[Congressional Record Volume 140, Number 98 (Monday, July 25, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 25, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. HEFLIN:
  S. 2314. A bill to make administrative and jurisdictional amendments 
pertaining to the U.S. Court of Federal Claims and the judges thereof 
in order to promote efficiency and fairness, and for other purposes; to 
the Committee on the Judiciary.


               court of federal claims administration act

  Mr. HEFLIN. Mr. President, I rise today to introduce legislation to 
amend title 28 of the U.S. Code to improve the Federal claims 
litigation process before the U.S. Court of Federal Claims and to 
assist the court in providing complete justice in cases that come 
before it. This legislation will also insure fair treatment for the 
regular and senior judges of the court by providing certain benefits 
equivalent to those available to other Federal trial judges. Enactment 
of this bill will provide the citizens of the United States with a more 
fair and complete remedy and the United States with a more effective 
forum for the resolution of claims against the Government.
  The Court of Federal Claims is the Nation's primary forum for 
monetary claims against the Federal Government. The court has 
jurisdiction to entertain suits for money against the United States 
that are founded upon the Constitution, an act of Congress, an 
Executive order, a regulation of an executive department, or contract 
with the United States and that do not sound in tort. The court hears 
major patent cases, Government contract suits, tax refunded suits, 
fifth amendment contract suits, tax refund suits, fifth amendment 
takings cases and Indian claims, among other types of lawsuits. This 
national court and its judges hear cases in every State and territory 
of the United States for the convenience of the litigants, the 
witnesses, and the Government. This benefits our judicial system and 
Nation by making the promise of fair dealing a reality.
  The legislation that I am introducing today will make administrative 
and jurisdictional changes with the result that the court's resources 
are preserved and utilized to the maximum extent and the jurisdiction 
of the court is clarified for the benefit of all. The ultimate result 
will be a more user-friendly forum which gets to the merits of 
controversies faster. In a moment, I will comment on all of the various 
sections of the bill, but first I would like to take this opportunity 
to comment on the need for the jurisdictional provisions of the bill.
  A potential litigant should be able to examine chapter 91 of title 
28, United States Code, which commences with the Tucker Act, section 
1491, and to determine whether the court has jurisdiction of his claim 
and what relief is available. Of course, there are miscellaneous other 
provisions extending jurisdiction to the Court of Federal Claims, e.g., 
28 U.S.C. Section 1346 (a)(1), tax refund suits; 42 U.S.C. Section 
300aa-11, vaccine-injury compensation cases; and 50 U.S.C. app. Section 
1989b-4(h), Japanese internment compensation appeals.

  Chapter 91 of title 28 should be sufficiently clear so that even 
lawyers throughout the country, who rarely handle claims against the 
Government, could consult the Code and find reliable answers. 
Regrettably, this is not the current situation. Instead, a typical 
claimant is met with the barrage of assertions that the court lacks 
jurisdiction to address the claim and or lacks power to award relief 
requested even in those cases where jurisdiction is conceded.
  The amendments proposed in section 8 of the bill, together with 
repeal of U.S.C. Section 1500, which I have introduced separately as S. 
1355, will result in clarity that will make access to the courts less 
costly by permitting the court to get to the real merits of the cases, 
rather than waste resources dealing with preliminary and peripheral 
issues, and these changes will result in real civil justice reform.
  Further, in cases which constitute review of administrative agency 
action, the potential litigant should be able to know with absolute 
certainty what standard of review will be applied. In the proposed 
bill, the standard of review in the Administrative Procedure Act of 
1946 will be made explicitly applicable. Although one would naturally 
assume from the face of 5 U.S.C. Section 706 that these standards 
already apply in the Court of Federal Claims, there is some doubt and 
confusion over precisely which standards apply and the source of such 
standards. The proposed bill will end this confusion so that potential 
and actual litigants can know, with certainty, which standards will 
apply and where to find them.
  No legitimate interests are served by having the parties guess and 
litigate about the extent of the court's jurisdiction and powers or 
over the standard of review applicable in agency-review cases. 
Enactment of this bill will end such waste and keep everyone's focus on 
the merits of a given case and effective steps toward resolution of 
controversy. It will instill confidence that in the Court of Federal 
Claims, and every litigant, including the Government, will receive 
prompt and efficient justice.
  Let me provide a brief summary of my bill:
  Section 1 states that this act shall be cited as the ``Court of 
Federal Claims Administration Act.''
  Section 2 will provide that in the event a judge is not reappointed, 
the Judge will nonetheless remain in regular active status until his or 
her successor is appointed and takes office, thus insuring that the 
court will always have a full complement of regular active judges.

