
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC942]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
   SUBCHAPTER XII--UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
 
Sec. 942. Art. 142. Judges

    (a) Number.--The United States Court of Appeals for the Armed Forces 
consists of five judges.
    (b) Appointment; Qualification.--(1) Each judge of the court shall 
be appointed from civilian life by the President, by and with the advice 
and consent of the Senate, for a specified term determined under 
paragraph (2). A judge may serve as a senior judge as provided in 
subsection (e).
    (2) The term of a judge shall expire as follows:
        (A) In the case of a judge who is appointed after March 31 and 
    before October 1 of any year, the term shall expire on September 30 
    of the year in which the fifteenth anniversary of the appointment 
    occurs.
        (B) In the case of a judge who is appointed after September 30 
    of any year and before April 1 of the following year, the term shall 
    expire fifteen years after such September 30.

    (3) Not more than three of the judges of the court may be appointed 
from the same political party, and no person may be appointed to be a 
judge of the court unless the person is a member of the bar of a Federal 
court or the highest court of a State.
    (4) For purposes of appointment of judges to the court, a person 
retired from the armed forces after 20 or more years of active service 
(whether or not such person is on the retired list) shall not be 
considered to be in civilian life.
    (c) Removal.--Judges of the court may be removed from office by the 
President, upon notice and hearing, for--
        (1) neglect of duty;
        (2) misconduct; or
        (3) mental or physical disability.

A judge may not be removed by the President for any other cause.
    (d) Pay and Allowances.--Each judge of the court is entitled to the 
same salary and travel allowances as are, and from time to time may be, 
provided for judges of the United States Courts of Appeals.
    (e) Senior Judges.--(1)(A) A former judge of the court who is 
receiving retired pay or an annuity under section 945 of this title 
(article 145) or under subchapter III of chapter 83 or chapter 84 of 
title 5 shall be a senior judge. The chief judge of the court may call 
upon an individual who is a senior judge of the court under this 
subparagraph, with the consent of the senior judge, to perform judicial 
duties with the court--
        (i) during a period a judge of the court is unable to perform 
    his duties because of illness or other disability;
        (ii) during a period in which a position of judge of the court 
    is vacant; or
        (iii) in any case in which a judge of the court recuses himself.

    (B) If, at the time the term of a judge expires, no successor to 
that judge has been appointed, the chief judge of the court may call 
upon that judge (with that judge's consent) to continue to perform 
judicial duties with the court until the vacancy is filled. A judge who, 
upon the expiration of the judge's term, continues to perform judicial 
duties with the court without a break in service under this subparagraph 
shall be a senior judge while such service continues.
    (2) A senior judge shall be paid for each day on which he performs 
judicial duties with the court an amount equal to the daily equivalent 
of the annual rate of pay provided for a judge of the court. Such pay 
shall be in lieu of retired pay and in lieu of an annuity under section 
945 of this title (article 145), subchapter III of chapter 83 or 
subchapter II of chapter 84 of title 5, or any other retirement system 
for employees of the Federal Government.
    (3) A senior judge, while performing duties referred to in paragraph 
(1), shall be provided with such office space and staff assistance as 
the chief judge considers appropriate and shall be entitled to the per 
diem, travel allowances, and other allowances provided for judges of the 
court.
    (4) A senior judge shall be considered to be an officer or employee 
of the United States with respect to his status as a senior judge, but 
only during periods the senior judge is performing duties referred to in 
paragraph (1). For the purposes of section 205 of title 18, a senior 
judge shall be considered to be a special government employee during 
such periods. Any provision of law that prohibits or limits the 
political or business activities of an employee of the United States 
shall apply to a senior judge only during such periods.
    (5) The court shall prescribe rules for the use and conduct of 
senior judges of the court. The chief judge of the court shall transmit 
such rules, and any amendments to such rules, to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of the House 
of Representatives not later than 15 days after the issuance of such 
rules or amendments, as the case may be.
    (6) For purposes of subchapter III of chapter 83 of title 5 
(relating to the Civil Service Retirement and Disability System) and 
chapter 84 of such title (relating to the Federal Employees' Retirement 
System) and for purposes of any other Federal Government retirement 
system for employees of the Federal Government--
        (A) a period during which a senior judge performs duties 
    referred to in paragraph (1) shall not be considered creditable 
    service;
        (B) no amount shall be withheld from the pay of a senior judge 
    as a retirement contribution under section 8334, 8343, 8422, or 8432 
    of title 5 or under any other such retirement system for any period 
    during which the senior judge performs duties referred to in 
    paragraph (1);
        (C) no contribution shall be made by the Federal Government to 
    any retirement system with respect to a senior judge for any period 
    during which the senior judge performs duties referred to in 
    paragraph (1); and
        (D) a senior judge shall not be considered to be a reemployed 
    annuitant for any period during which the senior judge performs 
    duties referred to in paragraph (1).

    (f) Service of Article III Judges.--(1) The Chief Justice of the 
United States, upon the request of the chief judge of the court, may 
designate a judge of a United States court of appeals or of a United 
States district court to perform the duties of judge of the United 
States Court of Appeals for the Armed Forces--
        (A) during a period a judge of the court is unable to perform 
    his duties because of illness or other disability;
        (B) in any case in which a judge of the court recuses himself; 
    or
        (C) during a period when there is a vacancy on the court and in 
    the opinion of the chief judge of the court such a designation is 
    necessary for the proper dispatch of the business of the court.

