Federal Courts Improvement Act of 1981
PL 97-164 (H.R.4482), enacted 04/02/1982

PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 25 
Public Law 97-164 
97th Congress 
An Act 
To establish a United States Court of Appeals for the Federal Circuit, to establish a 
United States Claims Court, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may 
be cited as the Federal Courts Improvement Act of 1982". 
TITLE I—UNITED STATES COURT OF APPEALS FOR THE 
FEDERAL CIRCUIT AND UNITED STATES CLAIMS COURT 
PART A—ORGANIZATION, STRUCTURE, AND JURISDICTION 
NUMBER AND COMPOSITION OP CIRCUITS 
SEC. 101. Section 41 of title 28, United States Code, as amended 
by the Fifth Circuit Court of Appeals Reorganization Act of 1980 
(Public Law 96-452; 94 Stat. 1994), is amended by striking out 
"twelve" and inserting in lieu thereof "thirteen" and by adding at 
the end thereof the following: 
"Federal 
All Federal judicial districts.". 
Apr. 2, 1982 
[H.R. 4482] 
Federal Courts 
Improvement 
Act 
of 1982. 
28 use 1 note. 
NUMBER OP CIRCUIT JUDGES 
SEC. 102. (a) Section 44(a) of title 28, United States Ck)de, as 
amended by the Fifth Circuit Court of Appeals Reorganization Act 
of 1980 (Public Law 96-452; 94 Stat. 1994), is amended by adding at 
the end thereof the following: 
"Federal 
12". 
(b) Section 44(c) of title 28, United States Code, is amended by 
adding the following sentence at the end thereof: "While in active 
service, each circuit judge of the Federal judicial circuit appointed 
after the effective date of this Act, and the chief judge of the 
Federal judicial circuit, whenever appointed, shall reside within 
fifty miles of the District of Columbia. . 
PANELS OF JUDGES; NUMBER OP JUDGES FOR HEARINGS 
SEC. 103. (a) Section 46(a) of title 28, United States Code, is 
amended by striking out "divisions" and inserting in lieu thereof 
"panels". 
(b) Section 46(b) of title 28, United States Code, is amended— 
(1) by striking out "divisions" each place it appears and 
inserting in lieu thereof "panels"; 
(2) by inserting immediately before the period at the end of 
the first sentence the following: ", at least a majority of whom 
shall be judges of that court, unless such judges cannot sit 
because recused or disqualified, or unless the chief judge of 
that court certifies that there is an emergency including, but 
96 STAT. 26 
PUBLIC LAW 97-164—APR. 2, 1982 
not limited to, the unavailability of a judge of the court 
because of illness"; and 
(3) Iw adding at the end thereof the following new sentence: 
"The United States Court of Appeals for the Federal Circuit 
shall determine by rule a procedure for the rotation of judges 
from panel to panel to ensure that all of the judges sit on a 
representative cross section of the cases heard and, notwith-
standing the first sentence of this subsection, may determine 
by rule the number of judges, not less than three, who consti-
tute a panel.". 
(c) The first sentence of section 46(c) of title 28, United States 
Code, is amended by inserting immediately after "three judges" the 
following: "(except that the United States Court of Appeals for the 
Federal Circuit may sit in panels of more than three judges if its 
rules so provide)". 
(d) Section 46(d) of title 28, United States Code, is amended by 
striking out "division" and inserting in lieu thereof "panel". 
PLACES FOR HOLDING COURT 
SEC. 104. (a) Section 48 of title 28, United States Code, is 
amended by striking out the first two sentences and inserting in 
lieu thereof the following: 
"(a) The courts of appeals shall hold regular sessions at the 
places listed below, and at such other places within the respective 
circuit as each court may designate by rule.". 
(b) Section 48 of title 28, United States Code, as amended by the 
Fifth Circuit Court of Appeals Reorganization Act of 1980 (Public 
Law 96-452; 94 Stat. 1994), is amended further by inserting at the 
end of the table of circuits and places the following: 
"Federal 
District of Columbia, and in any other 
place listed above as the court by rule 
directs.". 
(c) Section 48 of title 28, United States Code, is amended further 
by striking out the final paragraph and inserting in lieu thereof 
the following: 
"(b) Each court of appeals may hold special sessions at any place 
within its circuit as the nature of the business may require, and 
upon such notice as the court orders. The court may transact any 
business at a special session which it might transact at a regular 
session. 
"(c) Any court of appeals may pretermit, with the consent of the 
Judicial Conference of the United States, any regular session of 
court at any place for insufficient business or other good cause. 
"(d) The times and places of the sessions of the Court of Appeals 
for the Federal Circuit shall be prescribed with a view to securing 
reasonable opportunity to citizens to appear before the court with 
as little inconvenience and expense to citizens as is practicable.". 
ORGANIZATION OF UNITED STATES CLAIMS COURT 
SEC. 105. (a) Chapter 7 of title 28, United States Code, is amended 
to read as follows: 
PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 27 
"CHAPTER 7—UNITED STATES CLAIMS COURT 
"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. 
"§ 171. Appointment and number of judges; character of court; 28 use i7i. 
designation of chief judge 
"(a) The President shall appoint, by and with the advice and con-
sent of the Senate, sixteen judges who shall constitute a court of 
record known as the United States Claims Court. The court is 
declared to be a court established under article I of the Constitu-
tion of the United States. 
use prec. 
"(h) The President shall designate one of the judges of the Claims *
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• 
Court 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. 
"§ 172. Tenure and salaries of judges 
28 use 1
7
2 
"(a) Each judge of the United States Claims Court shall be 
appointed for a term of fifteen years. 
"(b) Each judge shall receive a salary at an annual rate deter-
mined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 
351-361), as adjusted by section 461 of this title. 
*
*
§ 173. Times and places of holding court 
28 use 173. 
"The principal office of the United States Claims Court shall be 
in the District of Columbia, but the Claims Court 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 Claims Court shall be pre-
scribed with a view to securing reasonable opportunity to citizens 
to appear before the Claims Court with as little inconvenience and 
expense to citizens as is practicable. 
"§ 174. Assignment of judges; decisions 
28 use 174. 
"(a) The judicial power of the United States Claims Court with 
respect to any action, suit, or proceeding, except congressional ref-
erence 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 Claims Court shall be preserved and 
open to inspection. 
"§ 175. Official duty station; residence 
28 use 175. 
"(a) The official duty station of each judge of the United States 
Claims Court 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. 
96 STAT. 28 
PUBLIC LAW 97-164—APR. 2, 1982 
28 use 1
7
6 
«§ 176. Removal from office 
"(a) Removal of a judge of the United States Claims Court during 
the term for which he is appointed shall be only for incompetency, 
misconduct, neglect of duty, engaging in the practice of law, or 
ghysical or mental disability. Removal shall be by the United 
tates 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 specifica-
tion of the charges shall be fumishea 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 
Claims Court 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. 
28 use 177. 
«
«
§ 177^ Disbarment of removed judges 
"A judge of the United States Claims Court removed from office 
in accordance with section 176 of this title shall not be permitted 
at any time to practice before the Claims Court.". 
(b) The item relating to chapter 7 in the chapter analysis of part 
I of title 28, United States Code, is amended to read as follows: 
"7. United States Claims Court 
171". 
REPEAL OP PROVISIONS RELATING TO THE COURT OF CUSTOMS AND 
PATENT APPEALS 
28 use 221 
SEC. 106. Chapter 9 of title 28, United States Code, and the item 
^
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9 
relating to chapter 9 in the chapter analysis of part I of such title, 
are repealed. 
INTERLOCUTORY 
APPEALS 
FROM 
CERTAIN 
ORDERS 
SEC. 107. Section 256(b) of title 28, United States Code, is 
amended by striking out "section 1541(b)" and all that follows 
through "in that section." and inserting in lieu thereof the follow-
ing: "section 1292(d)(1) of this title, and the United States Court of 
Appeals for the Federal Circuit may, in its discretion, consider the 
appeal.". 
REPEAL; ASSIGNMENT OF CIRCUIT JUDGES 
SEC. 108. (a) Subsection (b) of section 291 of title 28, United States 
Code, is repealed. 
(b) Subsection (c) of such section is amended by striking out "(c)" 
and inserting in lieu thereof "(b)". 
ASSIGNMENT OF DISTRICT JUDGES 
SEC. 109. Section 292(e) of title 28, United States Code, is 
amended by striking out "the Court of Claims, the Court of Cus-
toms and Patent Appeals or" and by striking out "in which the 
need arises". 
PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 29 
REPEAL; ASSIGNMENT OF OTHER JUDGES 
SEC. 110. (a) Section 293 of title 28, United States CJode, is 
amended— 
(1) by repealing subsections (a), (c), and (d); 
(2) by redesignating subsection (b) as subsection (a); and 
(3) by redesignating subsection (e), as that subsection will 
become effective on April 1,1984, as subsection (b). 
(b) The section heading of section 293 of title 28, United States 
Code, is amended to read as follows: 
"§ 293. Judges of the Court of International Trade". 
(c) The item relating to section 293 in the section analysis of 
chapter 13 of title 28, United States Code, is amended to read as 
follows: 
"293. Judges of the Court of International Trade.". 
(d) Section 160(a) of title 28, United States Code, as that section 
will become effective on April 1, 1984, is amended by striking out 
"293(e)" and inserting in lieu thereof "293(b)". 
JUDICIAL CONFERENCE 
SEC. 111. Section 331 of title 28, United States Code, is 
amended— 
(1) in the first paragraph, by striking out ", the chief judge of 
the Court of Claims, the chief judge of the Court of Customs 
and Patent Appeals,"; and 
(2) in the third paragraph, by striking out the second sen-
tence. 
RETIREMENT 
SEC. 112. (a) Section 372(a) of title 28, United States Code, is 
amended— 
(1) in the third paragraph, by striking out "Court of Claims, 
Court of Customs and Patent Appeals, or"; and 
(2) in the fifth paragraph, by striking out "Court of Claims, 
Court of Customs and Patent Appeals, or". 
(b) Section 372(b) of title 28, United States Code, is amended by 
striking out "Court of Claims, Court of Customs and Patent 
Appeals, or" each place it appears. 
(c) Section 372(c)(17) of title 28, United States Code, is amended 
by striking out "Court of Claims, the Court of Customs and Patent 
Appeals, and the Customs Court" and inserting in lieu thereof 
"United States Claims Court, the Court of International Trade, and 
the Court of Appeals for the Federal Circuit". 
REPEAL; DISTRIBUTION OF COURT OF CLAIMS DECISIONS 
SEC. 113. Section 415 of title 28, United States Code, and the item 
relating to section 415 in the section analysis of chapter 19 of such 
title, are repealed. 
DEFINITIONS 
SEC. 114. Section 451 of title 28, United States Code (including 
that section as it will become effective on April 1, 1984), is 
amended— 
96 STAT. 30 
PUBLIC LAW 97-164—APR. 2, 1982 
(1) in the first definition, relating to court of the United 
States, by striking out "the Court of Claims, the Court of Cus-
toms and Patent Appeals,"; and 
(2) in the third definition, relating to judge of the United 
States, by striking out "Court of Claims, Court of Customs and 
Patent Appeals,". 