  Section 3 will provide that judges of the Court of Federal Claims 
shall have authority to serve on the territorial courts when, and only 
when, their services are needed and are requested by, or on behalf, of 
such courts.
  Section 4 will simply clarify what is already assumed by all 
concerning the official duty station of retired judges on senior 
status. It will provide that the place where a retired judge of the 
Court of Federal Claims maintains his or her actual residence shall be 
deemed to be his or her official duty station. This is consistent with 
current provision applicable to other Federal trial courts.
  Section 5 will provide for Court of Federal Claims membership on the 
Judicial Conference of the United States. Currently, there is no Court 
of Federal Claims representation on the Judicial Conference, even 
though the court is within the jurisdiction of the conference and 
derives its funding and administrative support from the administrative 
office of the United States courts which in turn operates under the 
supervision and direction of the Judicial Conference.
  Section 6 will provide that the chief judge of the Court of Federal 
Claims may call periodic judicial conferences, which will include 
active participation of the bar, to consider the business of the court 
and improvements in the administration of justice in the court. This 
will make explicit the authority which has traditionally been assumed 
and exercised by the court in conducting its business.
  Section 7 will amend section 797 of title 28 to provide that the 
chief judge of the Court of Federal Claims is authorized to recall a 
formerly disabled judge who retires under the disability provisions of 
court's judicial retirement system if there is adequate demonstration 
of recovery from disability. This provision will match one currently 
applicable to formerly disabled judges of other Federal courts and will 
insure maximum use of all available resources to deal with the court's 
caseload.
  Section 8 makes several modifications to statutory provisions 
pertaining to Court of Federal Claims jurisdiction in order to save 
recurring litigation regarding where claims should be filed, to define 
what judicial powers the court may exercise, and to specify what 
standards of review will apply in certain cases. Together, these 
changes will save untold resources of litigants and the court will make 
the court a more efficient forum for lawyers and parties to litigate 
their monetary claims against the Government.

  In addition, this section would extend to the court ancillary 
jurisdiction under the Federal Tort Claim Act when such a claim is 
directly related to one otherwise plainly within the subject-matter 
jurisdiction of the court. This will avoid wasteful and duplicative 
litigation by authorizing the Federal Claims Court to address and 
dispose of the entire controversy in cases within its jurisdiction when 
a related claim, although sounding in tort, may firmly be deemed to 
arise from the same operative facts as the primary claim within the 
court's jurisdiction.
  Section 9 will insure that Court of Federal Claims judges over age 65 
who are on senior status will receive the same treatment as other 
Federal trial judges on senior status insofar as Social Security taxes 
and payments are concerned.
  Section 10 amends title 28 to clarify that the judges of the Court of 
Federal Claims are judicial officers eligible for coverage under 
annuity, insurance, and other programs available under title 5 of the 
United States Code and will extend to those judges the opportunity to 
continue Federal life insurance coverage after retirement in the same 
manner as all other Federal trial judges in the judicial branch.
  In summary, this bill will make the Court of Federal Claims more 
efficient and productive, resulting in benefits to the litigating 
public, the Government, and the country as a whole. The U.S. Court of 
Federal Claims is an important part of the Federal court system. The 
creation of this court by the Congress responds to a very basic 
democratic imperative--fair dealing by the Government in disputes 
between the Government and the private citizen. As Abraham Lincoln 
noted:

       It is as much the duty of the Government to render prompt 
     justice against itself, in favor of citizens, as it is to 
     administer the same, between private individuals.

  These amendments will allow it to better comply with its mandate and 
assist it in providing improved service to litigants and to the entire 
country.
  I urge my colleagues to support this legislation.
  Mr. President, I request unanimous consent that the text of the bill 
be included in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Court of Federal Claims 
     Administration Act of 1994''.

     SEC. 2. EXTENDED SERVICE.

       Section 172(a) of title 28, United States Code, is amended 
     by adding at the end thereof the following new sentence: ``If 
     a judge is not reappointed, such judge may continue in office 
     until a successor is appointed and takes office.''.

     SEC. 3. SERVICE ON TERRITORIAL COURTS.

       Section 174 of title 28, United States Code, is amended by 
     adding at the end thereof the following new subsection:
       ``(c) Upon request by or on behalf of a territorial court 
     and with the concurrence of the chief judge of the Court of 
     Federal Claims and the chief judge of the judicial circuit 
     involved based upon a finding of need, judges of the Court of 
     Federal Claims shall have authority to conduct proceedings in 
     the district courts of territories to the same extent as duly 
     appointed judges of those courts.''.

     SEC. 4. RESIDENCE OF RETIRED JUDGES.

       Section 175 of title 28, United States Code, is amended by 
     adding at the end thereof the following new subsection:
       ``(c) Retired judges of the Court of Federal Claims are not 
     subject to restrictions as to residence. The place where a 
     retired judge maintains the actual abode in which such judge 
     customarily lives shall be deemed to be the judge's official 
     duty station for the purposes of section 456 of this 
     title.''.

     SEC. 5. JUDICIAL CONFERENCE PARTICIPATION.

