§ 171. — Appointment and number of judges; character of court; designation of chief judge.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC171]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 7--UNITED STATES COURT OF FEDERAL CLAIMS
Sec. 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, Sec. 1, 67
Stat. 226; Sept. 3, 1954, ch. 1263, Sec. 39(a), 68 Stat. 1240; Pub. L.
89-425, Sec. 1(b), May 11, 1966, 80 Stat. 140; Pub. L. 97-164, title I,
Sec. 105(a), Apr. 2, 1982, 96 Stat. 27; Pub. L. 102-572, title IX,
Sec. 902(a), Oct. 29, 1992, 106 Stat. 4516.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed. Sec. 241 (Mar. 3, 1911, ch. 231,
Sec. 136, 36 Stat. 1135; Feb. 25, 1919, ch. 29, Sec. 4, 40 Stat. 1157;
Dec. 13, 1926, ch. 6, Sec. 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.
Amendments
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 Sept. 3, 1954, inserted ``; character or court'' in
section catchline.
1953--Act July 28, 1953, inserted second sentence.
Change of Name
Section 902(b) of Pub. L. 102-572 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
Section 911 of title IX of Pub. L. 102-572 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].''
Effective Date of 1982 Amendment
Section 402 of Pub. L. 97-164 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 October
1, 1982.''
Continued Service of Commissioners of Court of Claims as Judges
Section 167 of Pub. L. 97-164 provided that Commissioners of United
States Court of Claims serving immediately prior to Oct. 1, 1982, 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 Oct. 1, 1986, whichever occurred earlier, and with
salaries equal to salaries of Commissioners of Court of Claims.
Tennessee Valley Authority Legal Representation
Section 169 of Pub. L. 97-164 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
Section 403 of Pub. L. 97-164 provided for transfer of cases or
matters pending on Oct. 1, 1982, 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.
Section Referred to in Other Sections
This section is referred to in sections 178, 797 of this title.
