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Title 28 — Judiciary and Judicial Procedure

Part I · Chapter 7 — United States Court of Federal Claims

§ 172. Tenure and salaries of judges

Statutory text

(a)

Each judge of the United States Court of Federal Claims shall be appointed for a term of fifteen years.

(b)

Each judge shall receive a salary at the rate of pay, and in the same manner, as judges of the district courts of the United States.

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.

  1. Title 28, United States Code, section —

    Pub. L. 80–646 · 62 Stat. 869

    Enacted · 28 U.S.C. § 172

    June 25, 1948, ch. 646, 62 Stat. 898

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 898

  2. Federal Courts Improvement Act of 1982

    Pub. L. 97–164 title I § 105(a) · 96 Stat. 25

    1. Amended · 28 U.S.C. § 172

      Pub. L. 97–164 amended section generally

    2. Substituted · 28 U.S.C. § 172

      Pub. L. 97–164 substituting provisions relating to tenure and salaries of judges (formerly contained in section 173) for provisions relating to precedence of judges. See section 171 of this title

    Source evidence

    Code amendment note
    Pub. L. 97–164 amended section generally, substituting provisions relating to tenure and salaries of judges (formerly contained in section 173) for provisions relating to precedence of judges. See section 171 of this title.

    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.”.

  3. Judicial Improvements and Access to Justice Act

    Pub. L. 100–702 title X § 1023 · 102 Stat. 4642

    Amended · 28 U.S.C. § 172(b)

    Pub. L. 100–702 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–702 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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.”

    Enacted provision · exact public law section
    SEC. 1023. SALARIES OF UNITED STATES CLAIMS COURT JUDGES. Section 172(b) is amended to read as follows: “(b) Each judge shall receive a salary at the rate of pay, and in the same manner, as judges of the district courts of the United States.”.

  4. Court of Federal Claims Technical and Procedural Improvements Act of 1992

    Pub. L. 102–572 title IX § 902(a)(1) · 106 Stat. 4506

    Substituted · 28 U.S.C. § 172(a)

    Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

    Enacted provision · exact public law section
    (1) by striking “United States Claims Court” each place it appears and inserting “United States Court of Federal Claims”; and

    Effective date note
    Amendment 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.

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

This section applies to the judges of the Court of Claims the same rule of precedence applicable to judges of other courts. (See sections 45, 136, 212, and 253 of this title.)

Editorial Notes

Amendments1982–1992 · 3 rounds

1992

Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

1988

Subsec. (b). Pub. L. 100–702 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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.”

1982

Pub. L. 97–164 amended section generally, substituting provisions relating to tenure and salaries of judges (formerly contained in section 173) for provisions relating to precedence of judges. See section 171 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

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

Effective Date of 1982 Amendment

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

Statutory Notes and Executive Documents
Salary Increases1911–1988 · 16 rounds

For increases in salaries of judges after , see notes set out under section 135 of this title relating to salary increases for district judges.

1988

Salaries of judges continued at $82,500 per annum by Ex. Ord. No. 12622, , 53 F.R. 222, formerly set out as a note under section 5332 of Title 5.

1987

Salaries of judges increased to $82,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.

Salaries of judges increased to $72,300 effective on first day of first pay period beginning on or after , by Ex. Ord. No. 12578, , 52 F.R. 505, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

1985

Salaries of judges increased to $70,200 effective on first day of first pay period beginning on or after , by Ex. Ord. No. 12496, , 50 F.R. 211, as amended by Ex. Ord. No. 12540, , 51 F.R. 577, formerly set out as a note under section 5332 of Title 5.

1984

Salaries of judges set at $67,800 effective on first day of first pay period beginning on or after , by Ex. Ord. No. 12456, , 49 F.R. 347, as amended Ex. Ord. No. 12477, , 49 F.R. 22041; Ex. Ord. No. 12487, , 49 F.R. 36493, formerly set out as a note under section 5332 of Title 5.

1982

Salaries of judges set at $65,200 effective on first day of first pay period beginning on or after , by Ex. Ord. No. 12387, , 47 F.R. 44981, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12387 further provided that pursuant to section 101(e) of Pub. L. 97–276 funds are not available to pay a salary at a rate which exceeds the rate in effect on , which was $57,500.

