§ 175. Official duty station; residence

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. 1966

   Pub. L. 89–425 § 2 · 80 Stat. 139

   Enacted · 28 U.S.C. § 175

   Added Pub. L. 89–425, § 2, May 11, 1966, 80 Stat. 140

   Source evidence

   Code source credit
   Added Pub. L. 89–425, § 2, May 11, 1966, 80 Stat. 140

   Enacted provision · exact public law section
   Sec. 2. Section 175 of title 28, United States Code, in its present form is stricken, and the following section is inserted as section 175 of title 28 of the United States Code: “§ 175. Assignment of judges; divisions; hearings; quorum; decisions “(a) Judges of the Court of Claims shall sit on the court and its divisions in such order and at such times as the court directs. “(b) The Court of Claims may authorize the hearing and determination of cases and controversies by separate divisions, each consisting of three judges. Such divisions shall sit at the times and places and hear the cases and controversies assigned as the court directs. “(c) Cases and controversies shall be heard and determined by a court or division of not more than three judges, unless a hearing en banc is ordered by the court or by the chief judge. The court en banc for an initial hearing shall consist of the judges of the Court of Claims in regular active service. In case of a vacancy in the court or of the inability of a judge thereof in regular active service to sit, a justice or judge assigned to the court pursuant to chapter 13 of this 28 USC 291–296. title shall be competent to sit in the court en banc when designated by the court to do so. “(d) A rehearing en banc may be ordered by a majority of the judges of the Court of Claims in regular active service. The court en banc for a rehearing shall consist of the judges of the Court of Claims in regular active service. A judge of the Court of Claims who has retired from regular active service shall also be competent to sit as a judge of the court en banc in the rehearing of a case or controversy if he sat on the court or division at the original hearing thereof. “(e) Two judges shall constitute a quorum of a division of the Court of Claims, four judges shall constitute a quorum of a court en banc. “(f) A majority of the judges or justices who actually sit on the court or division or court en banc must concur in any decision.”

2. 1982

   Federal Courts Improvement Act of 1982

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

   1. Amended · 28 U.S.C. § 175

      Pub. L. 97–164 amended section generally

   2. Substituted · 28 U.S.C. § 175

      Pub. L. 97–164 substituting provisions relating to the official duty station and residence of Claims Court judges for provisions relating to assignment of judges, divisions, hearings, quorums and decisions. See section 174 of this title

   Source evidence

   Code amendment note
   Pub. L. 97–164 amended section generally, substituting provisions relating to the official duty station and residence of Claims Court judges for provisions relating to assignment of judges, divisions, hearings, quorums and decisions. See section 174 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. 1992

   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. § 175(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. 2000

   Pub. L. 106–518 title III § 307 · 114 Stat. 2410

   Added · 28 U.S.C. § 175(c)

   Pub. L. 106–518 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 106–518 added subsec. (c).

   Enacted provision · exact public law section
   SEC. 307. RESIDENCE OF RETIRED JUDGES. Section 175 of title 28, United States Code, is amended by adding at the end the following: “(c) Retired judges of the Court of Federal Claims are not subject to restrictions as to residence. The place where a retired judge maintains the actual abode in which such judge customarily lives shall be deemed to be the judge’s official duty station for the purposes of section 456 of this title”.

5 of 5 references resolved to an enrolled provision