TRAVELING EXPENSES AND COURT ACCOMMODATIONS 
SEC. 115. (a)(1) Section 456 of title 28, United States Code (includ-
ing that section as it will become effective on April 1, 1984), is 
amended to read as follows: 
"§ 456. Traveling expenses of justices and judges; official duty sta-
tions 
"(a) The Director of the Administrative Office of the United 
States Courts shall pay each justice or judge of the United States, 
and each retired justice or judge recalled or designated and 
assigned to active duty, while attending court or transacting offi-
cial business at a place other than his official duty station for any 
continuous period of less than thirty calendar days (1) all necessary 
transportation expenses certified by the justice or judge; and (2) a 
per diem allowance for travel at the rate which the Director estab-
lishes not to exceed the maximum per diem allowance fixed by sec-
tion 5702(a) of title 5, or in accordance with regulations which the 
Director shall prescribe with the approval of the Judicial Confer-
ence of the United States, reimbursement for his actual and neces-
sary expenses of subsistence not in excess of the maximum amount 
fixed by section 5702 of title 5. The Director of the Administrative 
Office of the United States Courts shall also pay each justice or 
judge of the United States, and each retired justice or judge 
recalled or designated and assigned to active duty, while attending 
court or transacting official business under an assignment author-
28 use 291 
ized under chapter 13 of this title which exceeds in duration a con-
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tinuous period of thirty calendar days, all necessary transportation 
expenses and actual and necessary expenses of subsistence actually 
incurred, notwithstanding the provisions of section 5702 of title 5, 
in accordance with regulations which the Director shall prescribe 
with the approval of the Judicial Conference of the United States. 
"(b) The official duty station of the Chief Justice of the United 
States, the Justices of the Supreme Court of the United States, and 
the judges of the United States Court of Appeals for the District of 
Columbia Circuit, the United States Court of Appeals for the Fed-
eral Circuit, and the United States District Court for the District of 
Columbia shall be the District of Columbia. 
"(c) The official duty station of the judges of the United States 
Court of International Trade shall be New York City. 
"(d) The official duty station of each district judge shall be that 
place where a district court holds regular sessions at or near which 
the judge performs a substantial portion of his judicial work, which 
is nearest the place where he maintains his actual abode in which 
he customarily lives. 
"(e) The official duty station of a circuit judge shall be that place 
where a circuit or district court holds regular sessions at or near 
which the judge performs a substantial portion of his judicial work, 
or that place where the Director provides chambers to the judge 
where he performs a substantial portion of his judicial work, which 
PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 31 
is nearest the place where he maintains his actual abode in which 
he customarily lives. 
"(f) The official duty station of a retired judge shall be estab-
lished in accordance with section 374 of this title. 
"(g) Each circuit or district judge whose official duty station is 
not fixed expressly by this section shall notify the Director of the 
Administrative Office of the United States Courts in writing of his 
actual abode and official duty station upon his appointment and 
from time to time thereafter as his official duty station may 
change.". 
(2) The item relating to section 456 in the section analysis of 
chapter 21 of title 28, United States Code, is amended to read as 
follows: 
"456. Traveling expenses of justices and judges; official duty stations.". 
(b)(1) Section 460 of title 28, United States Code, is amended to 
read as follows: 
"§ 460. Application to other courts 
"(a) Sections 452 through 459 and section 462 of this chapter 
shall also apply to the United States Claims Court, to each court 
created by Act of Congress in a territory which is invested with 
any jurisdiction of a district court of the United States, and to the 
judges thereof. 
"(b) The official duty station of each judge referred to in subsec-
tion (a) which is not otherwise established by law shall be that 
place where the court holds regular sessions at or near which the 
judge performs a substantial portion of his judicial work, which is 
nearest the place where he maintains his actual abode in which he 
customarily lives.". 
(2) The item relating to section 460 in the section analysis of 
chapter 21 of title 28, United States Code, is amended to read as 
follows: 
"460. Application to other courts.". 
(c)(1) Chapter 21 of title 28, United States Code, is amended by 
adding at the end thereof the following new section: 
"§ 462. Court accommodations 
"(a) Sessions of courts of the United States (except the Supreme 
Court) shall be held only at places where the Director of the 
Administrative Office of the United States Courts provides accom-
modations, or where suitable accommodations are furnished with-
out cost to the judicial branch. 
"(b) The Director of the Administrative Office of the United 
States Courts shall provide accommodations, including chambers 
and courtrooms, only at places where regular sessions of court are 
authorized by law to be held, but only if the judicial council of the 
appropriate circuit has approved the accommodations as necessary. 
"(c) The limitations and restrictions contained in subsection (b) of 
this section shall not prevent the Director from furnishing cham-
bers to circuit judges at places where Federal facilities are avail-
able when the judicial council of the circuit approves. 
"(d) The Director of the Administrative Office of the United 
States Courts shall provide permanent accommodations for the 
United States Court of Appeals for the Federal Circuit and for the 
United States Claims Court only at the District of Columbia. How-
28 use 374. 
Notification to 
Director, Admin-
istrative Office, 
U.S. Courts. 
Infra. 
28 use 462. 
96 STAT. 32 
PUBLIC LAW 97-164—APR. 2, 1982 
Repeal. 
28 u s e 463. 
28 u s e 501 
et seq. 
ever, each such court may hold regular and special sessions at 
other places utilizing the accommodations which the Director pro-
vides to other courts. 
"(e) The Director of the Administrative Office of the United 
States Courts shall provide accommodations for probation officers, 
pretrial service officers, and Federal Public Defender Organizations 
at such places as may be approved by the judicial council of the 
appropriate circuit. 
"(f) Upon the request of the Director, the Administrator of Gen-
eral Services is authorized and directed to provide the accommoda-
tions the Director requests, and to close accommodations which the 
Director recommends for closure with the approval of the Judicial 
Conference of the United States.". 
(2) The section analysis of chapter 21 of title 28, United States 
Code, is amended by adding at the end thereof the following new 
item: 
"462. Court accommodations.". 
(3) Section 142 of title 28, United States Code, and the item relat-
ing to section 142 in the section analysis of chapter 5 of such title, 
are repealed. 
EXPENSES OF UTIGATION 
SEC. 116. (a) Chapter 21 of title 28, United States Code, as 
amended by section 115 of this Act, is further amended by adding 
at the end thereof the following new section: 
"§ 463. Expenses of litigation 
"Whenever a Chief Justice, justice, judge, officer, or employee of 
any United States court is sued in his official capacity, or is other-
wise required to defend acts taken or omissions made in his official 
capacity, and the services of an attorney for the Government are 
not reasonably available pursuant to chapter 31 of this title, the 
Director of the Administrative Office of the United States Courts 
may pay the costs of his defense. The Director shall prescribe regu-
lations for such payments subject to the approval of the Judicial 
Conference of the United States.". 
(b) The analysis of chapter 21 of title 28, United States Code, is 
amended by adding at the end thereof the following new item: 
"463. Expenses of litigation.". 
INTERESTS OF THE UNITED STATES IN CERTAIN ACTIONS 
SEC. 117. Section 518(a) of title 28, United States Code, is 
amended by striking out "Court of Claims" and inserting in lieu 
thereof "United States Claims Court or in the United States Court 
of Appeals for the Federal Circuit". 
TRANSMISSION OF PETITIONS IN SUITS AGAINST THE UNITED STATES 
SEC. 118. (a) Section 520 of title 28, United States Code, is 
amended— 
(1) in subsection (a), by striking out "Court of Claims" and 
inserting in lieu thereof "United States Claims Court or in the 
United States Court of Appeals for the Federal Circuit"; and 
PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 33 
(2) by striking out "Court of Claims" in the section heading 
and inserting in heu thereof "United States Claims Court or in 
United States Court of Appeals for the Federal Circuit". 
(b) The item relating to section 520 in the section analysis of 
chapter 31 of title 28, United States Code, is amended to read as 
follows: 
"520. Transmission of petitions in United States Claims Court or in United States 
Court of Appeals for the Federal Circuit; statement furnished by depart-
ments.". 
BUDGET ESTIMATES 
SEC. 119. (a) Section 605 of title 28, United States Code, is 
amended— 
(1) by inserting immediately before the period at the end of 
the second undesignated paragraph the following: "and the 
estimate with respect to the United States Court of Appeals for 
the Federal Circuit shall be approved by such court"; and 
(2) by striking out "Bureau of the Budget" each place it 
appears and inserting in lieu thereof "Office of Management 
and Budget". 
(b) Funds appropriated to the Court of Customs and Patent 
Appeals and the Court of Claims for fiscal year 1982 shall be made 
available for the operation of the United States Court of Appeals 
for the Federal Circuit and the United States Claims Court. Such 
sums shall be apportioned among the new appropriations as deter-
mined by the Director of the Administrative Office of the United 
States Courts in consultation with the chief judges of the respective 
courts. 
DEFINITION OF COURTS 
SEC. 120. (a) Section 610 of title 28, United States Code, is 
amended by striking out "the Court of Claims, the Court of Cus-
toms and Patent Appeals" and inserting in lieu thereof "the 
United States Claims Court". 
(b)(1) Section 713 of title 28, United States Code, is amended to 
read as follows: 
"§ 713. Librarians 
"(a) Each court of appeals may appoint a librarian who shall be 
subject to removal by the court. 
"(b) The librarian, with the approval of the court, may appoint 
necessary library assistants in such numbers as the Director of the 
Administrative Office of the United States Courts may approve. 
The librarian may remove such library assistants with the 
approval of the court.". 
(2) The item relating to section 713 in the section analysis of 
chapter 47, United States Code, is amended to read £is follows: 
"713. Librarians.". 
(cXD Chapter 47 of title 28, United States Code, is amended by 
adding at the end thereof the following new sections: 
"§ 714. Criers and messengers 
28 use lu. 
"(a) Each court of appeals may appoint a crier who shall be sub-
ject to removal by the court. 
"(b) The crier, with the approval of the court, may appoint neces-
sary messengers in such number as the Director of the Administra-
96 STAT. 34 
PUBLIC LAW 97-164—APR. 2, 1982 
tive Office of the United States Courts may approve. The crier may 
remove such messengers with the approval of the court. The crier 
shall also perform the duties of bailiff and messenger. 
28 use 715. 
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§ 715. Staff attorneys and technical assistants 
"(a) The chief judge of each court of appeals, with the approval of 
the court, may appoint a senior staff attorney, who shall be subject 
to removal by the chief judge with the approval of the court. 
"0)) The senior staff attorney, with the approval of the chief 
judge, may appoint necessary staff attorneys and secretarial and 
clerical employees in such numbers as the Director of the Adminis-
trative Office of the United States Courts may approve, but in no 
event may the number of staff attorneys exceed the number of 
positions expressly authorized in an annual appropriation Act. The 
senior staff attorney may remove such staff attorneys and secre-
tarial and clerical employees with the approval of the chief judge. 