Maximum rate payable after , increased from $57,500 to $65,200, see Pub. L. 97–377, title I, § 129(b)–(d), , 96 Stat. 1914, set out as a note under section 5318 of Title 5.

Limitations on use of funds for fiscal year ending , appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of Pub. L. 97–276, as amended, set out as a note under section 5318 of Title 5.

1981

Salaries of judges increased to $74,300 effective on first day of first pay period beginning on or after , by Ex. Ord. No. 12330, , 46 F.R. 50921, formerly set out as a note under section 5332 of Title 5.

Limitations on use of funds for fiscal year ending , appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of Pub. L. 97–92, set out as a note under section 5318 of Title 5.

1980

Salaries of judges increased to $70,900 effective on first day of first pay period beginning on or after , by Ex. Ord. No. 12248, , 45 F.R. 69199, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12248 further provided that pursuant to Pub. L. 96–369 funds are not available to pay a salary at a rate which exceeds the rate in effect on , which was $60,662.50.

Limitations on use of funds for fiscal year ending , appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of Pub. L. 96–536, as amended, set out as a note under section 5318 of Title 5.

1979

Salaries of judges increased to $65,000 effective on first day of first pay period beginning on or after , by Ex. Ord. No. 12165, , 44 F.R. 58671, as amended by Ex. Ord. No. 12200, , 45 F.R. 16443, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12165 further provided that pursuant to Pub. L. 96–86 funds appropriated for fiscal year 1980 may not be used to pay a salary at a rate which exceeds an increase of 5.5 percent over the applicable rate payable for such position or office in effect on , which was $60,662.50.

Applicability to funds appropriated by any Act for fiscal year ending , of limitation of section 304 of Pub. L. 95–391 on use of funds to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101 of Pub. L. 96–86, set out as a note under section 5318 of Title 5.

1978

Salaries of judges increased to $60,700 effective on first day of first pay period beginning on or after , by Ex. Ord. No. 12087, , 43 F.R. 46823, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12087 further provided that pursuant to the Legislative Branch Appropriation Act, 1979 [Pub. L. 95–391, title III, § 304, , 92 Stat. 788, set out as a note under section 5318 of Title 5], funds are not available to pay a salary at a rate which exceeds the rate in effect on , which was $57,500.

1977

Salaries of judges increased to $57,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.

1976

Salaries of judges increased to $46,800 effective on first day of first pay period beginning on or after , see Ex. Ord. No. 11941, , 41 F.R. 43889, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees. Ex. Ord. No. 11941, further provided that pursuant to the Legislative Branch Appropriation Act, 1977, funds are not available to pay a salary at a rate which exceeds the rate in effect on , which was $44,600.

1969

Salaries of judges increased from $33,000 to $42,500 per annum, commencing , on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.

1946

Salaries of chief judge and associate judges increased from $12,500 to $17,500 a year by act July 31, 1946, ch. 704, § 1, 60 Stat. 716.

1926

Salary of Chief Justice, now chief judge, increased from $8,000 to $12,500 a year, and salaries of associate justices, now judges, increased from $7,500 to $12,500 a year by act Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919.

1919

Salary of Chief Justice increased from $6,500 to $8,000 a year, and salaries of associate justices increased from $6,000 to $7,500 a year by act Feb. 25, 1919, ch. 29, § 1, 40 Stat. 1156.

1911

Salary of chief justice set at $6,500, and salaries of associate justices set at $6,000 by Judicial Code of 1911, act Mar. 3, 1911, ch. 231, § 1, 36 Stat. 1135.

Credits

1948–1992 · 4 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 898
  2. 1982Pub. L. 97–164, title I, § 105(a), , 96 Stat. 27
  3. 1988Pub. L. 100–702, title X, § 1023, , 102 Stat. 4673
  4. 1992Pub. L. 102–572, title IX, § 902(a)(1), , 106 Stat. 4516.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 898; Pub. L. 97–164, title I, § 105(a), , 96 Stat. 27; Pub. L. 100–702, title X, § 1023, , 102 Stat. 4673; Pub. L. 102–572, title IX, § 902(a)(1), , 106 Stat. 4516.)

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