CHAPTER 7 —UNITED STATES COURT OF FEDERAL CLAIMS
Editorial Notes
Amendments
2000—
1992—
1990—
1982—
1966—
1954—Act Sept. 3, 1954, ch. 1263, §38,
§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 Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States.
(b) 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.
(June 25, 1948, ch. 646, 62 Stat 898; July 28, 1953, ch. 253, §1,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed. §241 (Mar. 3, 1911, ch. 231, §136,
This section contains a part of
The term "chief judge" was substituted for "Chief Justice." (See reviser's note under
Words "a court of record known as" were added. For similar provision covering other Federal courts, see
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
Amendments
1992—
1982—
1966—
1954—Act Sept. 3, 1954, inserted "; character or court" in section catchline.
1953—Act July 28, 1953, inserted second sentence.
Statutory Notes and Related Subsidiaries
Change of Name
"(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
Effective Date of 1982 Amendment
Continued Service of Commissioners of Court of Claims as Judges
Tennessee Valley Authority Legal Representation
Transition Provisions: Transfer of Pending Cases
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
§172. Tenure and salaries of judges
(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.
(June 25, 1948, ch. 646,
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
Editorial Notes
Amendments
1992—Subsec. (a).
1988—Subsec. (b).
1982—
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Statutory Notes and Executive Documents
Salary Increases
For increases in salaries of judges after Nov. 19, 1988, see notes set out under
1988—Salaries of judges continued at $82,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under
1987—Salaries of judges increased to $82,500 per annum, on recommendation of the President of the United States, see note set out under
Salaries of judges increased to $72,300 effective on first day of first pay period beginning on or after Jan. 1, 1987, by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note under
1985—Salaries of judges increased to $70,200 effective on first day of first pay period beginning on or after Jan. 1, 1985, by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under
1984—Salaries of judges set at $67,800 effective on first day of first pay period beginning on or after Jan. 1, 1984, by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, formerly set out as a note under
1982—Salaries of judges set at $65,200 effective on first day of first pay period beginning on or after Oct. 1, 1982, by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note under
Maximum rate payable after Dec. 17, 1982, increased from $57,500 to $65,200, see
Limitations on use of funds for fiscal year ending Sept. 30, 1983, 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
1981—Salaries of judges increased to $74,300 effective on first day of first pay period beginning on or after Oct. 1, 1981, by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under
Limitations on use of funds for fiscal year ending Sept. 30, 1982, 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
1980—Salaries of judges increased to $70,900 effective on first day of first pay period beginning on or after Oct. 1, 1980, by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note under
Limitations on use of funds for fiscal year ending Sept. 30, 1981, 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
1979—Salaries of judges increased to $65,000 effective on first day of first pay period beginning on or after Oct. 1, 1979, by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, formerly set out as a note under
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
1978—Salaries of judges increased to $60,700 effective on first day of first pay period beginning on or after Oct. 1, 1978, by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, formerly set out as a note under
1977—Salaries of judges increased to $57,500 per annum, on recommendation of the President of the United States, see note set out under
1976—Salaries of judges increased to $46,800 effective on first day of first pay period beginning on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889, formerly set out as a note under
1969—Salaries of judges increased from $33,000 to $42,500 per annum, commencing Feb. 14, 1969, on recommendation of the President of the United States, see note set out under
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,
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,
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,
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,
§173. Times and places of holding court
The principal office of the United States Court of Federal Claims shall be in the District of Columbia, but the Court of Federal Claims 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 Court of Federal Claims shall be prescribed with a view to securing reasonable opportunity to citizens to appear before the Court of Federal Claims with as little inconvenience and expense to citizens as is practicable.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §241 (Mar. 3, 1911, ch. 231, §136,
This section is based on part of
A provision for monthly salary payments was omitted since time of payment is a matter for administrative determination. (See 20 Comp. Gen. 834.)
The term "chief judge" was substituted for "Chief Justice." (See reviser's note under
Minor changes were made in phraseology.