"(c) The chief judge of the Court of Appeals for the Federal Cir-
cuit, with the approval of the court, may appoint a senior technical 
assistant who shall be subject to removal by the chief judge with 
the approval of the court. 
"(d) The senior technical assistant, with the approval of the 
court, may appoint necessary technical assistants in such number 
as the Director of the Administrative Office of the United States 
Courts may approve, but in no event may the number of technical 
assistants in the Court of Appeals for the Federal Circuit exceed 
the number of circuit judges in regular active service within such 
circuit. The senior technical assistant may remove such technical 
assistants with the approval of the court.". 
(2) The section analysis of chapter 47, United States Code, is 
amended by adding at the end thereof the following new items: 
"714. Criers and messengers. 
"715. Staff attorneys and technical assistants.". 
Repeal. 
OFFICERS AND EMPLOYEES OF THE UNITED STATES CLAIMS COURT 
SEC. 121. (a) Section 791 of title 28, United States Code, is 
amended by amending subsection (a) to read as follows: 
"(a) The United States Claims Court may appoint a clerk, who shall 
be subject to removal by the court. The clerk, with the approval 
of the court, may appoint necessary deputies and employees 
in such numbers as may be approved by the Director of the 
Administrative Office of the United States Courts. Such deputies 
and employees shall be subject to removal by the clerk with the 
approval of the court.". 
(b) Section 792 of title 28, United States Code, and the item relat-
ing to section 792 in the section analysis of chapter 51 of such title, 
are repealed. 
(c)(1) Section 794 of title 28, United States Code, is amended to 
read as follows: 
"§ 794. Law clerks and secretaries 
"The judges of the United States Claims Court may appoint nec-
essary law clerks and secretaries, in such numbers as the Judicial 
Conference of the United States may approve, subject to any limi-
tation of the aggregate salaries of such employees which may be 
imposed by law.". 
PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 35 
(2) The item relating to section 794 in the section analysis of 
chapter 51 of title 28, United States Code, is amended to read as 
follows: 
"794. Law clerks and secretaries.". 
(d)(1) Section 795 of title 28, United States Code, is amended to 
read as follows: 
*'§ 795. Bailiffs and messengers 
"The chief judge of United States Claims Court, with the 
approval of the court, may appoint necessary bailiffs and messen-
gers, in such numbers as the Director of the Administrative Office 
of the United States Courts may approve, each of whom shall be 
subject to removal by the chief judge, with the approval of the 
court.". 
(2) The item relating to section 795 in the section analysis of 
chapter 51 of title 28, United States Code, is amended to read as 
follows: 
"795. Bailiffs and messengers.". 
(e) Section 796 of title 28, United States Code, is amended by 
striking out "The Court of Claims" and inserting in lieu thereof 
"Subject to the approval of the United States Claims Court, the 
Director of the Administrative Office of the United States Courts". 
(f)(1) Section 797 of title 28, United States Code, is amended to 
read as follows: 
"§ 797. Recall of retired judges 
"(a) Any judge of the United States Claims Court who has retired 
from regular active service under subchapter III of chapter 83 of 
title 5 shall be known and designated as a senior judge and may 5 use 8331. 
perform duties as a judge when recalled pursuant to subsection (b) 
of this section. 
"(b) The chief judge of the Claims Court may, whenever he 
deems it advisable, recall any senior judge, with such judge's con-
sent, to perform such duties as a judge and for such period of time 
as the chief judge may specify. 
"(c) Any senior judge performing duties pursuant to this section 
shall not be counted as a judge for purposes of the number of 
judgeships authorized by section 171 of this title. 
"(d) Any senior judge, while performing duties pursuant to this 
section, shall be paid the same allowances for travel and other 
expenses as a judge in active service. Such senior judge shall also 
receive from the Claims Court supplemental pay in an amount suf-
ficient, when added to his civil service retirement annuity, to equal 
the salary of a judge in active service for the same period or periods 
of time. Such supplemental pay shall be paid in the same manner as 
the salary of a judge.". 
(2) The item relating to section 797 in the section analysis of 
chapter 51 of title 28, United States Code, is amended by striking 
out "commissioners" and inserting in lieu thereof "judges". 
(g)(1) The item relating to chapter 51 in the chapter analysis of 
part III of title 28, United States Code, is amended by striking out 
"Court of Claims" and inserting in lieu thereof "United States 
Claims Court". 
Ante, p. 27. 
Supplemental 
pay-
96 STAT. 36 
PUBLIC LAW 97-164—APR. 2, 1982 
(2) The chapter heading of chapter 51 of title 28, United States 
Code, is amended by striking out "COURT OF CLAIMS" and 
inserting in lieu thereof "UNITED STATES CLAIMS COURT". 
ABOUSHMENT OF UNITED STATES COURT OF CUSTOMS AND PATENT 
APPEALS 
Repeal. 
SEC. 122. (a) Chapter 53 of title 28, United States Code, and the 
28 use 831 
item relating to chapter 53 in the chapter analysis of part III of 
et seq. 
such title, are repealed. 
(b) Section 957 of title 28, United States Code, is amended— 
(1) in subsection (a) by striking out "(a)", and 
(2) by repealing subsection (b). 
TECHNICAL AND CONFORMING AMENDMENTS RELATING TO REPEAL OP 
COURT OF CUSTOMS AND PATENT APPEALS 
SEC 123. Sections 1255 and 1256 of title 28, United States Code, 
and the items relating to sections 1255 and 1256 in the section 
analysis of chapter 81 of such title, are repealed. 
Infra; 
post, p. 37. 
Exclusive 
jurisdiction. 
Post, p. 37. 
Ante, p. 28. 
COURTS OF APPEALS JURISDICTION 
SEC 124. Section 1291 of title 28, United States Code, is 
amended— 
(1) by inserting "(other than the United States Court of 
Appeals for the Federal Circuit)" after "courts of appeals"; and 
(2) by adding at the end thereof the following new sentence: 
"The jurisdiction of the United States Court of Appeals for the 
Federal Circuit shall be limited to the jurisdiction described in 
sections 1292 (c) and (d) and 1295 of this title.". 
INTERLOCUTORY DECISIONS 
SEC 125. (a) Section 1292(a) of title 28, United States Code, is 
amended— 
(1) by striking out "The courts" and inserting in lieu thereof 
"Except as provided in subsections (c) and (d) of this section, 
the courts"; 
(2) by striking out the semicolon at the end of paragraph (3) 
and inserting in lieu thereof a period; and 
(3) by striking out paragraph (4), 
(b) Section 1292 of title 28, United States Code, is amended by 
adding at the end thereof the following new subsections: 
"(c) The United States Court of Appeals for the Federal Circuit 
shall have exclusive jurisdiction— 
"(1) of an appeal from an interlocutory order or decree 
described in subsection (a) of this section in any case over 
which the court would have jurisdiction of an appeal under 
section 1295 of this title; and 
"(2) of an appeal from a judgment in a civil action for patent 
infringement which would otherwise be appealable to the 
United States Court of Appeals for the Federal Circuit and is 
final except for an accounting. 
"(d)(1) When the chief judge of the Court of International Trade 
issues an order under the provisions of section 256(b) of this title, 
or when any judge of the Court of International Trade, in issuing 
PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 37 
any other interlocutory order, includes in the order a statement 
that a controlling question of law is involved with respect to which 
there is a substantial ground for difference of opinion and that an 
immediate appeal from that order may materially advance the ulti-
mate termination of the litigation, the United States Court of 
Appeals for the Federal Circuit may, in its discretion, permit an 
appeal to be taken from such order, if application is made to that 
Court within ten days after the entry of such order. 
"(2) When any judge of the United States Claims Court, in issu-
ing an interlocutory order, includes in the order a statement that a 
controlling question of law is involved with respect to which there 
is a substantial ground for difference of opinion and that an imme-
diate appeal from that order may materially advance the ultimate 
termination of the litigation, the United States Court of Appeals 
for the Federal Qrcuit may, in its discretion, permit an appeal to 
be taken from such order, if application is made to that Court 
within ten days after the entry of such order. 
"(3) Neither the application for nor the granting of an appeal stay of appeal, 
under this subsection shall stay proceedings in the Court of Inter-
national Trade or in the Claims Court, as the case may be, unless a 
stay is ordered by a judge of the Court of International Trade or of 
the Claims Court or by the United States Court of Appeals for the 
Federal Circuit or a judge of that court.". 
CIRCUITS IN WHICH DECISIONS ARE REVIEWABLE 
SEC. 126. Section 1294 of title 28, United States Code (including 
that section as it will become effective on April 1, 1984), is 
amended by striking out "Appeals" and inserting in lieu thereof 
"Except as provided in sections 1292(c), 1292(d), and 1295 of this 
title, appeals". 
JURISDICTION OF THE UNITED STATES COURT OF APPEALS FOR THE 
FEDERAL CIRCUIT 
SEC. 127. (a) Chapter 83 of title 28, United States Code, is 
amended by adding at the end thereof the following new sections: 
"§ 1295. Jurisdiction of the United States Court of Appeals for the 
Federal Circuit 
"(a) The United States Court of Appeals for the Federal Circuit 
shall have exclusive jurisdiction— 
"(1) of an appeal from a final decision of a district court of 
the United States, the United States District Court for the Dis-
trict of the Canal Zone, the District Court of Guam, the Dis-
trict Court of the Virgin Islands, or the District Court for the 
Northern Mariana Islands, if the jurisdiction of that court was 
based, in whole or in part, on section 1338 of this title, except 
that a case involving a claim arising under any Act of Con-
gress relating to copyrights or trademarks and no other claims 
under section 1338(a) shall be governed by sections 1291, 1292, 
and 1294 of this title; 
"(2) of an appeal from a final decision of a district court of 
the United States, the United States District Court for the Dis-
trict of the Canal Zone, the District Court of Guam, the Dis-
trict Court of the Virgin Islands, or the District Court for the 
Northern Mariana Islands, if the jurisdiction of that court was 
Ante, p. 36; 
Infra. 
28 u s e 1295. 
96 STAT. 38 
PUBLIC LAW 97-164—APR. 2, 1982 
28 use 1346. 
19 use 1202 
note. 
Post, p. 45. 
