Title 28 — Judiciary and Judicial Procedure
Part I · Chapter 7 — United States Court of Federal Claims
§ 171. Appointment and number of judges; character of court; designation of chief judge
Statutory text
The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States.
The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
June 25, 1948, ch. 646, 62 Stat 898
Enacted · 28 U.S.C. § 171
June 25, 1948, ch. 646, 62 Stat 898
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat 898Pub. L. 89–425 § 1(b) · 80 Stat. 139
Changed · 28 U.S.C. § 171
Pub. L. 89–425 increased the number of associate judges from four to six
Source evidence
Code amendment note
Pub. L. 89–425 increased the number of associate judges from four to six.Federal Courts Improvement Act of 1982
Pub. L. 97–164 title I § 105(a) · 96 Stat. 25
Amended · 28 U.S.C. § 171
Pub. L. 97–164 designated existing provisions as subsec. (a)
Substituted · 28 U.S.C. § 171
Pub. L. 97–164 substituted “sixteen judges who shall constitute a court of record known as the United States Claims Court” for “a chief judge and six associate judges who shall constitute a court of record known as the United States Court of Claims” in subsec. (a) as so designated
Substituted · 28 U.S.C. § 171
Pub. L. 97–164 substituted “The court is declared to be a court established under article I of the Constitution of the United States” for “Such court is hereby declared to be a court established under article III of the Constitution of the United States” in subsec. (a) as so designated
Added · 28 U.S.C. § 171
Pub. L. 97–164 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 97–164 designated existing provisions as subsec. (a), substituted “sixteen judges who shall constitute a court of record known as the United States Claims Court” for “a chief judge and six associate judges who shall constitute a court of record known as the United States Court of Claims” and “The court is declared to be a court established under article I of the Constitution of the United States” for “Such court is hereby declared to be a court established under article III of the Constitution of the United States” in subsec. (a) as so designated, and added subsec. (b).Enacted provision · exact public law section
(a) Chapter 7 of title 28, United States Code, is amended to read as follows: “CHAPTER 7— UNTTED STATES CLAIMS COURT “Sec. “171. Appointment and number of judges; character of court; designation of chief judge. “172. Tenure and salaries of judges. “173. Times and places of holding court. “174. Assignment of judges; decisions. “175. Official duty station; residence. “176. Removal from office. “177. Disbarment of removed judges. “§ 171. Appointment and number of judges; character of court; designation of chief judge “(a) The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Claims Court. The court is declared to be a court established under article I of the Constitution of the United States. USC prec. title 1. “(b) The President shall designate one of the judges of the Claims Court who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed. “§ 172. Tenure and salaries of judges “(a) Each judge of the United States Claims Court shall be appointed for a term of fifteen years. “(b) Each judge shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as adjusted by section 461 of this title. “§ 173. Times and places of holding court “The principal office of the United States Claims Court shall be in the District of Columbia, but the Claims Court may hold court at such times and in such places as it may fix by rule of court. The times and places of the sessions of the Claims Court shall be prescribed with a view to securing reasonable opportunity to citizens to appear before the Claims Court with as little inconvenience and expense to citizens as is practicable. “§ 174. Assignment of judges; decisions “(a) The judicial power of the United States Claims Court with respect to any action, suit, or proceeding, except congressional reference cases, shall be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges. “(b) All decisions of the Claims Court shall be preserved and open to inspection. “§ 175. Official duty station; residence “(a) The official duty station of each judge of the United States Claims Court is the District of Columbia. “(b) After appointment and while in active service, each judge shall reside within fifty miles of the District of Columbia. “§ 176. Removal from office “(a) Removal of a judge of the United States Claims Court during the term for which he is appointed shall be only for incompetency, misconduct, neglect of duty, engaging in the practice of law, or physical or mental disability. Removal shall be by the United States Court of Appeals for the Federal Circuit, but removal may not occur unless a majority of all the judges of such court of appeals concur in the order of removal. “(b) Before any order of removal may be entered, a full specification of the charges shall be furnished to the judge involved, and such judge shall be accorded an opportunity to be heard on the charges. “(c) Any cause for removal of any judge of the United States Claims Court coming to the knowledge of the Director of the Administrative Office of the United States Courts shall be reported by him to the chief judge of the United States Court of Appeals for the Federal Circuit, and a copy of the report shall at the same time be transmitted to the judge. “§ 177. Disbarment of removed judges “A judge of the United States Claims Court removed from office in accordance with section 176 of this title shall not be permitted at any time to practice before the Claims Court.”.Court of Federal Claims Technical and Procedural Improvements Act of 1992
Pub. L. 102–572 title IX § 902(a) · 106 Stat. 4506
Substituted · 28 U.S.C. § 171
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court” in subsec. (b)
Substituted · 28 U.S.C. § 171
Pub. L. 102–572 substituted “Court of Federal Claims” for “Claims Court” in subsec. (b)
Source evidence
Code amendment note
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court” in subsec. (a) and “Court of Federal Claims” for “Claims Court” in subsec. (b).Enacted provision · exact public law section
(a) In General.— Chapters 7, 51, 91, and 165 of title 28, United States Code, are amended— (1) by striking “United States Claims Court” each place it appears and inserting “United States Court of Federal Claims”; and (2) by striking “Claims Court” each place it appears and inserting “Court of Federal Claims”.Effective date note
Pub. L. 102–572, title IX, § 911, Oct. 29, 1992, 106 Stat. 4520, provided that: “This title [see Tables for classification] and the amendments made by this title shall take effect on the date of the enactment of this Act [Oct. 29, 1992].”
