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PUBLIC LAW 89-681-OCT. 15, 1966

[80 STAT.

Public Law 89-681 October 15, 1966 [H. R. 1665]

U.S. Court of Claims.

Commissioners a s reviewing body.

F i n d i n g s submitted to Cong r e s s and review p a n e l.

Report to Congress.

AN ACT To amend title 28, entitled "Judiciary and Judicial Procedure", of the United States Code to provide for the reporting of congressional reference cases by commissioners of the United States Court of Claims.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1492 of title 28, United States Code, is amended to read as follows: "Any bill, except a bill for a pension, may be referred by either House of Congress to the chief commissioner of the Court of Claims for a report in conformity with section 2509 of this title." SEC. 2. Section 2509 of title 28, United States Code, is amended to read as follows: "§ 2509. Congressional reference cases " (a) Whenever a bill, except a bill for a pension, is referred by either House of Congress to the chief commissioner of the Court of Claims pursuant to section 1492 of this title, the chief commissioner shall designate a trial commissioner for the case and a panel of three commissioners of the court to serve as a reviewing body. One member of the review panel shall be designated as presiding commissioner of the panel. "(b) Proceedings in a congressional reference case shall be under rules and regulations prescribed for the purpose by the chief commissioner who is hereby authorized and directed to require the application of the pertinent rules of practice of the Court of Claims insofar as feasible. Each trial commissioner 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 trial commissioner to whom a congressional reference case is assigned by the chief commissioner 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 trial commissioner shall be submitted by him, together with the record in the case, to the review panel of commissioners 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 trial commissioner 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 trial commissioner. "(e) The panel shall submit its report to the chief commissioner 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 Claims shall be noted by the panel or the trial commissioner at the time of occurrence thereof and upon failure of the delinquent or offending party, witness, ^or
 * § 1492. Congressional reference cases

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