their waiver do not in any manner adjudicate the claim involved, a function which is performed by the Office of Workers' Compensation Programs, Department of Labor, under the remaining provisions of chapter 81 (Compensation for Work Injuries) of title 5, U.S.C., as if timely claim has been made direct to that Office in the first instance. As a matter of policy, these bills will include, if approved by the committee, a provision precluding the receipt of benefits for any period prior to their date of approval. In addition, it is customary for such bills to include a limitation requiring presentation of claims thereunder within 6 months from the date of approval. The showing required by the committee to warrant favorable consideration of such a bill is at least a prima facie case, coupled with justification for failure to file within the time prescribed by the act. These are the only bills relating to employees' compensation which the committee will entertain. In the past, private bills have been referred to the committee which would have modified the application of the substantive provisions of the Federal Employee's Compensation Act (now codified in chapter 81 of title 5, U.S.C.), in specific cases. For example, a bill might provide for the granting of compensation in a case where a claim was denied by the Bureau of Employee's Compensation (or the successor Office of Workers' Compensation Programs), or it might provide for greater compensation than that stated in the act, or it might provide compensation in an instance not recognized under the act. The subcommittee will not consider such bills, for rule 7 explicitly bars such consideration. In the past, the provisions of the Employees' Compensation Act have been extended in a limited manner of employees of the Civil Works Administration, the Civil Conservation Corps, the Works Progress Administration, and to other categories of Claimants. Rule 7 would bar the consideration of bills varying the application of the law in any such instance which would extend the provisions of the act to an individual employee for a disease disability, or compensate him therefore, or which would grant compensation over and above the limited amount, or in any manner interfere with the provisions of the act as extended to specific categories of claimants. The committee has concluded that if relief is extended to Government employees or persons entitled to such benefits under the general law, the remedy is that provided by general law, and alternative remedies cannot be provided by enactment of discriminatory private legislation in selected cases. 7. The subcommittee shall not consider any claim for benefits, compensation, pension, or gratuity by an employee or retiree of the Government, or a member of the Armed Forces or the Reserves, or by his dependents, when the benefits, compensation, pension, or gratuity to which such person claims to be entitled is specifically covered by statues, which apply in a uniform manner to all similarly situated individuals. NOTE BENEFITS, COMPENSATION, PENSION, OR GRATUITY Civil-service retirement benefits, the persons entitled thereto, the amount thereof, and upon what conditions they may be awarded are fully covered by Chapter 83.-Retirement, of title 5, United States Code. Similarly, the other benefits and compensation accruing to Federal employees and retirees are provided for by laws that have general ap plication. The committee will not entertain private legislation interfering with the general provisions of such laws by conferring a special benefit or privilege on a claimant. Private legislation of this class has not, at any time, been considered proper under the jurisdiction of this committee. The subjects of benefits, compensation, retirement or pension rights of persons who serve or who previously served in the Armed Forces of the United States are fully covered by public law. Private bills providing for the award of such benefits to persons or their dependents contrary to the system of benefits awarded under applicable law to other similarly situated individuals, will not be entertained by the committee. Such bills would be discriminatory and would set_the precedent for an unending stream of similar private legislation. Consideration of these bills is not regarded as included within the proper functions of the subcommittee. As employed in the rule, the term "Armed Forces" is construed to include all members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, and their respective Reserves, and all other persons not engaged in the civil pursuits of the Government. 8. The subcommittee shall not consider any claim for injuries or damage, either to a member or to third persons, resulting from service in or activities by the National Guard maintained within the several States. NOTE NATIONAL GUARD In the application of this rule, the subcommittee is guided by the original authority for the establishment of the National Guard as is set forth in article 1, section 8, clause 16 of the Constitution which includes the following as within the powers of Congress: "To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States, respectively, the appointment of officers and the authority of training the militia according to the discipline prescribed by Congress." Pursuant to the foregoing and other constitutional provisions, the Congress has provided the necessary laws and authorized the necessary regulations to carry them into execution as in the National Defense Act of 1916, as amended, the National Guard Regulations, and others. While the guard may be employed by the Federal Government under certain conditions, such as war or other national emergency, the statutes are careful in defining the extent to which Federal control may be exercised. In order to insure the effectiveness of the Guard in case of their need and use in emergencies affecting the whole Nation, the Government has some authority over their training, and to compensate for this it provides money for maintenance of the Guard, in part, and loans property for its use. Claims against the United States arising from such training activities may be settled administratively under the authority of section 715 of title 32. U.S.C. or pursuant to the tort claims provisions of chapter 171 of title 28 as amended by the National Guard Tort Claims Act (December 29, 1981, Pub. L. 97-124, 95 Stat. 1666). While the Government assists in National Guard maintenance and training since it is a Reserve component of the Armed Forces of the United States, as to State-directed activity it remains primarily a State organization. State-directed activity may take the form of a mobilization of National Guard units by State executive officers in time of disasters or other disorders, and claims arising from that activity are barred by the rule. 9. The subcommittee shall not consider any claim over which another tribunal, court, or department has jurisdiction, until all remedies under such jurisdiction are exhausted. NOTE JURISDICTION OF ANOTHER TRIBUNAL In the settlement of claims, Congress, is always the place of last resort. If another manner of obtaining redress against the Government has been provided (as in the jurisdiction of the United States Court of Federal Claims, the revenue laws, and bond redemption statutes, for example), it obviously was provided by the Congress, and the committee 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. 10. 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. 11. 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 Court of Federal Claims, court decisions, or where extraordinary services have been rendered. In such cases the committee will determine the amount of fee to be allowed. 12. 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 the act, except bills to waive the limitation of time. This rule may be waived only upon order of two-thirds of the subcommittee, present and voting. 13. The subcommittee shall not consider any claims bill for benefits under the Social Security Act, as amended, when a 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 the 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. 14. 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. 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 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 That 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, 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 by 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. |