II

103D CONGRESS

2D SESSION S. 2314

To make administrative and jurisdictional amendments pertaining to the

United States Court of Federal Claims and the judges thereof in order

to promote efficiency and fairness, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 25 (legislative day, JULY 20), 1994

Mr. HEFLIN introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To make administrative and jurisdictional amendments pertaining to the United States Court of Federal Claims

and the judges thereof in order to promote efficiency

and fairness, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Court of Federal

5 Claims Administration Act of 1994’’.

6 SEC. 2. EXTENDED SERVICE.

7 Section 172(a) of title 28, United States Code, is

8 amended by adding at the end thereof the following new
2

•S 2314 IS

1 sentence: ‘‘If a judge is not reappointed, such judge may

2 continue in office until a successor is appointed and takes

3 office.’’.

4 SEC. 3. SERVICE ON TERRITORIAL COURTS.

5 Section 174 of title 28, United States Code, is

6 amended by adding at the end thereof the following new

7 subsection:

8 ‘‘(c) Upon request by or on behalf of a territorial

9 court and with the concurrence of the chief judge of the

10 Court of Federal Claims and the chief judge of the judicial

11 circuit involved based upon a finding of need, judges of

12 the Court of Federal Claims shall have authority to con13 duct proceedings in the district courts of territories to the

14 same extent as duly appointed judges of those courts.’’.

15 SEC. 4. RESIDENCE OF RETIRED JUDGES.

16 Section 175 of title 28, United States Code, is

17 amended by adding at the end thereof the following new

18 subsection:

19 ‘‘(c) Retired judges of the Court of Federal Claims

20 are not subject to restrictions as to residence. The place

21 where a retired judge maintains the actual abode in which

22 such judge customarily lives shall be deemed to be the

23 judge’s official duty station for the purposes of section 456

24 of this title.’’.
3

•S 2314 IS

1 SEC. 5. JUDICIAL CONFERENCE PARTICIPATION.

2 Section 331 of title 28, United States Code, is

3 amended—

4 (1) by inserting in the first sentence of the first

5 undesignated paragraph ‘‘the chief judge of the

6 United States Court of Federal Claims,’’ after

7 ‘‘Court of International Trade,’’;

8 (2) by inserting in the first sentence of the

9 third undesignated paragraph ‘‘the chief judge of the

10 United States Court of Federal Claims,’’ after ‘‘the

11 chief judge of the Court of International Trade,’’;

12 and

13 (3) by inserting in the first sentence of the

14 third undesignated paragraph ‘‘or United States

15 Court of Federal Claims,’’ after ‘‘any other judge of

16 the Court of International Trade,’’.

17 SEC. 6. COURT OF FEDERAL CLAIMS JUDICIAL CON18 FERENCE.

19 (a) IN GENERAL.—Chapter 15 of title 28, United

20 States Code, is amended by adding at the end thereof the

21 following new section:

22 ‘‘§ 336. Judicial Conference of the Court of Federal

23 Claims

24 ‘‘(a) The chief judge of the Court of Federal Claims

25 is authorized to summon annually the judges of such court

26 to a judicial conference, at a time and place that such chief
4

•S 2314 IS

1 judge designates, for the purpose of considering the busi2 ness of such court and improvements in the administration

3 of justice in such court.

4 ‘‘(b) The Court of Federal Claims shall provide by

5 its rules or by general order for representation and active

6 participation at such conference by members of the bar.’’.

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

8 The table of sections of chapter 15 is amended by adding

9 the following new item:

‘‘336. Judicial Conference of the Court of Federal Claims.’’.

10 SEC. 7. RECALL OF JUDGES ON DISABILITY STATUS.

11 Section 797(a) of title 28, United States Code, is

12 amended—

13 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

14 (2) by adding at the end thereof the following

15 new paragraph:

16 ‘‘(2) Any judge of the Court of Federal Claims receiv17 ing an annuity pursuant to section 178(c) of this title (re18 lating to disability) who, in the estimation of the chief

19 judge, has recovered sufficiently to render judicial service,

20 shall be known and designated as a senior judge and may

21 perform duties as a judge when recalled pursuant to sub22 section (b) of this section.’’.

