§ 252. — Tenure and salaries of judges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC252]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 11--COURT OF INTERNATIONAL TRADE
Sec. 252. Tenure and salaries of judges
Judges of the Court of International Trade shall hold office during
good behavior. Each 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.
(June 25, 1948, ch. 646, 62 Stat. 899; Mar. 2, 1955, ch. 9, Sec. 1(f),
69 Stat. 10; Pub. L. 88-426, title IV, Sec. 403(f), Aug. 14, 1964, 78
Stat. 434; Pub. L. 94-82, title II, Sec. 205(b)(6), Aug. 9, 1975, 89
Stat. 423; Pub. L. 96-417, title V, Sec. 502, Oct. 10, 1980, 94 Stat.
1742.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 296 (Mar. 3, 1911, ch.
231, Sec. 187(a), as added Oct. 10, 1940, ch. 843, Sec. 1, 54 Stat.
1101; July 31, 1946, ch. 704, Sec. 1, 60 Stat. 716).
This section contains a part of section 296 of title 28, U.S.C.,
1940 ed., Other provisions of such section are incorporated in sections
251, 253, 254, 456, 1581, 2071, 2639, and 2640 of this title.
A provision exempting judge's salaries from section 1790 of the
Revised Statutes was omitted, as such section was repealed by act Aug.
26, 1935, ch. 689, Sec. 1, 49 Stat. 864.
A provision for monthly salary payments was omitted since time of
payment is a matter for administrative determination.
Changes were made in phraseology.
References in Text
Section 225 of the Federal Salary Act of 1967, referred to in text,
is section 225 of Pub. L. 90-206, Dec. 16, 1967, 81 Stat. 642, as
amended, which is classified to chapter 11 (Sec. 351 et seq.) of Title
2, The Congress.
Amendments
1980--Pub. L. 96-417 substituted ``Judges of the Court of
International Trade'' for ``Judge of the Customs Court''.
1975--Pub. L. 94-82 substituted provision that each judge shall
receive a salary at an annual rate determined under section 225 of the
Federal Salary Act of 1967, as adjusted by section 461 of this title,
for provision that each judge shall receive a salary of $30,000 a year.
1964--Pub. L. 88-426 increased salaries of judges from $22,500 to
$30,000 a year.
1955--Act Mar. 2, 1955, increased salaries of judges from $15,000 to
$22,500 a year.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Effective Date of 1964 Amendment
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to the extent
provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L.
88-426.
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 section 31 of Title 2, The
Congress.
Salary Increases
2003--Salaries of judges increased to $154,700 per annum, effective
on first day of first pay period beginning on or after Jan. 1, 2003, by
Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133, as amended by Ex. Ord.
No. 13291, Sec. 3, Mar. 21, 2003, 68 F.R. 14525, set out as a note under
section 5332 of Title 5, Government Organization and Employees.
2002--Salaries of judges increased to $150,000 per annum, effective
on first day of first pay period beginning on or after Jan. 1, 2002, by
Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R. 639, formerly set out as a
note under section 5332 of Title 5.
2001--Salaries of judges increased to $145,100 per annum, effective
on first day of first pay period beginning on or after Jan. 1, 2001, by
Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 10057,
formerly set out as a note under section 5332 of Title 5.
2000--Salaries of judges increased to $141,300 per annum, effective
on first day of first pay period beginning on or after Jan. 1, 2000, by
Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, formerly set out as a
note under section 5332 of Title 5.
1999--Salaries of judges continued at $136,700 per annum, by Ex.
Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, formerly set out as a note
under section 5332 of Title 5.
1998--Salaries of judges increased to $136,700 per annum, effective
on first day of first pay period beginning on or after Jan. 1, 1998, by
Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, formerly set out as a
note under section 5332 of Title 5.
1997--Salaries of judges continued at $133,600 per annum, by Ex.
Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out as a note
under section 5332 of Title 5.
1996--Salaries of judges continued at $133,600 per annum, by Ex.
Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, formerly set out as a note
under section 5332 of Title 5.
1995--Salaries of judges continued at $133,600 per annum, by Ex.
Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly set out as a note
under section 5332 of Title 5.