Editorial Notes
Amendments
1992—
1982—
1975—
1964—
1955—Act Mar. 2, 1955, increased salaries of judges from $17,500 to $25,500 a year.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1964 Amendment
Amendment by
Effective Date of 1955 Amendment
Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5 of act Mar. 2, 1955, set out as a note under
§174. Assignment of judges; decisions
(a) The judicial power of the United States Court of Federal Claims 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 Court of Federal Claims shall be preserved and open to inspection.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §243 (Mar. 3, 1911, ch. 231, §138,
This section is based on the first sentence of
Words "the seat of government" were substituted for "the city of Washington" to conform to similar language respecting the Supreme Court. (See
Words "to be fixed by rule of court" were added to provide greater flexibility in administering the business of the court. For similar provisions covering the district courts, see
Word "term" was substituted for "session" for uniformity.
Minor changes were made in phraseology.
Editorial Notes
Amendments
1992—
1982—
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
§175. Official duty station; residence
(a) The official duty station of each judge of the United States Court of Federal Claims 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.
(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
(Added
Editorial Notes
Prior Provisions
A prior section 175, act June 25, 1948, ch. 646,
Amendments
2000—Subsec. (c).
1992—Subsec. (a).
1982—
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
§176. Removal from office
(a) Removal of a judge of the United States Court of Federal Claims 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 Court of Federal Claims 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.
(Added
Editorial Notes
Amendments
1992—Subsecs. (a), (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1982, see section 402 of
§177. Disbarment of removed judges
A judge of the United States Court of Federal Claims removed from office in accordance with
(Added
Editorial Notes
Amendments
1992—
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1982, see section 402 of
§178. Retirement of judges of the Court of Federal Claims
(a) A judge of the United States Court of Federal Claims who retires from office after attaining the age and meeting the service requirements, whether continuously or otherwise, of this subsection shall, subject to subsection (f), be entitled to receive, during the remainder of the judge's lifetime, an annuity equal to the salary payable to Court of Federal Claims judges in regular active service. The age and service requirements for retirement under this subsection are as follows:
| Attained Age: | Years of Service: |
|---|---|
| 65 | 15 |
| 66 | 14 |
| 67 | 13 |
| 68 | 12 |
| 69 | 11 |
| 70 | 10. |
(b) A judge of the Court of Federal Claims who is not reappointed following the expiration of the term of office of such judge, and who retires upon the completion of such term shall, subject to subsection (f), be entitled to receive, during the remainder of such judge's lifetime, an annuity equal to the salary payable to Court of Federal Claims judges in regular active service, if—
(1) such judge has served at least 1 full term as judge of the Court of Federal Claims, and
(2) not earlier than 9 months before the date on which the term of office of such judge expired, and not later than 6 months before such date, such judge advised the President in writing that such judge was willing to accept reappointment as a judge of the Court of Federal Claims.
(c) A judge of the Court of Federal Claims who has served at least 5 years, whether continuously or otherwise, as such a judge, and who retires or is removed from office upon the sole ground of mental or physical disability shall, subject to subsection (f), be entitled to receive, during the remainder of the judge's lifetime—
(1) an annuity equal to 50 percent of the salary payable to Court of Federal Claims judges in regular active service, if before retirement such judge served less than 10 years, or
(2) an annuity equal to the salary payable to Court of Federal Claims judges in regular active service, if before retirement such judge served at least 10 years.
(d) A judge who retires under subsection (a) or (b) may, at or after such retirement, be called upon by the chief judge of the Court of Federal Claims to perform such judicial duties with the Court of Federal Claims as may be requested of the retired judge for any period or periods specified by the chief judge, except that in the case of any such judge—
(1) the aggregate of such periods in any one calendar year shall not (without his or her consent) exceed 90 calendar days; and
(2) he or she shall be relieved of performing such duties during any period in which illness or disability precludes the performance of such duties.
Any act, or failure to act, by an individual performing judicial duties pursuant to this subsection shall have the same force and effect as if it were the act (or failure to act) of a Court of Federal Claims judge in regular active service. Any individual performing judicial duties pursuant to this subsection shall receive the allowances for official travel and other expenses of a judge in regular active service.
(e)(1) Any judge who retires under the provisions of subsection (a) or (b) of this section shall be designated "senior judge".