Post, p. 47. 
based, in whole or in part, on section 1346 of this title, except 
that jurisdiction of an appeal in a case brought in a district 
court under section 1346(a)(1), 1346(b), 1346(e), or 1346(f) of this 
title or under section 1346(a)(2) when the claim is founded 
upon an Act of Congress or a regulation of an executive 
department providing for internal revenue shall be governed 
by sections 1291, 1292, and 1294 of this title; 
"(3) of an appeal from a final decision of the United States 
Claims Court; 
"(4) of an appeal from a decision of— 
"(A) the Board of Appeals or the Board of Patent Inter-
ferences of the Patent and Trademark Office with respect 
to patent applications and interferences, at the instance of 
an applicant for a patent or any party to a patent interfer-
ence, and any such appeal shall waive the right of such 
applicant or party to proceed under section 145 or 146 of 
title 35; 
"(B) the Commissioner of Patents and Trademarks or 
the Trademark Trial and Appeal Board with respect to 
applications for registration of marks and other proceed-
ings as provided in section 21 of the Trademark Act of 
1946 (15 U.S.C. 1071); or 
"(C) a district court to which a case was directed pursu-
ant to section 145 or 146 of title 35; 
"(5) of an appeal from a final decision of the United States 
Cburt of International Trade; 
"(6) to review the final determinations of the United States 
International Trade Commission relating to unfair practices in 
import trade, made under section 337 of the Tariff Act of 1930 
(19 U.S.C. 1337); 
"(7) to review, by appeal on questions of law only, findings of 
the Secretary of Commerce under headnote 6 to schedule 8, 
part 4, of the Tariff Schedules of the United States (relating to 
importation of instruments or apparatus); 
"(8) of an appeal under section 71 of the Plant Variety Pro-
tection Act (7 U.S.C. 2461); 
"(9) of an appeal from a final order or final decision of the 
Merit Systems Protection Board, pursuant to sections 7703(b)(1) 
and 7703(d) of title 5; and 
"(10) of an appeal from a final decision of an agency board of 
contract appeals pursuant to section 8(g)(1) of the Contract Dis-
putes Act of 1978 (41 U.S.C. 607(g)(1)). 
"(b) The head of any executive department or agency may, with 
the approval of the Attorney General, refer to the Court of Appeals 
for the Federal Circuit for judicial review any final decision ren-
dered by a board of contract appeals pursuant to the terms of any 
contract with the United States awarded by that department or 
agency which the head of such department or agency has con-
cluded is not entitled to finality pursuant to the review standards 
specified in section 10(b) of the Contract Disputes Act of 1978 (41 
U.S.C. 609(b)). The head of each executive department or agency 
shall make any referral under this section within one hundred and 
twenty days after the receipt of a copy of the final appeal decision. 
"(c) The Court of Appeals for the Federal Circuit shall review the 
matter referred in accordance with the standards specified in sec-
tion 10(b) of the Contract Disputes Act of 1978. The court shall pro-
ceed with judicial review on the administrative record made before 
PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 39 
the board of contract appeals on matters so referred as in other 
cases pending in such court, shall determine the issue of finality of 
the appeal decision, and shall, if appropriate, render judgment 
thereon, or remand the matter to any administrative or executive 
body or official with such direction as it may deem proper and just. 
*
*
§ 1296. Precedence of cases in the United States Court of Appeals 28 use i296. 
for the Federal Circuit 
"Civil actions in the United States Court of Appeals for the Fed-
eral Circuit shall be ^ven precedence, in accordance with the law 
applicable to such actions, m such order as the court may by rule 
establish.". 
(b) The section analysis of chapter 83 of title 28, United States 
Code, is amended by adding at the end thereof the following new 
items: 
"1295. Jurisdiction of the United States Court of Appeals for the Federal Circuit. 
"1296. Precedence of cases in the United States Court of Appeals for the Federal 
Circuit.". 
INTERSTATE COMMERCE COMMISSION ORDERS; JURISDICTION 
SEC 128. Section 1336(b) of title 28, United States Code, is 
amended by striking out "Court of Claims" and inserting in lieu 
thereof "United States Claims Court". 
UNTTED STATES AS DEFENDANT; JURISDICTION 
SEC. 129. Section 1346(a) of title 28, United States Code, is 
amended by striking out "Court of Claims" and inserting in lieu 
thereof "United States Claims Court". 
INTERSTATE COMMERCE COMMISSION ORDERS; VENUE 
SEC 130. Section 1398(b) of title 28, United States Code, is 
amended by striking out "Court of Claims" and inserting in lieu 
thereof "United States Claims Court". 
UNITED STATES AS DEFENDANT; VENUE 
SEC 131. Section 1402(a) of title 28, United States Code, is 
amended by inserting "in a district court" after "civil action". 
CURE OR WAIVER OP DEFECTS 
SEC 132. Section 1406 of title 28, United States Code, is 
amended— 
(1) by repealing subsection (c); and 
(2) by redesignating subsection (d) as subsection (c). 
UNITED STATES CLAIMS COURT JURISDICTION AND VENUE 
SEC. 133. (a) Section 1491 of title 28, United States Code, is 
amended to read as follows: 
"§ 1491. Claims against United States generally; actions involving 
Tennessee Valley Authority 
"(a)(1) The United States Claims Court shall have jurisdiction to 
render judgment upon any claim against the United States founded 
96 STAT. 40 
PUBLIC LAW 97-164—APR. 2, 1982 
use prec. title 1. either upon the Constitution, or any Act of Congress or any regula-
tion of an executive department, or upon any express or implied 
contract with the United States, or for liquidated or unliquidated 
damages in cases not sounding in tort. For the purpose of this para-
graph, an express or implied contract with the Army and Air Force 
Exchange Service, Navy Exchanges, Marine Corps Exchanges, 
Coast Guard Exchanges, or Exchange Councils of the National 
Aeronautics and Space Administration shall be considered an 
express or implied contract with the United States. 
"(2) To provide an entire remedy and to complete the relief 
afforded by the judgment, the court may, as an incident of and col-
lateral to any such judgment, issue orders directing restoration to 
office or position, placement in appropriate duty or retirement 
status, and correction of applicable records, and such orders may 
be issued to any appropriate official of the United States. In any 
case within its jurisdiction, the court shall have the power to 
remand appropriate matters to any administrative or executive 
body or official with such direction as it may deem proper and just. 
The Claims Court shall have jurisdiction to render judgment upon 
any claim by or against, or dispute with, a contractor arising under 
41 use 609. 
section lO(aXl) of the Contract Disputes Act of 1978. 
"(3) To afford complete relief on any contract claim brought 
before the contract is awarded, the court shall have exclusive juris-
diction to grant declaratory judgments and such equitable and 
extraordinary relief as it deems proper, including but not limited 
to injunctive relief. In exercising this jurisdiction, the court shall 
give due regard to the interests of national defense and national 
security. 
"(b) Nothing herein shall be construed to give the United States 
Claims Court jurisdiction of any civil action within the exclusive 
jurisdiction of the Court of International Trade, or of any action 
against, or founded on conduct of, the Tennessee Valley Authority, 
or to amend or modify the provisions of the Tennessee Valley 
16 use 831. 
Authority Act of 1933 with respect to actions by or against the 
Authority.". 
(b) Section 1492 of title 28, United States Code, is amended by 
striking out "chief commissioner of the Court of Claims" and 
inserting in lieu thereof "chief judge of the United States Claims 
Court". 
(c)(1) Sections 1494, 1495, 1496, and 1497 of title 28, United States 
Code, are amended by striking out "Court of Claims" each place it 
appears and inserting in lieu thereof "United States Claims 
Court". 
(2) The section heading of section 1497 of title 28, United States 
Code, is amended by striking out "growers," and inserting in lieu 
thereof "growers'". 
(d) Section 1498 of title 28, United States Code, is amended— 
(1) in subsection (a), by striking out "Court of Claims" and 
inserting in lieu thereof "United States Claims Court"; and 
(2) in subsections (b) and (d), by striking out "Court of 
Claims" each place it appears and inserting in lieu thereof 
"Claims Court". 
(e)(1) Sections 1499, 1500, 1501, 1502, and 1503 of title 28, United 
States Code, are amended by striking out "Court of Claims" each 
place it appears and inserting in lieu thereof "United States 
Claims Court". 
PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 41 
(2XA) The section heading of section 1499 of title 28, United 
States Code, is amended by inserting "and Safety" after "Hours". 
(B) The item relating to section 1499 in the section analysis of 
chapter 91 of title 28, United States Code, is amended to read as 
follows: 
"1499. Liquidated damages withheld from contractors under Contract Work Hours 
and Safety Standards Act". 
(f) Section 1504 of title 28, United States Code, and the item Repeal. 
relating to section 1504 in the section analysis of chapter 91 of such 
title, are repealed. 
(g) Section 1505 of title 28, United States Code, is amended— 
(1) by striking out "Court of Claims" the first place it 
appears and inserting in lieu thereof "United States Claims 
Court"; and 
(2) by striking out "Court of Claims" the second place it 
appears and inserting in lieu thereof "Claims Court". 
(h) Section 1506 of title 28, United States Code, and the item Repeal, 
relating to section 1506 in the section analysis of chapter 91 of such 
title, are repealed. 
(i) Section 1507 of title 28, United States Code, is amended by 
striking out "Court of Claims" and inserting in lieu thereof 
"United States Claims Court". 
(jXD The item relating to chapter 91 in the chapter analysis of 
part IV of title 28, United States Code, is amended by striking out 
Court of Claims" and inserting in lieu thereof "United States 
Claims Court". 
(2) The chapter heading of chapter 91 of title 28, United States 
Code, is amended by striking out "COURT OF CLAIMS" and 
inserting in lieu thereof "UNITED STATES CLAIMS COURT". 
REPEAL OF PROVISIONS RELATING TO THE COURT OP CUSTOMS AND 
PATENT APPEALS 
SEC. 134. Chapter 93 of title 28, United States Code, and the item 
relating to chapter 93 in the chapter analysis of part IV of such 
title, are repealed. 
REPEAL; CURE OP DEFECTS 
SEC. 135. Section 1584 of title 28, United States Code, and the 
item relating to section 1584 in the section analysis of chapter 95 of 
such title, are repealed. 
REPEAL; TIME FOR APPEAL 
SEC. 136. Section 2110 of title 28, United States Code, and the 
item relating to section 2110 in the section analysis of chapter 133 
of such title, are repealed. 
28 use 1541 
et seq. 
COURT OF APPEALS JURISDICTION 
SEC. 137. Section 2342 of title 28, United States Code, is 
amended— 
(1) by inserting "(other than the United States Court of 
Appeals for the Federal Circuit)" after "court of appeals"; 
(2) in paragraph (4), by inserting "and" after the semicolon; 
96 STAT. 42 
PUBLIC LAW 97-164—APR. 2, 1982 
(3) in paragraph (5), by striking out "; and" and inserting in 
lieu thereof a period; and 
(4) by striking out paragraph (6). 
Repeal. 
PLANT VARIETY PROTECTION OFFICE DECISIONS 
SEC. 138. Section 2353 of title 28, United States Code, and the 
item relating to section 2353 in the section analysis of chapter 158 
of such title, are repealed. 
UNITED STATES CLAIMS COURT PROCEDURE 
SEC. 139. (a) Sections 2501 and 2502(a) of title 28, United States 
Code, are amended by striking out "Court of Claims" each place it 
appears and inserting in lieu thereof "United States Claims 
Court". 
(b)(1) Section 2503 of title 28, United States Code, is amended to 
read as follows: 
"§ 2503. Proceedings generally 
"(a) Parties to any suit in the United States Claims Court may 
appear before a judge of that court in person or by attorney, pro-
duce evidence, and examine witnesses. 
