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U.S. Code as of:
01/19/04
Section 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).
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