(2) Any judge who retires under this section shall not be counted as a judge of the Court of Federal Claims for purposes of the number of judgeships authorized by
(f)(1) A judge shall be entitled to an annuity under this section if the judge elects an annuity under this section by notifying the Director of the Administrative Office of the United States Courts in writing. Such an election—
(A) may be made only while an individual is a judge of the Court of Federal Claims (except that in the case of an individual who fails to be reappointed as judge at the expiration of a term of office, such election may be made at any time before the day after the day on which his or her successor takes office); and
(B) once made, shall, subject to subsection (k), be irrevocable.
(2) A judge who elects to receive an annuity under this section shall not be entitled to receive—
(A) any annuity to which such judge would otherwise have been entitled under subchapter III of
(B) an annuity or salary in senior status or retirement under
(C) retired pay under section 7447 of the Internal Revenue Code of 1986; or
(D) retired pay under
(g) For purposes of calculating the years of service of an individual under subsections (a) and (c), only those years of service as a judge of the Court of Federal Claims or a commissioner of the United States Court of Claims shall be credited, and that portion of the aggregate number of years of such service that is a fractional part of 1 year shall not be credited if it is less than 6 months, and shall be credited if it is 6 months or more.
(h) An annuity under this section shall be payable at the times and in the same manner as the salary of a Court of Federal Claims judge in regular active service. Such annuity shall begin to accrue on the day following the day on which the annuitant's salary as a judge in regular active service ceases to accrue.
(i)(1) Payments under this section which would otherwise be made to a judge of the Court of Federal Claims based upon his or her service shall be paid (in whole or in part) by the Director of the Administrative Office of the United States Courts to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person.
(2) Paragraph (1) shall apply only to payments made by the Director of the Administrative Office of the United States Courts after the date of receipt by the Director of written notice of such decree, order, or agreement, and such additional information as the Director may prescribe.
(3) As used in this subsection, the term "court" means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, and any Indian tribal court or court of Indian offense.
(j)(1) Subject to paragraph (4), any judge of the Court of Federal Claims who retires under this section and who thereafter in the practice of law represents (or supervises or directs the representation of) a client in making any civil claim against the United States or any agency thereof shall forfeit all rights to an annuity under this section for all periods beginning on or after the first day on which he engages in any such activity.
(2) Subject to paragraph (4), if a judge of the Court of Federal Claims who retires under this section fails during any calendar year to perform judicial duties required of such judge by subsection (d), such judge shall forfeit all rights to an annuity under this section for the 1-year period which begins on the first day on which he or she so fails to perform such duties.
(3) If a judge of the Court of Federal Claims who retires under this section accepts compensation for civil office or employment under the Government of the United States (other than for the performance of judicial duties under subsection (d)), such judge shall forfeit all rights to an annuity under this section for the period for which such compensation is received.
(4)(A) If a judge makes an election under this paragraph—
(i) paragraphs (1) and (2) (and subsection (d)) shall not apply to such judge beginning on the date such election takes effect, and
(ii) the annuity payable under this section to such judge, for periods beginning on or after the date such election takes effect, shall be equal to the annuity to which such judge is entitled on the day before such effective date.
(B) An election under subparagraph (A)—
(i) may be made by a judge only if such judge meets the age and service requirements for retirement under subsection (a),
(ii) may be made only during the period during which such judge may make an election to receive an annuity under this section or while the judge is receiving an annuity under this section, and
(iii) shall be filed with the Director of the Administrative Office of the United States Courts.
Such an election, once it takes effect, shall be irrevocable.
(C) Any election under this paragraph shall take effect on the first day of the first month following the month in which the election is made.
(k)(1) Notwithstanding subsection (f)(1)(B), an individual who has filed an election under subsection (f) to receive an annuity may revoke such election at any time before the first day on which such annuity would (but for such revocation) begin to accrue with respect to such individual.
(2) Any revocation under this subsection shall be made by filing a notice thereof in writing with the Director of 1 Administrative Office of the United States Courts.