"(b) The proceedings of the Claims Court shall be in accordance 
with such rules of practice and procedure (other than the rules of 
evidence) as the Claims Court may prescribe and in accordance 
with the Federal Rules of Evidence. 
"(c) The judges of the Claims Court shall fix times for trials, 
administer oaths or affirmations, examine witnesses, receive evi-
Hearings. 
dence, and enter dispositive judgments. Hearings shall, if conven-
ient, be held in the counties where the witnesses reside.". 
(2) The item relating to section 2503 in the section analysis of 
chapter 165 of title 28, United States Code, is amended by striking 
out "before commissioners". 
(c) Section 2504 of title 28, United States Code, is amended— 
(1) by striking out "Court of Claims" and inserting in lieu 
thereof "United States Claims Court"; and 
(2) by striking out "commissioner" each place it appears and 
inserting in lieu thereof "judge". 
(d) Section 2505 of title 28, United States Code, is amended— 
(1) by striking out "Court of Claims" and inserting in lieu 
thereof "United States Claims Court"; and 
(2) by striking out "report findings" and inserting in lieu 
thereof "enter judgment". 
(e) Section 2506 of title 28, United States Code, is amended by 
striking out "Court of Claims" and inserting in lieu thereof 
"United States Claims Court". 
(f) Section 2507 of title 28, United States Code, is amended— 
(1) in subsection (a), by striking out "Court of Claims" and 
inserting in lieu thereof "United States Claims Court"; and 
(2) in subsection (c), bv striking out "Court of Claims" and 
inserting in lieu thereof Claims Court". 
(g) Section 2508 of title 28, United States Code, is amended by 
striking out "Court of Claims" and inserting in lieu thereof 
"United States Claims Court". 
(h)(1) Section 2509 of title 28, United States Code, is amended by 
amending subsection (a) to read as follows: 
PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 43 
"(a) Whenever a bill, except a bill for a pension, is referred by Hearing officer. 
either House of Congress to the chief judge of the United States 
Claims Court pursuant to section 1492 of this title, the chief judge 28 USC 1492. 
shall designate a judge as hearing officer for the case and a panel 
of three judges of the court to serve as a reviewing body. One 
member of the review panel shall be designated as presiding officer 
of the panel.". 
(2) Section 2509 of title 28, United States Code, is amended— 
(A) in subsections (b), (c), (d), and (f), by striking out "trial 
commissioner" each place it appears and inserting in lieu 
thereof "hearing officer"; 
(B) in subsections (b), (c), and (e), by striking out "chief com-
missioner" each place it appears and inserting in lieu thereof 
"chief judge"; 
(C) in subsections (b), (f), and (g), by striking out "Court of 
Claims" each place it appears and inserting in lieu thereof 
"Claims Court"; 
(D) in subsection (d), by striking out "of commissioners"; and 
(E) in subsection (g), by striking out "commissioners serving 
as trial commissioners" and inserting in lieu thereof "judges 
serving as hearing officers". 
(i)(l) Section 2510 of title 28, United States Code, is amended to 
read as follows: 
"§ 2510. Referral of cases by Comptroller General 
28 use 2510. 
"(a) The Comptroller General may transmit to the United States 
Claims Court for trial and adjudication any claim or matter of 
which the Claims Court might take jurisdiction on the voluntary 
action of the claimant, together with all vouchers, papers, docu-
ments, and proofs pertaining thereto. 
"(b) The Claims Court shall proceed with the claims or matters 
so referred as in other cases pending in such Court and shall 
render judgment thereon.". 
(2) The item relating to section 2510 in the section analysis of 
chapter 165 of title 28, United States Code, is amended to read as 
follows: 
"2510. Referral of cases by Comptroller General.". 
(jXD Section 2511 of title 28, United States Code, is amended by 
striking out ", or of the Supreme Court upon review,". 
(2) Sections 2511, 2512, 2513(c), 2514, 2515(a), and 2516(a) of title 
28, United States Code, are amended by striking out "Court of 
Claims" each place it appears and inserting in lieu thereof "United 
States Claims Court". 
(k) Section 2517 of title 28, United States Code, is amended— 
(1) in subsection (a), by striking out "Court of Claims" and 
inserting in lieu thereof "United States Claims Court"; and 
(2) in subsection (b), by striking out the comma immediately 
after "discharged". 
(1) Section 2518 of title 28, United States Code, and the item Repeal, 
relating to section 2518 in the section analysis of chapter 165 of 
such title, are repealed. 
(m) Section 2519 of title 28, United States Code, is amended by 
striking out "Court of Claims" and inserting in lieu thereof 
'^United States Claims Court". 
(n)(l) Section 2520 of title 28, United States Code, is amended in 
subsection (a)— 
96 STAT. 44 
PUBLIC LAW 97-164—APR. 2, 1982 
(A) by striking out "(a)"; 
(B) by striking out "Court of Claims" and inserting in lieu 
thereof "United States Claims Court"; and 
(C) by striking out "$10" and inserting in lieu thereof "$60". 
(2) Subsections (b) and (c) of section 2520 of title 28, United States 
Code, are repealed. 
(3) The section heading of section 2520 of title 28, United States 
Code, is amended by striking out "; cost of printing record". 
(4) The item relating to section 2520 in the section analysis of 
chapter 165 of title 28, United States Code, is amended to read as 
follows: 
"2520. Fees.". 
(o)(l) The item relating to chapter 165 in the chapter analysis of 
part VI of title 28, United States Code, is amended to read as 
follows: 
"165. United States Claims Court Procedure 
2501". 
(2) The chapter heading of chapter 165 of title 28, United States 
Code, is amended by striking out "COURT OF CLAIMS" and 
inserting in lieu thereof "UNITED STATES CLAIMS COURT". 
(p)(l) Section 1926 of title 28, United States Code, is amended to 
read as follows: 
"§ 1926. Claims Court 
"(a) The Judicial Conference of the United States shall prescribe 
from time to time the fees and costs to be charged and collected in 
the United States Claims Court. 
"(b) The court and its officers shall collect only such fees and 
costs as the Judicial Conference prescribes. The court may require 
advance payment of fees by rule. . 
(2) The item relating to section 1926 in the section analysis of 
chapter 123 of title 28, United States Code, is amended to read as 
follows: 
"1926. Claims Court.". 
(q)(l) Chapter 165 of title 28, United States Code, is amended by 
adding at the end thereof the following new section: 
28 use 2522. 
"§ 2522. Notice of appeal 
"Review of a decision of the United States Claims Court shall be 
obtained by filing a notice of appeal with the clerk of the Claims 
Court within the time and in the manner prescribed for appeals to 
United States courts of appeals from the United States district 
courts.". 
(2) The section analysis of chapter 165 of title 28, United States 
Code, is amended by adding at the end thereof the following new 
item: 
"2522. Notice of appeal.". 
Fees and 
costs, 
collection. 
28 use 1926. 
28 use 2601 
et seq. 
REPEAL OF PROVISIONS RELATING TO THE COURT OF CUSTOMS AND 
PATENT APPEALS 
SEC. 140. Chapter 167 of title 28, United States Code, and the 
item relating to chapter 167 in the chapter analysis of part VI of 
such title, are repealed. 
PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 45 
COURT OF INTERNATIONAL TRADE; PROCEDURE 
SEC. 141. Section 2645(c) of title 28, United States Code, is 
amended by striking out "Customs and Patent Appeals within the 
time and in the manner provided in section 2601 of this title" and 
inserting in lieu thereof Appeals for the Federal Circuit by filing 
a notice of appeal with the clerk of the Court of International 
Trade within the time and in the manner prescribed for appeals to 
United States courts of appeals from the United States district 
courts". 
FEDERAL RULES OF EVIDENCE 
SEC. 142. Rule 1101(a) of the Federal Rules of Evidence is 28USCapp. 
amended by striking out "Court of Claims" the first place it 
appears and inserting in lieu thereof "United States Claims Court" 
and by striking out "and commissioners of the Court of Claims". 
PART B—CONFORMING AMENDMENTS OUTSIDE TITLE 28 
FEDERAL SALARY ACT 
SEC. 143. Section 225(f)(C) of the Federal Salary Act of 1967 (2 
U.S.C. 356(C)), is amended by inserting "and the judges of the 
United States Claims Court" immediately before the semicolon at 
the end thereof. 
MERIT SYSTEMS PROTECTION BOARD 
SEC. 144. Section 7703 of title 5, United States Code, is 
amended— 
(1) in subsection (b)(1), by striking out "Court of Claims or a 
United States court of appeals as provided in chapters 91 and 
158, respectively, of title 28" and inserting in lieu thereof 
"United States Court of Appeals for the Federal Circuit"; 
(2) in subsection (c), by striking out "Court of Claims or a 
United States court of appeals" and inserting in lieu thereof 
"Court of Appeals for the Federal Circuit"; and 
(3) in subsection (d), by striking out "District of Columbia" 
and inserting in lieu thereof "Federal Circuit". 
PLANT VARIETY PROTECTION ACT 
SEC. 145. The second sentence of section 71 of the Plant Variety 
Protection Act (7 U.S.C. 2461) is amended to read as follows: "The 
United States Court of Appeals for the Federal Circuit shall have 
jurisdiction of any such appeal.". 
FEDERAL FIRE PREVENTION ACT 
SEC. 146. Section 11(d) of the Federal Fire Prevention and Con-
trol Act of 1974 (15 U.S.C. 2210(d)) is amended by striking out 
"Court of Claims of the United States" and inserting in lieu 
thereof "United States Claims Court". 
CRIMINAL CODE 
SEC. 147. Section 204 of title 18, United States Code, and the sec-
tion heading thereof are amended by striking out "Court of 
96 STAT. 46 
PUBLIC LAW 97-164—APR. 2, 1982 
Claims" and inserting in lieu thereof "United States Claims Court 
or the United States Court of Appeals for the Federal Circuit". 
TRADEMARK ACT 
SEC. 148. Section 39 of the Trademark Act of 1946 (15 U.S.C. 
1121) is amended by inserting "(other than the United States Court 
of Appeals for the Federal Circuit)" after "circuit courts of appeal 
of the United States". 
INDIAN CLAIMS COMMISSION 
SEC. 149. (a) Section 29 of the Act entitled "An Act to create an 
Indian Claims Commission, to provide for the powers, duties, and 
functions thereof, and for other purposes", approved August 13, 
1946 (25 U.S.C. 70v-3), is amended by striking out "Court of 
Claims" each place it appears and inserting in lieu thereof "Claims 
Court". 
(b) Subsection (c) of section 29 of such Act is repealed. 
(c) Subsection (d) of section 29 of such Act is amended— 
(1) by striking out "(d)" and inserting in lieu thereof "(c)"; 
and 
(2) by striking out "Supreme Court in accordance with the 
provisions of section 1255" and inserting in lieu thereof 
"United States Court of Appeals for the Federal Circuit in 
Ante, p. 37. 
accordance with the provisions of section 1295". 
(d) Subsection (e) of section 29 of such Act is amended by striking 
out "(e)" and inserting in lieu thereof "(d)". 
