28 U.S.C. § 171 — Appointment and number of judges; char-

Page 93 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 171 (i)(I) the number of cases in which a final order was entered determining the value of property securing a claim in an amount less than the amount of the claim; and (II) the number of final orders entered determining the value of property securing a claim; (ii) the number of cases dismissed, the number of cases dismissed for failure to make payments under the plan, the num- ber of cases refiled after dismissal, and the number of cases in which the plan was completed, separately itemized with re- spect to the number of modifications made before completion of the plan, if any; and (iii) the number of cases in which the debtor filed another case during the 6-year period preceding the filing; (G) the number of cases in which creditors were fined for misconduct and any amount of punitive damages awarded by the court for creditor misconduct; and (H) the number of cases in which sanctions under rule 9011 of the Federal Rules of Bank- ruptcy Procedure were imposed against the debtor’s attorney or damages awarded under such Rule. (Added Pub. L. 109–8, title VI, § 601(a), Apr. 20, 2005, 119 Stat. 119; amended Pub. L. 111–327, § 2(c)(2), Dec. 22, 2010, 124 Stat. 3563.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Bankruptcy Procedure, referred to in subsec. (c)(3)(H), are set out in the Appendix to Title 11, Bankruptcy. AMENDMENTS 2010—Subsec. (c)(3)(H). Pub. L. 111–327 inserted ‘‘the’’ after ‘‘against’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 109–8, title VI, § 601(c), Apr. 20, 2005, 119 Stat. 120, provided that: ‘‘The amendments made by this sec- tion [enacting this section] shall take effect 18 months after the date of enactment of this Act [Apr. 20, 2005].’’ CHAPTER 7—UNITED STATES COURT OF FEDERAL CLAIMS 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. 178. Retirement of judges of the Court of Federal Claims. 179. Personnel application and insurance pro- grams. [180. Repealed.] Editorial Notes AMENDMENTS 2000—Pub. L. 106–518, title III, § 309(b), Nov. 13, 2000, 114 Stat. 2420, substituted ‘‘Personnel application and insurance programs’’ for ‘‘Insurance and annuities pro- grams’’ in item 179. Pub. L. 106–398, § 1 [[div. A], title VI, § 654(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–165, struck out item 180 ‘‘Military retirement pay for retired judges’’. 1992—Pub. L. 102–572, title IX, §§ 902(a), 903(b), Oct. 29, 1992, 106 Stat. 4516, 4517, substituted ‘‘UNITED STATES COURT OF FEDERAL CLAIMS’’ for ‘‘UNITED STATES CLAIMS COURT’’ as chapter heading, sub- stituted ‘‘Court of Federal Claims’’ for ‘‘Claims Court’’ in item 178, and added items 179 and 180. 1990—Pub. L. 101–650, title III, § 306(a)(2), Dec. 1, 1990, 104 Stat. 5109, added item 178. 1982—Pub. L. 97–164, title I, § 105(a), Apr. 2, 1982, 96 Stat. 26, substituted ‘‘UNITED STATES CLAIMS COURT’’ for ‘‘COURT OF CLAIMS’’ as chapter heading, inserted ‘‘; designation of chief judge’’ in item 171, sub- stituted ‘‘Tenure and salaries of judges’’ for ‘‘Prece- dence of judges’’ in item 172, substituted ‘‘Times and places of holding court’’ for ‘‘Tenure and salaries of judges’’ in item 173, substituted ‘‘Assignment of judges; decisions’’ for ‘‘Terms’’ in item 174, substituted ‘‘Offi- cial duty station; residence’’ for ‘‘Assignment of judges; divisions; hearings; quorum; decisions’’ in item 175, and added items 176 and 177. 1966—Pub. L. 89–425, § 3, May 11, 1966, 80 Stat. 140, sub- stituted ‘‘Assignment of judges; divisions; hearings; quorum; decisions’’ for ‘‘Quorum’’ in item 175. 1954—Act Sept. 3, 1954, ch. 1263, § 38, 68 Stat. 1240, in- serted ‘‘; character of court’’ in item 171. § 171. Appointment and number of judges; char- acter 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 es- tablished 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 an- other 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, 67 Stat. 226; Sept. 3, 1954, ch. 1263, § 39(a), 68 Stat. 1240; Pub. L. 89–425, § 1(b), May 11, 1966, 80 Stat. 140; Pub. L. 97–164, title I, § 105(a), Apr. 2, 1982, 96 Stat. 27; Pub. L. 102–572, title IX, § 902(a), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed. § 241 (Mar. 3, 1911, ch. 231, § 136, 36 Stat. 1135; Feb. 25, 1919, ch. 29, § 4, 40 Stat. 1157; Dec. 13, 1926, ch. 6, § 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. Page 94 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 172 Minor changes were made in arrangement and phrase- ology. Editorial Notes 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 con- stitute 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 102–572, title IX, § 902(b), Oct. 29, 1992, 106 Stat. 4516, 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 Fed- eral Claims’; and ‘‘(2) the ‘Claims Court’ shall be deemed to refer to the ‘Court of Federal Claims’.’’ EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–572, title IX, § 911, Oct. 29, 1992, 106 Stat. 4520, provided that: ‘‘This title [see Tables for classi- fication] 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 Pub. L. 97–164, title IV, § 402, Apr. 2, 1982, 96 Stat. 57, provided that: ‘‘Unless otherwise specified, the provi- sions of this Act [see Short Title of 1982 Amendment note set out under section 1 of this title] shall take ef- fect on October 1, 1982.’’ CONTINUED SERVICE OF COMMISSIONERS OF COURT OF CLAIMS AS JUDGES Pub. L. 97–164, title I, § 167, Apr. 2, 1982, 96 Stat. 50, provided that Commissioners of United States Court of Claims serving immediately prior to Oct. 1, 1982, be- came judges of United States Claims Court [now United States Court of Federal Claims] on such date, with ini- tial 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 Pub. L. 97–164, title I, § 169, Apr. 2, 1982, 96 Stat. 51, 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 Au- thority under the Tennessee Valley Authority Act of 1933 [16 U.S.C. 831 et seq.] to represent itself by attor- neys of its choosing.’’ TRANSITION PROVISIONS: TRANSFER OF PENDING CASES Pub. L. 97–164, title IV, § 403, Apr. 2, 1982, 96 Stat. 57, 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 Fed- eral 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 se- lect 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 in- dividuals, see section 168 of Pub. L. 97–164, set out as a note under section 44 of this title. § 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, 62 Stat. 898; Pub. L. 97–164, title I, § 105(a), Apr. 2, 1982, 96 Stat. 27; Pub. L. 100–702, title X, § 1023, Nov. 19, 1988, 102 Stat. 4673; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.) 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 AMENDMENTS 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 fol- lows: ‘‘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, sub- stituting provisions relating to tenure and salaries of judges (formerly contained in section 173) for provi- sions 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 Oct. 29, 1992, 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 Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.