug. 10, 1956, ch. 1041, 70A Stat. 594; Sept. 2, 1958, Pub. L. 85– 861, §33(a)(45), 72 Stat. 1567; Sept. 7, 1962, Pub. L. 87-649, § 14c(58), 76 Stat. 502; Dec. 12, 1980, Pub. L. 96-513, Title V, § 514(22)(A), (B), 94 Stat. 2936.)

(Aug. 4, 1949, ch. 393, 63 Stat. 530; Sept. 3, 1954, ch. 1263, § 33(b), 68 Stat. 1238; July 10, 1962, Pub. L. 87-526, § 1(1), 76 Stat. 141; Sept. 7, 1962. Pub. L. 97-649, § 14d(7), as added Nov. 2, 1966, Pub. L. 89-718, § 73(a)(3), 80 Stat. 1124; Nov. 2, 1966, Pub. L. 89-718, § 73(c)(1), 80 Stat. 1124; Sept. 11, 1967, Pub. L. 90-83, § 2, 81 Stat. 220; Oct. 18, 1976, Pub. L. 94-546, § 1(29), 90 Stat. 2521.)

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