(3) In the case of any revocation under this subsection—
(A) for purposes of this section, the individual shall be treated as not having filed an election under subsection (f) to receive an annuity,
(B) for purposes of
(i) the individual shall be treated as not having filed an election under section 376(a)(1), and
(ii) section 376(g) shall not apply, and the amount credited to such individual's account (together with interest at 3 percent per annum, compounded on December 31 of each year to the date on which the revocation is filed) shall be returned to such individual,
(C) no credit shall be allowed for any service as a judge of the Court of Federal Claims or as a commissioner of the United States Court of Claims unless with respect to such service either there has been deducted and withheld the amount required by
(D) the Court of Federal Claims shall deposit in the Civil Service Retirement and Disability Fund an amount equal to the additional amount it would have contributed to such Fund but for the election under subsection (f), and
(E) if subparagraph (D) is complied with, service on the Court of Federal Claims or as a commissioner of the United States Court of Claims shall be treated as service with respect to which deductions and contributions had been made during the period of service.
(l)(1) There is established in the Treasury a fund which shall be known as the "Court of Federal Claims Judges Retirement Fund". The Fund is appropriated for the payment of annuities and other payments under this section.
(2) The Secretary of the Treasury shall invest, in interest bearing securities of the United States, such currently available portions of the Court of Federal Claims Judges Retirement Fund as are not immediately required for payments from the Fund. The income derived from these investments constitutes a part of the Fund.
(3)(A) There are authorized to be appropriated to the Court of Federal Claims Judges Retirement Fund amounts required to reduce to zero the unfunded liability of the Fund.
(B) For purposes of subparagraph (A), the term "unfunded liability" means the estimated excess, determined on an annual basis in accordance with the provisions of
(C) There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
(Added
Editorial Notes
References in Text
Section 7447 of the Internal Revenue Code of 1986, referred to in subsec. (f)(2)(C), is classified to
Amendments
1992—
1991—Subsec. (f)(2)(A).
Subsec. (f)(2)(D).
Subsec. (j)(1).
Subsec. (j)(2).
Subsec. (j)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
Effective Date
Section applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after Dec. 1, 1990, see section 306(f) of
1 So in original. Probably should be "of the".
§179. Personnel application and insurance programs
(a) For purposes of construing and applying title 5, a judge of the United States Court of Federal Claims shall be deemed to be an "officer" under section 2104(a) of such title.
(b)(1)(A) For purposes of construing and applying
(i) is retired under subsection (b) of
(ii) at the time of becoming such a retired judge—
(I) was enrolled in a health benefits plan under
(II) did not satisfy the requirements of
shall be deemed to be an annuitant meeting the requirements of
(B) Except as provided in subparagraph (C)—
(i) in order to be eligible for continued enrollment under this paragraph, notification under subparagraph (A) shall be made before the first day of the open enrollment period preceding the calendar year referred to in clause (ii)(II); and
(ii) if such notification is timely made, the retired judge shall be eligible for continued enrollment under this paragraph for the period—
(I) beginning on the date on which eligibility would otherwise cease, and
(II) ending on the last day of the calendar year next beginning after the end of the open enrollment period referred to in clause (i).
(C) For purposes of applying this paragraph for the first time in the case of any particular judge—
(i) subparagraph (B)(i) shall be applied by substituting "the expiration of the term of office of the judge" for the matter following "before"; and
(ii)(I) if the term of office of such judge expires before the first day of the open enrollment period referred to in subparagraph (B)(i), the period of continued eligibility for enrollment shall be as described in subparagraph (B)(ii); but
(II) if the term of office of such judge expires on or after the first day of the open enrollment period referred to in subparagraph (B)(i), the period of continued eligibility shall not end until the last day of the calendar year next beginning after the end of the next full open enrollment period beginning after the date on which the term expires.
(2) In the event that a retired judge remains enrolled under
(A) the provisions of
(B) the provisions of paragraph (1) shall cease to apply.
(3) For purposes of this subsection, the term "open enrollment period" refers to a period described in
(c) For purposes of construing and applying
(Added
1 So in original. Probably should be followed by "of title 5".
[§180. Repealed. Pub. L. 106–398, §1 [[div. A], title VI, §654(b)(1)], Oct. 30, 2000, 114 Stat. 1654 , 1654A-165]
Section, added
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1999, see section 1 [[div. A], title VI, §654(c)] of