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Title 28 — Judiciary and Judicial ProcedureRelease 119-73

§2509 Congressional reference cases

Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 165— - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE › § 2509

Last updated Apr 6, 2026|Official source

Summary

When either House of Congress sends a non-pension bill to the Court of Federal Claims for review, the chief judge must pick one judge to act as the hearing officer and set up a three-judge panel to review the case. One member of that panel must be named the presiding officer. The chief judge sets the rules for how these cases are handled and should use the court’s normal practice rules when possible. The hearing officer and the panel can do what is needed to run the case, including issuing subpoenas and taking oaths. Their rules and decisions are not open to review by other courts. The hearing officer must find the facts, including any delay issues, statute-of-limitations questions, or whether the claimant tried other legal remedies. The officer must say whether the claim is legal, equitable, or a gratuity, and state any amount due. The officer’s report and the case record go to the three-judge panel. Parties can see the report and respond before the panel votes. By majority vote the panel may keep or change the officer’s findings and then sends its report to the chief judge to give to the House that asked for it. Any bad conduct that could bring sanctions must be noted and, if not fixed quickly, fully described in the panel’s report. The court must provide clerk’s office services and include the costs (such as judges’ pay and travel, mail, facilities, equipment, and staff) in its budget.

Full Legal Text

Title 28, §2509

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(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).

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 257 (Mar. 3, 1911, ch. 231, § 151, 36 Stat. 1138). Jurisdiction provisions of section 257 of title 28, U.S.C., 1940 ed., appear in section 1492 of this title. A provision as to the court’s power to render judgment on a referred claim and its duty to report thereon to Congress, was omitted from this section as covered by section 791(c) and 1492 of this title. Changes were made in phraseology.

Editorial Notes

Amendments

1992—Subsec. (a). Pub. L. 102–572, § 902(a)(1), substituted “United States Court of Federal Claims” for “United States Claims Court”. Subsecs. (b), (f), (g). Pub. L. 102–572, § 902(a)(2), substituted “Court of Federal Claims” for “Claims Court”. 1982—Subsec. (a). Pub. L. 97–164, § 139(h)(1), substituted “chief judge” for “chief commissioner” wherever appearing, “United States Claims Court” for “Court of Claims”, “judge as hearing officer” for “trial commissioner”, “judges” for “commissioners”, and “presiding officer” for “presiding commissioner”. Subsec. (b). Pub. L. 97–164, § 139(h)(2)(A)–(C), substituted “chief judge” for “chief commissioner”, “Claims Court” for “Court of Claims”, and “hearing officer” for “trial commissioner”. Subsec. (c). Pub. L. 97–164, § 139(h)(2)(A), (B), substituted “hearing officer” for “trial commissioner” and “chief judge” for “chief commissioner”. Subsec. (d). Pub. L. 97–164, § 139(h)(2)(A), (D), substituted “hearing officer” for “trial commissioner” wherever appearing and struck out “of commissioners” after “review panel”. Subsec. (e). Pub. L. 97–164, § 139(h)(2)(B), substituted “chief judge” for “chief commissioner”. Subsec. (f). Pub. L. 97–164, § 139(h)(2)(A), (C), substituted “Claims Court” for “Court of Claims”, and “hearing officer” for “trial commissioner” wherever appearing. Subsec. (g). Pub. L. 97–164, § 139(h)(2)(C), (E), substituted “Claims Court” for “Court of Claims” and “judges serving as hearing officers” for “commissioners serving as trial commissioners”. 1966—Pub. L. 89–681 substituted provisions for reference of bills to the chief commissioner of the Court of Claims pursuant to section 1492 of this title for provisions calling simply for reference to the Court of Claims, substituted provisions naming the trial commissioner to whom a reference case is assigned by the chief commissioner for provisions simply naming the Court of Claims as the agency by which findings and conclusions are made, and inserted provisions for the designation of a trial commissioner and reviewing body consisting of three other commissioners, the promulgation of

Rules and Regulations

for Congressional reference cases by the chief commissioner, the procedure to be followed, and the supplying of facilities and personnel for the dispatch of Congressional reference cases.

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

Effective Date

of 1982 AmendmentAmendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.

Reference

Citations & Metadata

Citation

28 U.S.C. § 2509

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73