       Section 331 of title 28, United States Code, is amended--
       (1) by inserting in the first sentence of the first 
     undesignated paragraph ``the chief judge of the United States 
     Court of Federal Claims,'' after ``Court of International 
     Trade,'';
       (2) by inserting in the first sentence of the third 
     undesignated paragraph ``the chief judge of the United States 
     Court of Federal Claims,'' after ``the chief judge of the 
     Court of International Trade,''; and
       (3) by inserting in the first sentence of the third 
     undesignated paragraph ``or United States Court of Federal 
     Claims,'' after ``any other judge of the Court of 
     International Trade,''.

     SEC. 6. COURT OF FEDERAL CLAIMS JUDICIAL CONFERENCE.

       (a) In General.--Chapter 15 of title 28, United States 
     Code, is amended by adding at the end thereof the following 
     new section:

     ``Sec. 336. Judicial Conference of the Court of Federal 
       Claims

       ``(a) The chief judge of the Court of Federal Claims is 
     authorized to summon annually the judges of such court to a 
     judicial conference, at a time and place that such chief 
     judge designates, for the purpose of considering the business 
     of such court and improvements in the administration of 
     justice in such court.
       ``(b) The Court of Federal Claims shall provide by its 
     rules or by general order for representation and active 
     participation at such conference by members of the bar.''.
       (b) Technical and Conforming Amendments.--The table of 
     sections of chapter 15 is amended by adding the following new 
     item:

``336. Judicial Conference of the Court of Federal Claims.''.

     SEC. 7. RECALL OF JUDGES ON DISABILITY STATUS.

       Section 797(a) of title 28, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(a)''; and
       (2) by adding at the end thereof the following new 
     paragraph:
       ``(2) Any judge of the Court of Federal Claims receiving an 
     annuity pursuant to section 178(c) of this title (relating to 
     disability) who, in the estimation of the chief judge, has 
     recovered sufficiently to render judicial service, shall be 
     known and designated as a senior judge and may perform duties 
     as a judge when recalled pursuant to subsection (b) of this 
     section.''.

     SEC. 8. JURISDICTION.

       Section 1491(a) of title 28, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) by inserting ``for monetary relief'' after ``any claim 
     against the United States''; and
       (B) by striking out ``or for liquidated or unliquidated 
     damages'';
       (2) in paragraph (2)--
       (A) by inserting ``(A) In any case within its jurisdiction, 
     the Court of Federal Claims shall have the power to grant 
     injunctive and declaratory relief when appropriate.'' after 
     ``(2)'';
       (B) by striking out the last sentence; and
       (C) by adding at the end thereof the following new 
     subparagraph:
       ``(B) The Court of Federal Claims shall have jurisdiction 
     to render judgment upon any claim by or against, or dispute 
     with, a contractor arising under section 10(a)(1) of the 
     Contract Disputes Act of 1978 (41 U.S.C. 609(a)(1)), 
     including a dispute concerning termination of a contract, 
     rights in tangible or intangible property, compliance with 
     cost accounting standards, and other nonmonetary disputes on 
     which a decision of the contracting officer has been issued 
     under section 6 of that Act (41 U.S.C. 605).''; and
       (3) by adding at the end thereof the following new 
     paragraphs:
       ``(4) In cases otherwise within its jurisdiction, the Court 
     of Federal Claims shall also have ancillary jurisdiction, 
     concurrent with the courts designated in section 1346(b) of 
     this title, to render judgment upon any related tort claim 
     authorized by section 2674 of this title.
       ``(5) In cases within the jurisdiction of the Court of 
     Federal Claims which constitute judicial review of agency 
     action, the provisions of section 706 of title 5 shall 
     apply.''.

     SEC. 9. SENIOR STATUS PROVISION.

       Section 178 of title 28, United States Code, is amended by 
     adding at the end thereof the following new subsection:
       ``(m) For the purposes of applying section 3121(i)(5) of 
     the Internal Revenue Code of 1986 and section 209(h) of the 
     Social Security act (42 U.S.C. 409(h)), the annuity of a 
     Court of Federal Claims judge on senior status after age 65 
     shall be deemed to be an amount paid under section 371(b) of 
     this title for performing services under the provisions of 
     section 294 of this title.''.

     SECTION 10. MISCELLANEOUS PROVISION.

       (a) In General.--Chapter 7 of title 28, United States Code, 
     is amended by adding after section 178 the following new 
     section:

     ``Sec. 179. Court of Federal Claims judges as officers of the 
       United States

       ``(a) For the purpose of supplying the provisions of title 
     5, a judge of the United States Court of Federal Claims shall 
     be deemed to be an ``officer'' as defined under section 
     2104(a) of title 5.
       ``(b) For the purpose of applying chapter 87 of title 5, a 
     judge of the United States Court of Federal Claims who is 
     retired under section 178 of this title shall be deemed to be 
     a judge of the United States as defined under section 
     8701(a)(5)(ii) of title 5.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 7 of title 28, United States Code, is 
     amended by adding at the end thereof the following new item:

``179. Court of Federal Claims judges as officers of the United 
              States.''.

     SEC. 11. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect on the date of the enactment of this Act.

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