CLAIMS BY INDIANS OF CALIFORNIA 
SEC 150. Section 2 of the Act of May 18, 1928 (25 U.S.C. 652) is 
amended— 
(1) by striking out "Court of Claims" the first place it 
appears and inserting in lieu thereof "United States Claims 
Court"; 
(2) by striking out "Court of Claims of the United States" 
and inserting in lieu thereof "United States Claims Court"; 
and 
(3) by striking out "Supreme Court of the United States" and 
inserting in lieu thereof "United States Court of Appeals for 
the Federal Circuit". 
INTERNAL REVENUE CODE 
SEC 151. Section 7422(e) of the Internal Revenue Code of 1954 (26 
U.S.C. 7422(e)) is amended by striking out "Court of Claims" each 
place it appears and inserting in lieu thereof "United States 
Claims Court". 
INTERNAL REVENUE CODE 
26 use 7428. 
SEC 152. Section 7428 of the Internal Revenue Code of 1954 is 
amended by striking out "Court of Claims" each place it appears 
and inserting in lieu thereof "Claims Court". 
PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 47 
INTERNAL REVENUE CODE 
SEC. 153. (a) The second sentence of section 7456(c) of the Inter-
nal Revenue Code of 1954 is amended to read as follows: "Each 26 use 7456. 
commissioner shall receive pay 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 title 28, United States Code, 
and also necessary traveling expenses and per diem allowances, as 
provided in subchapter I of chapter 57 of title 5, United States 
Code, while traveling on official business and away from Washing- 5 use 5701. 
ton, District of Columbia.". 
(b) Notwithstanding the amendment made by subsection (a), until 26 use 7456 
such time as a change in the salary rate of a commissioner of the 
^°^-
United States Tax Court occurs in accordance with section 7456(c) 
of the Internal Revenue Code of 1954, the salary of such commis-
sioner shall be equal to the salary of a commissioner of the Court 
of Claims immediately prior to the effective date of this Act. 
INTERNAL REVENUE CODE 
SEC. 154. Section 7482(a) of the Internal Revenue Code of 1954 is 26 use 7482. 
amended by inserting "(other than the United States Court of 
Appeals for the Federal Circuit)" after "United States Court of 
Appeals". 
APPROPRIATION FOR JUDGMENTS AGAINST UNITED STATES 
SEC. 155. Section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a), 
is amended by striking out "Court of Claims" and inserting in lieu 
thereof "Court of Appeals for the Federal Circuit or the United 
States Claims Court". 
CONTRACT DISPUTES 
SEC. 156. Section 8(g)(1) of the Contract Disputes Act of 1978 (41 
U.S.C. 607(g)(1)) is amended— 
(1) in subparagraph (A), by striking out "Court of Claims" 
and inserting in lieu thereof "United States Court of Appeals 
for the Federal Circuit"; and 
(2) in subparagraph (B), by striking out "United States Court 
of Claims for judicial review, under section 2510 of title 28, 
United States Code, as amended herein," and inserting in lieu 
thereof "Court of Appeals for the Federal Circuit for judicial 
review under section 1295 of title 28, United States Code,". 
Ante, p. 37. 
CONTRACT DISPUTES 
SEC. 157. Section 10(c) of the Contract Disputes Act of 1978 (41 
U.S.C. 609(c)) is amended by striking out ", or, in its discretion" 
and all that follows through "of the case". 
CONGRESSIONAL PRINTING 
SEC. 158. Section 713 of title 44, United States Code, is 
amended— 
(1) by striking out "eight hundred and twenty-two" and 
inserting in lieu thereof "eight hundred and twenty"; 
96 STAT. 48 
PUBLIC LAW 97-164—APR. 2, 1982 
(2) by inserting "and" after "Superintendent of Documents;"; 
and 
(3) by striking out "to the Court of Claims, two copies; and". 
EXECUTIVE AND JUDICIARY PRINTING 
SEC. 159. Section 1103 of title 44, United States Code, is amended 
by striking out "the Court of Claims," and by striking out "chief 
judge of the Court of Claims,". 
CONFORMING AMENDMENTS 
SEC. 160. (a) The following provisions of law are amended by 
striking out "Court of Claims" each place it appears and inserting 
in lieu thereof "United States Claims Court": 
25 use 1401, 
(1) Sections 1 and 2 of the Act of October 19, 1973 (87 Stat. 
1402. 
466). 
(2) Section 8715 of title 5, United States Code. 
(3) Section 8912 of title 5, United States Code. 
(4) Section 2273(b) of title 10, United States Code. 
(5) Section 337(i) of the Tariff Act of 1930 (19 U.S.C. 1337(i)). 
(6) Section 606(a) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2356(a)). 
(7) Section 1 of the Act entitled "An Act providing for the 
allotment and distribution of Indian tribal funds", approved 
March 2, 1907 (25 U.S.C. 119). 
(8) Section 2 of the Act of August 12, 1935 (25 U.S.C. 475a). 
26 use 6110. 
(9) Section 6110(i)(l) of the Internal Revenue Code of 1954. 
(10) Section 2 of the Act of May 28, 1908 (30 U.S.C. 193a). 
(11) Section 7 of the Act of July 31, 1894 (31 U.S.C. 72). 
(12) Section 183 of title 35, United States Code. 
(13) Section 104(c) of the Contract Work Hours and Safety 
Standards Act (40 U.S.C. 330(c)). 
(14) Sections 13(b)(2) and 14 of the Contract Settlement Act 
of 1944 (41 U.S.C. 113(b) and 114). 
(15) Sections 8(d) and 10(d) of the Contract Disputes Act of 
1978 (41 U.S.C. 607(d) and 609(d)). 
(16) Sections 171 and 173 of the Atomic Energy Act of 1954 
(42 U.S.C. 2221 and 2223). 
(17) Section 10(i) of the Trading with the Enemy Act (50 
U.S.C. App. 10(i)). 
(18) Sections 103(f), 103(i), 105, 106(a)(6), 108, 108A, and 114(5) 
of the Renegotiation Act of 1951 (50 U.S.C. App. 1213(f), 1213(i), 
1215, 1216(a)(6), 1218, 1218a, and 1224(5)). 
(19) Section 4 of the Act of July 2, 1948 (50 U.S.C. App. 1984). 
(b) The section heading of section 108A of the Renegotiation 
Act of 1951 (50 U.S.C. App. 1218a) is amended by striking out 
"COURT OF CLAIMS" and inserting in lieu thereof 
"UNITED 
STATES CLAIMS COURT". 
(c) Section 108A of the Renegotiation Act of 1951 (50 U.S.C. 
App. 1218a) is amended by striking out "Supreme Court upon 
certiorari in the manner provided in section 1255" and insert-
ing in lieu thereof "United States Court of Appeals for the 
Federal Circuit in accordance with the provisions of section 
1295". 
PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 49 
CONFORMING AMENDMENTS 
SEC. 161. The following provisions of law are amended by striking 
out "Court of Claims" each place it appears and inserting in lieu 
thereof "Claims Court": 
(1) Section 4(c) of the Commodity Credit Corporation Charter 
Act (15 U.S.C. 714b(c)). 
(2) Section 20 of the Tennessee Valley Authority Act of 1933 
(16 U.S.C. 831s). 
(3) Section 403 of the International Claims Settlement Act of 
1949 (22 U.S.C. 1642b). 
(4) Section 2(a) of the Act of May 15, 1978 (92 Stat. 244). 
(5) Section 311(i) of the Federal Water Pollution Control Act 
(33 U.S.C. 1321(i)). 
(6) Section 10(b) of the Intervention on the High Seas Act (33 
U.S.C. 1479(b)). 
(7) Section 282 of title 35, United States Code. 
(8) Section 5261 of the Revised Statutes (45 U.S.C. 87). 
(9) Section 41(a) of the Trading with the Enemy Act (50 
U.S.C. App. 42(a)). 
(10) Section 10(a)(1) of the Contract Disputes Act of 1978 (41 
U.S.C. 609(a)(1)). 
CONFORMING AMENDMENTS 
SEC. 162. The following provisions of law are amended by striking 
out "United States Court of Customs and Patent Appeals" and 
"Court of Customs and Patent Appeals" each place they appear 
and inserting in lieu thereof "United States Court of Appeals for 
the Federal Circuit"* 
(1) Section 21 of the Trademark Act of 1946 (15 U.S.C. 1071). 
(2) Section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 
2182). 
(3) Section 305(d) of the National Aeronautics and Space Act 
of 1958 (42 U.S.C. 2457(d)). 
CONFORMING AMENDMENTS 
SEC. 163. (a) The following provisions of law are amended by 
striking out "Court of Customs and Patent Appeals" each place it 
appears and inserting in lieu thereof "Court of Appeals for the 
Federal Circuit": 
(1) Subsections (d) and (f) of section 516 of the Tariff Act of 
1930 (19 U.S.C. 1516 (d) and (f)). 
(2) Section 516A (c) and (e) of the Tariff Act of 1930 (19 
U.S.C. 1516a (c) and (e)). 
(3) Section 528 of the Tariff Act of 1930 (19 U.S.C. 1528). 
(4) Section 337(c) of the Tariff Act of 1930 (19 U.S.C. 1337(c)). 
(5) Section 284(c) of the Trade Act of 1974 (19 U.S.C. 2395(c)). 
(6) Section 308(9) of the Ethics in Government Act (28 U.S.C. 
App.). 
(7) Sections 141 through 146 of title 35, United States Code. 
(b)(1) The item relating to section 141 in the section analysis of 
chapter 13 of title 35, United States Code, is amended by striking 35 use 141 
out "Court of Customs and Patent Appeals" and inserting in lieu ^
* *^9-
thereof "Court of Appeals for the Federal Circuit". 
96 STAT. 50 
PUBLIC LAW 97-164—APR. 2, 1982 
(2) The section heading of section 141 of title 35, United States 
Code, is amended by striking out "Court of Customs and Patent 
Appeals" and inserting in lieu thereof "Court of Appeals for the 
Federal Circuit". 
CONFORMING AMENDMENTS 
SEC. 164. The following provisions of law are amended by striking 
out "the United States Court of Claims, the United States Court of 
Customs and Patent Appeals" each place it appears and inserting 
in lieu thereof "the United States Claims Court': 
(1) Section 6001(4) of title 18, United States Code. 
(2) Section 906 of title 44, United States Code. 
PART C—MISCELLANEOUS PROVISIONS 
CONTINUED SERVICE OF CURRENT JUDGES 
28 use 44 note. 
SEC. 165. The judges of the United States Court of Claims and of 
the United States Court of Customs and Patent Appeals in regular 
active service on the effective date of this Act shall continue in 
office as judges of the United States Court of Appeals for the Fed-
eral Circuit. Senior judges of the United States Court of Claims and 
of the United States Court of Customs and Patent Appeals on the 
effective date of this Act shall continue in office as senior judges of 
the United States Court of Appeals for the Federal Circuit. 
28 u s e 45 note. 