1993--Salaries of judges increased to $133,600 per annum, effective
on first day of first pay period beginning on or after Jan. 1, 1993, by
Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, formerly set out as a
note under section 5332 of Title 5.
1992--Salaries of judges increased to $129,500 per annum, effective
on first day of first pay period beginning on or after Jan. 1, 1992, by
Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly set out as a
note under section 5332 of Title 5.
1991--Salaries of judges increased to $125,100 per annum, effective
on first day of first pay period beginning on or after Jan. 1, 1991, by
Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, formerly set out as a
note under section 5332 of Title 5.
1990--Salaries of judges continued at $89,500 per annum, and
increased to $96,600, effective on first day of first pay period
beginning on or after Jan. 31, 1990, by Ex. Ord. No. 12698, Dec. 23,
1989, 54 F.R. 53473, formerly set out as a note under section 5332 of
Title 5.
1989--Salaries of judges increased in the amount of 25 percent of
their rates (as last in effect before the increase), effective Jan. 1,
1991, see Pub. L. 101-194, title VII, Sec. 703(a)(3), Nov. 30, 1989, 103
Stat. 1768, set out as a note under section 5318 of Title 5.
Salaries of judges continued at $89,500 per annum by Ex. Ord. No.
12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under
section 5332 of Title 5.
1988--Salaries of judges continued at $89,500 per annum by Ex. Ord.
No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under
section 5332 of Title 5.
1987--Salaries of judges increased to $89,500 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 $81,100 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
section 5332 of Title 5, Government Organization and Employees.
1985--Salaries of judges increased to $78,700 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 section
5332 of Title 5.
1984--Salaries of judges increased to $76,000 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 section 5332 of Title 5.
1982--Salaries of judges increased to $73,100 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
section 5332 of Title 5. Ex. Ord. No. 12387 further provided that
pursuant to section 140 of Pub. L. 97-92 funds are not available to pay
a salary at a rate which exceeds rate in effect on Dec. 15, 1981, which
was $70,300.
Maximum rate payable after Dec. 17, 1982, increased from $70,300 to
$73,100, see Pub. L. 97-377, title I, Sec. 129(b)-(d), Dec. 21, 1982, 96
Stat. 1914, set out as a note under section 5318 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1983,
appropriated by any Act to pay salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of 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 $70,300 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
section 5332 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1982,
appropriated by any Act to pay salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of 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 $67,100 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
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 rate in effect on Sept. 30, 1980, which was
$57,497.50.
Limitations on use of funds for fiscal year ending Sept. 30, 1981,
appropriated by any Act to pay salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of 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 $61,500 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 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
applicable rate payable for such position or office in effect on Sept.
30, 1978, which was $57,497.50.
Applicability to funds appropriated by any Act for fiscal year
ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on
use of funds to pay salary or pay of any individual in legislative,
executive, or judicial branch in position equal to or above Level V of
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 $57,500 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
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, Sec. 304, Sept. 30, 1978, 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 rate in effect on Sept. 30, 1978, which
was $54,500.
1977--Salaries of judges increased to $54,500 per annum, on
recommendation of President of United States, see note set out under
section 358 of Title 2, The Congress.
1976--Salaries of judges increased to $44,000 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
section 5332 of Title 5, Government Organization and Employees. Ex. Ord.
No. 11941, further provided that pursuant to Legislative Branch
Appropriation Act, 1977, funds are not available to pay a salary at a
rate which exceeds rate in effect on Sept. 30, 1976, which was $42,000.
1969--Salaries of judges increased from $30,000 to $40,000 per
annum, commencing Feb. 14, 1969, on recommendation of the President of
the United States, see note set out under section 358 of Title 2, The
Congress.
1946--Salaries of presiding judge and associate judges increased
from $10,000 to $15,000 a year by act July 31, 1946, ch. 704, Sec. 1, 60
Stat. 716.
1930--Salaries of presiding judge and associate judges increased
from $9,000 to $10,000 a year by the Tariff Act of 1930, act June 17,
1930, ch. 497, title IV, Sec. 518, 46 Stat. 737.