23 SEC. 8. JURISDICTION.

24 Section 1491(a) of title 28, United States Code, is

25 amended—
5

•S 2314 IS

1 (1) in paragraph (1)—

2 (A) by inserting ‘‘for monetary relief’’

3 after ‘‘any claim against the United States’’;

4 and

5 (B) by striking out ‘‘or for liquidated or

6 unliquidated damages’’;

7 (2) in paragraph (2)—

8 (A) by inserting ‘‘(A) In any case within

9 its jurisdiction, the Court of Federal Claims

10 shall have the power to grant injunctive and de11 claratory relief when appropriate.’’ after ‘‘(2)’’;

12 (B) by striking out the last sentence; and

13 (C) by adding at the end thereof the fol14 lowing new subparagraph:

15 ‘‘(B) The Court of Federal Claims shall have

16 jurisdiction to render judgment upon any claim by

17 or against, or dispute with, a contractor arising

18 under section 10(a)(1) of the Contract Disputes Act

19 of 1978 (41 U.S.C. 609(a)(1)), including a dispute

20 concerning termination of a contract, rights in tan21 gible or intangible property, compliance with cost ac22 counting standards, and other nonmonetary disputes

23 on which a decision of the contracting officer has

24 been issued under section 6 of that Act (41 U.S.C.

25 605).’’; and
6

•S 2314 IS

1 (3) by adding at the end thereof the following

2 new paragraphs:

3 ‘‘(4) In cases otherwise within its jurisdiction,

4 the Court of Federal Claims shall also have ancillary

5 jurisdiction, concurrent with the courts designated in

6 section 1346(b) of this title, to render judgment

7 upon any related tort claim authorized by section

8 2674 of this title.

9 ‘‘(5) In cases within the jurisdiction of the

10 Court of Federal Claims which constitute judicial re11 view of agency action, the provisions of section 706

12 of title 5 shall apply.’’.

13 SEC. 9. SENIOR STATUS PROVISION.

14 Section 178 of title 28, United States Code, is

15 amended by adding at the end thereof the following new

16 subsection:

17 ‘‘(m) For the purposes of applying section 3121(i)(5)

18 of the Internal Revenue Code of 1986 and section 209(h)

19 of the Social Security Act (42 U.S.C. 409(h)), the annuity

20 of a Court of Federal Claims judge on senior status after

21 age 65 shall be deemed to be an amount paid under sec22 tion 371(b) of this title for performing services under the

23 provisions of section 294 of this title.’’.
7

•S 2314 IS

1 SEC. 10. MISCELLANEOUS PROVISION.

2 (a) IN GENERAL.—Chapter 7 of title 28, United

3 States Code, is amended by adding after section 178 the

4 following new section:

5 ‘‘§ 179. Court of Federal Claims judges as officers of

6 the United States

7 ‘‘(a) For the purpose of applying the provisions of

8 title 5, a judge of the United States Court of Federal

9 Claims shall be deemed to be an ‘‘officer’’ as defined under

10 section 2104(a) of title 5.

11 ‘‘(b) For the purpose of applying chapter 87 of title

12 5, a judge of the United States Court of Federal Claims

13 who is retired under section 178 of this title shall be

14 deemed to be a judge of the United States as defined

15 under section 8701(a)(5)(ii) of title 5.’’.

16 (b) TECHNICAL AND CONFORMING AMENDMENT.—

17 The table of sections for chapter 7 of title 28, United

18 States Code, is amended by adding at the end thereof the

19 following new item:

‘‘179. Court of Federal Claims judges as officers of the United States.’’.

20 SEC. 11. EFFECTIVE DATE.

21 This Act and the amendments made by this Act shall

22 take effect on the date of the enactment of this Act.

Æ