Post, p. 51. 
APPOINTMENT OF CHIEF JUDGE OF COURT OF APPEALS FOR THE 
FEDERAL CIRCUIT 
SEC. 166. Notwithstanding the provisions of section 45(a) of title 
28, United States Code, the first chief judge of the United States 
Court of Appeals for the Federal Circuit shall be the Chief Judge of 
the United States Court of Claims or the Chief Judge of the United 
States Court of Customs and Patent Appeals, whoever has served 
longer as chief judge of his court. Notwithstanding section 45 of 
title 28, United States Code, whichever of the two chief judges does 
not become the first chief judge of the United States Court of 
Appeals for the Federal Circuit under the preceding sentence shall, 
while in active service, have precedence and be deemed senior in 
commission over all the circuit judges of the United States Court of 
Appeals for the Federal Circuit (other than the first chief judge of 
that circuit). When the person who first serves as chief judge of the 
United States Court of Appeals for the Federal Circuit vacates that 
position, the position shall be filled in accordance with section 45(a) 
of title 28, United States Code, as modified by the preceding sen-
tence of this section. 
Judge, 
U.S. Claims 
Court. 
28 u s e 171 note. 
Term of 
office. 
COURT OF CLAIMS COMMISSIONERS 
SEC. 167. (a) Notwithstanding the provisions of section 171(a) of 
title 28, United States Code, as amended by this Act, a commis-
sioner of the United States Court of Claims serving immediately 
prior to the effective date of this Act shall become a judge of the 
United States Claims Court on the effective date of this Act. 
(b) Notwithstanding the provisions of section 172(a) of title 28, 
United States Code, as amended by this Act, the initial term of 
office of a person who becomes a judge of the United States Claims 
PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 51 
Court under subsection (a) of this section shall expire fifteen years Salary. 
after the date of his or her employment with the United States 
Court of Claims, or on October 1, 1986, whichever occurs earlier. 
Any such judge shall continue in office until a successor is sworn 
or until reappointed. No such individual shall serve as a judge 
after reaching the age of seventy years. 
(c) Notwithstanding the provisions of section 172(b) of title 28, 
United States Code, as amended by this Act, until such time as a 
change in the salary rate of a judge of the United States Claims 
Court occurs in accordance with such section 172(b), the salary of 
such judge shall be equal to the salary of a Commissioner of the 
Court of Claims. 
APPOINTMENT OF JUDGES BY THE PRESIDENT 
SEC. 168. The Congress— 
(1) takes notice of the fact that the quality of the Federal 
judiciary is determined by the competence and experience of 
its judges; and 
(2) suggests that the President, in nominating individuals to 
judgeships on the United States Court of Appeals for the Fed-
eral Circuit and the United States Claims Court, select from a 
broad range of qualified individuals. 
28 u s e 44 note. 
TENNESSEE VALLEY AUTHORITY LEGAL REPRESENTATION 
SEC. 169. Nothing in this Act affects the authority of the Tennes- 28 use 171 note, 
see Valley Authority under the Tennessee Valley Authority Act of 
1933 to represent itself by attorneys of its choosing. 
1
6 use 831. 
TITLE II—GOVERNANCE AND ADMINISTRATION OF THE 
FEDERAL COURTS 
PART A—CHIEF JUDGE TENURE 
APPOINTMENT AND TERMS OF CHIEF JUDGES OF THE COURTS OF 
APPEALS 
SEC. 201. (a) Section 45 of title 28, United States Code, is 
amended by amending subsection (a) to read as follows: 
"(a)(1) The chief judge of the circuit shall be the circuit judge in 
regular active service who is senior in commission of those judges 
who— 
"(A) are sixty-four years of age or under; 
"(B) have served for one year or more as a circuit judge; and 
"(C) have not served previously as chief judge. 
"(2)(A) In any case in which no circuit judge meets the qualifica-
tions of paragraph (1), the youngest circuit judge in regular active 
service who is sixty-five years of age or over and who has served as 
circuit judge for one year or more shall act as the chief judge. 
"(B) In any case under subparagraph (A) in which there is no cir-
cuit judge in regular active service who has served as a circuit 
judge for one year or more, the circuit judge in regular active serv-
ice who is senior in commission and who has not served previously 
as chief judge shall act as the chief judge. 
"(3)(A) Except as provided in subparagraph (C), the chief judge of 
the circuit appointed under paragraph (1) shall serve for a term of 
96 STAT. 52 
PUBLIC LAW 97-164—APR. 2, 1982 
seven years and shall serve after expiration of such term until 
another judge is eligible under paragraph (1) to serve as chief judge 
of the circuit. 
"(B) Except as provided in subparagraph (C), a circuit judge 
acting as cmef judge under subparagraph (A) or (B) of paragraph 
(2) shall serve until a judge has been appointed who meets the 
qualifications under paragraph (1). 
"(C) No circuit judge may serve or act as chief judge of the cir-
cuit after attaining the age of seventy years unless no other circuit 
judge is qualified to serve as chief judge of the circuit under para-
graph (1) or is qualified to act as chief judge under paragraph (2).". 
(b) Section 45 of title 28, United States Code, is amended by 
eunending subsection (c) to read as follows: 
"(c) If the chief judge desires to be relieved of his duties as chief 
judge while retaining his active status as circuit judge, he may so 
certify to the Chief Justice of the United States, and thereafter the 
chief judge of the circuit shall be such other circuit judge who is 
qualified to serve or act as chief judge under subsection (a).". 
APPOINTMENT AND TERMS OF CHIEF JUDGES OF THE DISTRICT COURTS 
SEC. 202. (a) Section 136 of title 28, United States Code, is 
amended by amending subsection (a) to read as follows: 
"(a)(1) In any district having more than one district judge, the 
chief judge of the district shall be the district judge in regular 
active service who is senior in commission of those judges who— 
"(A) are sixty-four years of age or under; 
"(B) have served for one year or more as a district judge; and 
"(C) have not served previously as chief judge. 
"(2)(A) In any case in which no district judge meets the qualifica-
tions of paragraph (1), the youngest district judge in regular active 
service who is sixty-five years of age or over and who has served as 
district judge for one year or more shall act as the chief judge, 
"(B) In any case under subparagraph (A) in which there is no dis-
trict judge in regular active service who has served as a district 
judge for one year or more, the district judge in regular active serv-
ice who is senior in commission and who has not served previously 
as chief judge shall act as the chief judge. 
"(3)(A) Except as provided in subparagraph (C), the chief judge of 
the district appointed under paragraph (1) shall serve for a term of 
seven years and shall serve after expiration of such term until 
another judge is eligible under paragraph (1) to serve as chief judge 
of the district. 
"(B) Except as provided in subparagraph (C), a district judge 
acting as chief judge under subparagraph (A) or (B) of paragraph 
(2) shall serve until a judge has been appointed who meets the 
qualifications under paragraph (1). 
"(C) No district judge may serve or act as chief judge of the dis-
trict after attaining the age of seventy years unless no other dis-
trict judge is qualified to serve as chief judge of the district under 
paragraph (1) or is qualified to act as chief judge under paragraph 
(2).". 
(b) Section 136 of title 28, United States Code, is amended by 
amending subsection (d) to read as follows: 
"(d) If the chief judge desires to be relieved of his duties as chief 
judge while retaining his active status as district judge, he may so 
certify to the Chief Justice of the United States, and thereafter, the 
PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 53 
chief judge of the district shall be such other district judge who is 
qualified to serve or act as chief judge under subsection (a).". 
EFFECTIVE DATE; APPLICABIUTY 
SEC. 203. (a) The amendments to section 45 of title 28, United 28 use 45 note. 
States Code, and to section 136 of such title, made by sections 201 
and 202 of this Act, shall not apply to or affect any person serving 
as chief judge on the effective date of this Act. 
(b) The provisions of section 45(a) of title 28, United States Code, Ante, p. 51. 
as in effect on the day before the effective date of this Act, shall 
apply to the chief judge of a circuit serving on such effective date. 
The provisions of section 136(a) of title 28, United States Code, as Ante, p. 52. 
in effect on the day before the effective date of this part, shall 
apply to the chief judge of a district court serving on such effective 
date. 
PART B—PRECEDENCE AND COMPOSITION OF PANEL 
PRECEDENCE ON PANEL 
SEC. 204. Section 45(b) of title 28, United States Code, is amended 
by inserting "of the court in regular active service" immediately 
after "circuit judges" in the second sentence. 
COMPOSITION OF PANEL; REQUIREMENTS AND SIZE 
SEC. 205. Section 46(c) of title 28, United States Code, is amended 
by striking out the period at the end of the second sentence and 
inserting in lieu thereof the following: ", or such number of judges 
as may be prescribed in accordance with section 6 of Public Law 
95-486 (92 Stat. 1633), except that any senior circuit judge of the 
circuit shall be eligible to participate, at his election and upon des-
ignation and assignment pursuant to section 294(c) of this title and 
the rules of the circuit, as a member of an in banc court reviewing 
a decision of a panel of which such judge was a member.". 
PART C—JUDICIAL COUNCILS OF THE CIRCUITS 
TECHNICAL AND CONFORMING AMENDMENTS 
SEC. 206. (a) Section 3006A(h)(2)(A) of title 18, United States Code, 
is amended— 
(1) by striking out "judicial council" each place it appears 
and inserting in lieu thereof "court of appeals"; and 
(2) by striking out "Judicial Council of the Circuit" and 
inserting in lieu thereof "court of appeals of the circuit". 
(b) Section 3006A(i) of title 18, United States Code, is amended by 
striking "judicial council" and inserting in lieu thereof "court of 
appeals". 
(c) The amendment made by subsection (a) of this section shall 
not affect the terms of existing appointments. 
18 use 3006A 
note. 
96 STAT. 54 
PUBLIC LAW 97-164—APR. 2, 1982 
PART D—-JUDICIAL RESIGNATION; PENSIONS 
PENSIONS OP JUDGES WHO RESIGN TO ACCEPT EXECUTIVE POSITIONS 
SEC. 207. (a) Section 8332(b) of title 5, United States Code, is 
amended by striking out "and" at the end of paragraph (10), by 
striking out the period at the end of paragraph (11) and inserting 
in lieu thereof "; and", and by inserting at the end thereof the fol-
lowing new paragraph: 
"(12) service as a justice or judge of the United States, as 
defined by section 451 of title 28, and service as a judge of a 
court created by Act of Congress in a territory which is 
invested with any jurisdiction of a district court of the United 
States, but no credit shall be allowed for such service if the 
employee is entitled to a salary or an annuity under section 371, 
372, or 373 of title 28.". 
0>) Section 8334 of title 5, United States Code, is amended by 
inserting at the end thereof the following new subsection: 
"(i)(l) The Director of the Administrative Office of the United 
States Courts shall pay to the Fund the amount which an employee 
may deposit under subsection (c) of this section for service credit-
able under section 8332(b)(12) of this title if such creditable service 
immediately precedes service as an employee subject to this sub-
chapter with a break in service of no more than ninety working 
days. The Director shall pay such amount from any appropriation 
available to him as a necessary expense of the appropriation 
concerned. 