6 of 8 references resolved to an enrolled provision · 1 partial · 1 unresolved
Notes
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed. § 241 (Mar. 3, 1911, ch. 231, § 136, 36 Stat. 1135; Feb. 25, 1919, ch. 29, § 4, 40 Stat. 1157; Dec. 13, 1926, ch. 6, § 1 44 Stat. 919).
This section contains a part of section 241 of title 28, U.S.C., 1940 ed. The remainder of such section, relating to tenure, salaries and oath, is incorporated in sections 173 and 453 of this title.
The term “chief judge” was substituted for “Chief Justice.” (See reviser’s note under section 136 of this title.)
Words “a court of record known as” were added. For similar provision covering other Federal courts, see sections 132, 211, and 251 of this title.
The official status of the Chief Justice of the Court of Claims holding office on the effective date of this act is preserved by section 2 of the bill to enact revised title 28.
Minor changes were made in arrangement and phraseology.
Editorial Notes
Amendments1953–1992 · 5 rounds
1992
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court” in subsec. (a) and “Court of Federal Claims” for “Claims Court” in subsec. (b).
1982
Pub. L. 97–164 designated existing provisions as subsec. (a), substituted “sixteen judges who shall constitute a court of record known as the United States Claims Court” for “a chief judge and six associate judges who shall constitute a court of record known as the United States Court of Claims” and “The court is declared to be a court established under article I of the Constitution of the United States” for “Such court is hereby declared to be a court established under article III of the Constitution of the United States” in subsec. (a) as so designated, and added subsec. (b).
1966
Pub. L. 89–425 increased the number of associate judges from four to six.
1954
Act , inserted “; character or court” in section catchline.
1953
Act , inserted second sentence.
Statutory Notes and Related Subsidiaries
Change of Name
Pub. L. 102–572, title IX, § 902(b), , 106 Stat. 4516, provided that:
“Reference in any other Federal law [meaning any Federal law other than chapters 7, 51, 91, and 165 of this title] or any document to—
“(1) the ‘United States Claims Court’ shall be deemed to refer to the ‘United States Court of Federal Claims’; and
“(2) the ‘Claims Court’ shall be deemed to refer to the ‘Court of Federal Claims’.”
Effective Date of 1992 Amendment
Pub. L. 102–572, title IX, § 911, , 106 Stat. 4520, provided that: “This title [see Tables for classification] and the amendments made by this title shall take effect on the date of the enactment of this Act [].”
Effective Date of 1982 Amendment
Pub. L. 97–164, title IV, § 402, , 96 Stat. 57, provided that: “Unless otherwise specified, the provisions of this Act [see Short Title of 1982 Amendment note set out under section 1 of this title] shall take effect on .”
Continued Service of Commissioners of Court of Claims as Judges
Pub. L. 97–164, title I, § 167, , 96 Stat. 50, provided that Commissioners of United States Court of Claims serving immediately prior to , became judges of United States Claims Court [now United States Court of Federal Claims] on such date, with initial terms expiring 15 years after date of employment or on , whichever occurred earlier, and with salaries equal to salaries of Commissioners of Court of Claims.
Tennessee Valley Authority Legal Representation
Pub. L. 97–164, title I, § 169, , 96 Stat. 51, provided that: “Nothing in this Act [see Short Title of 1982 Amendment note set out under section 1 of this title] affects the authority of the Tennessee Valley Authority under the Tennessee Valley Authority Act of 1933 [16 U.S.C. 831 et seq.] to represent itself by attorneys of its choosing.”
Transition Provisions: Transfer of Pending Cases
Pub. L. 97–164, title IV, § 403, , 96 Stat. 57, provided for transfer of cases or matters pending on , before Court of Claims or United States Court of Customs and Patent Appeals to United States Court of Appeals for the Federal Circuit, directed that petitions for rehearing, reconsideration, or other changes in decisions of Court of Claims or United States Court of Customs and Patent Appeals rendered prior to such date be determined by United States Court of Appeals for the Federal Circuit, directed that matters pending before Commissioners of United States Court of Claims on such date be determined by United States Claims Court [now United States Court of Federal Claims], and directed that any case in which notice of appeal had been filed in district court of United States prior to such date would be decided by court of appeals to which the appeal was taken.
Congressional Statement Regarding Appointment of Judges
For Congressional suggestion that the President select nominees for judgeships on the Claims Court [now Court of Federal Claims] and the Court of Appeals for the Federal Circuit from a broad range of qualified individuals, see section 168 of Pub. L. 97–164, set out as a note under section 44 of this title.
Credits
1948–1992 · 6 acts
- 1948June 25, 1948, ch. 646, 62 Stat 898
- 1953July 28, 1953, ch. 253, § 1, 67 Stat. 226
- 1954Sept. 3, 1954, ch. 1263, § 39(a), 68 Stat. 1240
- 1966Pub. L. 89–425, § 1(b), , 80 Stat. 140
- 1982Pub. L. 97–164, title I, § 105(a), , 96 Stat. 27
- 1992Pub. L. 102–572, title IX, § 902(a), , 106 Stat. 4516.
Show as published
(June 25, 1948, ch. 646, 62 Stat 898; July 28, 1953, ch. 253, § 1, 67 Stat. 226; Sept. 3, 1954, ch. 1263, § 39(a), 68 Stat. 1240; Pub. L. 89–425, § 1(b), , 80 Stat. 140; Pub. L. 97–164, title I, § 105(a), , 96 Stat. 27; Pub. L. 102–572, title IX, § 902(a), , 106 Stat. 4516.)