"(2) The amount the Director pays in accordance with paragraph 
(1) of this subsection shall be reduced by the amount of any refund 
to the employee under section 376 of title 28. Except to the extent 
of such reduction, the amount the Director pays to the Fund shall 
satisfy the deposit requirement of subsection (c) of this section. 
"(3) Notwithstanding any other provision of law, the amount the 
Director pays under this subsection shall constitute an employer 
contribution to the Fund, excludable under section 402 of the Inter-
26 use 402. 
nal Revenue Code of 1954 from the employee's gross income until 
such time as the contribution is distributed or made available to 
the employee, and shall not be subject to refund or to lump-sum 
payment to the employee.". 
PART E—RULES OF PRACTICE 
PUBLICATION OF RULES 
SEC. 208. (a) Chapter 131 of title 28, the United States Code, is 
amended by adding at the end thereof the following new section: 
28 use 2077. 
"§ 2077. Publication of rules; advisory committees 
"(a) The rules for the conduct of the business of each court of 
appeals, including the operating procedures of such court, shall be 
published. Each court of appeals shall print or cause to be printed 
necessary copies of the rules. The Judicial Conference shall pre-
scribe the fees for sales of copies under section 1913 of this title, 
but the Judicial Conference may provide for free distribution of 
copies to members of the bar of each court and to other interested 
persons. 
PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 55 
"(b) Each court of appeals shall appoint an advisory committee 
for the study of the rules of practice and internal operating proce-
dures of the court of appeals. The advisory committee shall make 
recommendations to the court concerning such rules and proce-
dures. Members of the committee shall serve without compensa-
tion, but the Director may pay travel and transportation expenses 
in accordance with section 5703 of title 5.". 
(b) The section analysis of chapter 131 of title 28, United States 
Ck)de, is amended by adding at the end thereof the following new 
item: 
"2077. Publication of rules; advisory committees.". 
TITLE m-JURISDICTION AND PROCEDURE 
PART A—TRANSFER OF CASES 
TRANSFER TO CURE WANT OF JURISDICTION 
SEC. 301. (a) Title 28, United States Code, is amended by adding 
the following new chapter after chapter 97: 
"CHAPTER 99.-GENERAL PROVISIONS 
"Sec. 
"1631. Transfer to cure want of jurisdiction. 
*'§ 1631. Transfer to cure want of jurisdiction 
28 use I63i. 
"Whenever a civil action is filed in a court as defined in section 
610 of this title or an appeal, including a petition for review of 
administrative action, is noticed for or filed with such a court and 
that court finds that there is a want of jurisdiction, the court shall, 
if it is in the interest of justice, transfer such action or appeal to 
any other such court in which the action or appeal could have been 
brought at the time it was filed or noticed, and the action or appeal 
shall proceed as if it had been filed in or noticed for the court to 
which it is transferred on the date upon which it was actually filed 
in or noticed for the court from which it is transferred.". 
(b) The chapter analysis of part IV of title 28, United States 
Code, is amended by adding at the end thereof the following: 
"99. General Provisions 
1631". 
PART B—INTEREST 
INTEREST ON JUDGMENTS 
SEC. 302. (a) Section 1961 of title 28, United States Code, is 
amended— 
(1) by inserting "(a)" immediately before "Interest shall" in 
the first sentence; 
(2) by striking out "at the rate allowed by State law" in the 
last sentence and inserting in lieu thereof the following: "at a 
rate equal to the coupon issue yield equivalent (as determined 
by the Secretary of the Treasury) of the average accepted auc-
tion price for the last auction of fifty-two week United States 
Treasury bills settled immediately prior to the date of the judg-
ment. The Director of the Administrative Office of the United 
97-200 O—84—pt. 1 
4 : QL3 
96 STAT. 56 
PUBLIC LAW 97-164—APR. 2, 1982 
States Courts shall distribute notice of that rate and any 
changes in it to all Federal judges"; and 
(3) by adding at the end thereof the following new subsec-
tions: 
"(b) Interest shall be computed daily to the date of payment 
except as provided in section 2516(b) of title 28, United States Code, 
and section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a), and 
shall be compounded annually. 
"(c)(1) This section shall not apply in any judgment of any court 
with respect to any internal revenue tax case. Interest shall be 
allowed in such cases at a rate established under section 6621 of 
26 use 6621. 
the Internal Revenue Code of 1954. 
"(2) Except as otherwise provided in paragraph (1) of this subsec-
tion, interest shall be allowed on all final judgments against the 
United States in the United States Court of Appeals for the 
Federal circuit, at the rate provided in subsection (a) and as pro-
vided in subsection (b). 
"(3) Interest shall be allowed, computed, and paid on judgments 
of the United States Claims Court only as provided in paragraph 
(1) of this subsection or in any other provision of law. 
"(4) This section shall not be construed to affect the interest on 
any judgment of any court not specified in this section.". 
(b) Section 2411 of title 28, United States Code, is amended— 
(1) in subsection (a) by striking out "(a)"; and 
(2) by repealing subsection (b). 
(c) Section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a), is 
amended by striking out "to which the provisions of section 2411(b) 
of Title 28 apply". 
(d) Section 2516(b) of title 28, United States Code, is amended by 
striking out "at the rate of four percent per annum" and all that 
follows through "affirmance" and inserting in lieu thereof ", from 
the date of the filing of the transcript of the judgment in the 
General Accounting Office to the date of the mandate of the 
affirmance, at a rate of interest equal to the coupon issue yield 
equivalent (as determined by the Secretary of the Treasury) of the 
average accepted auction price for the last auction of fifty-two 
week United States Treasury bills settled immediately prior to the 
date of the judgment". 
TITLE IV—MISCELLANEOUS PROVISIONS 
Recording 
methods. 
DISTRICT COURT REPORTERS 
SEC. 401. (a) Section 753(b) of title 28, United States Code, shall 
be amended to read as follows: 
"(b) Each session of the court and every other proceeding desig-
nated by rule or order of the court or by one of the judges shall be 
recorded verbatim by shorthand, mechanical means, electronic 
sound recording, or any other method, subject to regulations pro-
mulgated by the Judicial Conference and subject to the discretion 
and approval of the judge. The regulations promulgated pursuant 
to the preceding sentence shall prescribe the types of electronic 
sound recording or other means which may be used. Proceedings to 
be recorded under this section include (1) all proceedings in crimi-
nal cases had in open court; (2) all proceedings in other cases had 
in open court unless the parties with the approval of the judge 
shall agree specifically to the contrary; and (3) such other proceed-
PUBLIC LAW 97-164—APR. 2, 1982 
96 STAT. 57 
ings as a judge of the court may direct or as may be required by 
rule or order of court as may be requested by any party to the 
proceeding. 
"The reporter or other individual designated to produce the 
record shall attach his official certificate to the original shorthand 
notes or other original records so taken and promptly file them 
with the clerk who shall preserve them in the public records of the 
court for not less than ten years. 
"The reporter or other individual designated to produce the 
record shall transcribe and certify such parts of the record of pro-
ceedings as may be required by any rule or order of court, includ-
ing all arraignments, pleas, and proceedings in connection with the 
imposition of sentence in criminal cases unless they have been 
recorded by electronic sound recording as provided in this subsec-
tion and the original records so taken have been certified by him 
and filed with the clerk as provided in this subsection. He shall 
also transcribe and certify such other parts of the record of pro-
ceedings as may be required by rule or order of court. Upon the 
request of any party to any proceeding which has been so recorded 
who has agreed to pay the fee therefor, or of a judge of the court, 
the reporter or other individual designated to produce the record 
shall promptly transcribe the original records of the requested 
parts of the proceedings and attach to the transcript his official 
certificate, and deliver the same to the party or judge making the 
request. 
"The reporter or other designated individual shall promptly 
deliver to the clerk for the records of the court a certified copy of 
any transcript so made. 
"The transcript in any case certified by the reporter or other 
individual designated to produce the record shall be deemed prima 
facie a correct statement of the testimony taken and proceedings 
had. No transcripts of the proceedings of the court shall be consid-
ered as official except those made from the records certified by the 
reporter or other individual designated to produce the record. 
"The original notes or other original records and the copy of the 
transcript in the office of the clerk shall be open during office 
hours to inspection by any person without charge.". 
(b) The regulations promulgated by the Judicial Conference pur-
suant to subsection (b) of section 753 of title 28, as amended by sub-
section (a) of this section, shall not take effect before one year after 
the effective date of this Act. During the one-year period after the 
date of the enactment of this Act, the Judicial Conference shall 
experiment with the different methods of recording court proceed-
ings. Prior to the effective date of such regulations, the law and 
regulations in effect the day before the date of enactment of this 
Act shall remain in full force and effect. 
Record 
preservation. 
Transcripts. 
Records, 
inspection 
availability. 
Regulations, 
effective date. 
28 u s e 753 note. 
EFFECTIVE DATE 
SEC. 402. Unless otherwise specified, the provisions of this Act 28 USC171 note, 
shall take effect on October 1, 1982. 
EFFECT ON PENDING CASES 
SEC. 403. (a) Any case pending before the Court of Claims on the 28 USC 171 note, 
effective date of this Act in which a report on the merits has been 
filed by a commissioner, or in which there is pending a request for 
96 STAT. 58 
PUBLIC LAW 97-164—APR. 2, 1982 
review, and upon which the court has not acted, shall be trans-
ferred to the United States Court of Appeals for the Federal 
Circuit. 
(b) Any matter pending before the United States Court of Cus-
toms and Patent Appeals on the effective date of this Act shall be 
transferred to the United States Court of Appeals for the Federal 
Circuit. 
(c) Any petition for rehearing, reconsideration, alteration, modifi-
cation, or other change in any decision of the United States Court 
of Claims or the United States Court of Customs and Patent 
Appeals rendered prior to the effective date of this Act that has 
not been determined by either of those courts on that date, or that 
is tiled after that date, shall be determined by the United States 
Court of Appeals for the Federal Circuit. 
(d) Any matter pending before a commissioner of the United 
States Court of Claims on the effective date of this Act, or any 
pending dispositive motion that the United States Court of Claims 
has not determined on that date, shall be determined by the 
United States Claims Court. 
(e) Any case in which a notice of appeal has been filed in a dis-
trict court of the United States prior to the effective date of this 
Act shall be decided by the court of appeals to which the appeal 
was taken. 
Approved April 2, 1982. 
LEGISLATIVE HISTORY—H.R. 4482 (S. 1700): 
HOUSE REPORT No. 97-312 (Comm. on the Judiciary). 
SENATE REPORT No. 97-275 accompanying S. 1700 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 127 (1981): Nov. 17, 18, considered and passed House. 
Dec. 8, S. 1700 considered and passed Senate; proceedings 
vacated and H.R. 4482, amended, passed in lieu. 
Vol. 128 (1982): Mar. 9, House concurred in Senate amendment, with an 
amendment. 
Mar. 22, Senate concurred in House amendment.