    (2) The chief judge of the court may not request that a designation 
be made under paragraph (1) unless the chief judge has determined that 
no person is available to perform judicial duties with the court as a 
senior judge under subsection (e).
    (3) A designation under paragraph (1) may be made only with the 
consent of the designated judge and the concurrence of the chief judge 
of the court of appeals or district court concerned.
    (4) Per diem, travel allowances, and other allowances paid to the 
designated judge in connection with the performance of duties for the 
court shall be paid from funds available for the payment of per diem and 
such allowances for judges of the court.
    (g) Effect of Vacancy on Court.--A vacancy on the court does not 
impair the right of the remaining judges to exercise the powers of the 
court.

(Added Pub. L. 101-189, div. A, title XIII, Sec. 1301(c), Nov. 29, 1989, 
103 Stat. 1570; amended Pub. L. 101-510, div. A, title V, Sec. 541(f), 
Nov. 5, 1990, 104 Stat. 1565; Pub. L. 102-190, div. A, title X, 
Sec. 1061(b)(1)(A), (B), (2), Dec. 5, 1991, 105 Stat. 1474; Pub. L. 103-
337, div. A, title IX, Sec. 924(c)(1), Oct. 5, 1994, 108 Stat. 2831; 
Pub. L. 104-106, div. A, title XV, Sec. 1502(a)(2), Feb. 10, 1996, 110 
Stat. 502; Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 
113 Stat. 774.)


                               Amendments

    1999--Subsec. (e)(5). Pub. L. 106-65 substituted ``and the Committee 
on Armed Services'' for ``and the Committee on National Security''.
    1996--Subsec. (e)(5). Pub. L. 104-106 substituted ``Committee on 
Armed Services of the Senate and the Committee on National Security of 
the House of Representatives'' for ``Committees on Armed Services of the 
Senate and the House of Representatives''.
    1994--Subsecs. (a), (f)(1). Pub. L. 103-337 substituted ``Court of 
Appeals for the Armed Forces'' for ``Court of Military Appeals''.
    1991--Subsec. (e)(1). Pub. L. 102-190, Sec. 1061(b)(1)(A)(i)-(iv), 
designated existing provisions as subpar. (A), struck out ``(2)(A)'' 
before ``The chief judge'', moved sentence beginning ``The chief judge 
of the court'' to end of par. (1)(A), substituted ``an individual who is 
a senior judge of the court under this subparagraph'' for ``a senior 
judge of the court'', and added subpar. (B).
    Subsec. (e)(2). Pub. L. 102-190, Sec. 1061(b)(1)(A)(ii), (v), 
redesignated par. (2)(B) as (2) and incorporated former par. (2)(A) into 
par. (1)(A).
    Subsec. (e)(3), (4), (6). Pub. L. 102-190, Sec. 1061(b)(1)(B), 
substituted ``paragraph (1)'' for ``paragraph (2)'' wherever appearing.
    Subsec. (f)(1)(C). Pub. L. 102-190, Sec. 1061(b)(2)(A), added 
subpar. (C).
    Subsec. (f)(2) to (4). Pub. L. 102-190, Sec. 1061(b)(2)(B), (C), 
added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), 
respectively.
    1990--Subsec. (b)(1). Pub. L. 101-510, Sec. 541(f)(1), substituted 
``civilian life'' for ``civil life''.
    Subsec. (b)(4). Pub. L. 101-510, Sec. 541(f)(2), added par. (4).


                    Effective Date of 1991 Amendment

    Section 1061(b)(1)(D) of Pub. L. 102-190 provided that: ``The 
amendments made by this paragraph [amending this section and section 945 
of this title] shall take effect as of November 29, 1989.''


Effective Date for Repeal of Termination of Authority for Chief Justice 
 of United States To Designate Article III Judges for Temporary Service 
                on Court of Appeals for the Armed Forces

    Pub. L. 104-201, div. A, title X, Sec. 1074(c)(2), Sept. 23, 1996, 
110 Stat. 2660, provided that: ``The authority provided under section 
942(f) of title 10, United States Code, shall be effective as if section 
1142 of the National Defense Authorization Act for Fiscal Year 1996 
(Public Law 104-106; 110 Stat. 467) [repealing section 1301(i) of Pub. 
L. 101-189, set out below] had been enacted on September 29, 1995.''


                         Transitional Provisions

    Section 1301(d)-(i) of Pub. L. 101-189, as amended by Pub. L. 104-
106, div. A, title XI, Sec. 1142, Feb. 10, 1996, 110 Stat. 467; Pub. L. 
104-201, div. A, title X, Sec. 1068(c), Sept. 23, 1996, 110 Stat. 2655, 
provided that:
    ``(d) Transition From Three-Judge Court to Five-Judge Court.--(1) 
Effective during the period before October 1, 1990--
        ``(A) the number of members of the United States Court of 
    Military Appeals [now United States Court of Appeals for the Armed 
    Forces] shall (notwithstanding subsection (a) of section 942 of 
    title 10, United States Code, as enacted by subsection (c)) be 
    three; and
        ``(B) the maximum number of members of the court who may be 
    appointed from the same political party shall (notwithstanding 
    subsection (b)(3) of section 942) be two.
    ``(2) In the application of paragraph (2) of section 942(b) of title 
10, United States Code (as enacted by subsection (c)) to the judge who 
is first appointed to one of the two new positions of the court created 
as of October 1, 1990, as designated by the President at the time of 
appointment, the anniversary referred to in subparagraph (A) of that 
paragraph shall be treated as being the seventh anniversary and the 
number of years referred to in subparagraph (B) of that paragraph shall 
be treated as being seven.
    ``(e) Transition Rules Relating to Retirement of New Judges.--(1) 
Except as otherwise provided in paragraphs (2) and (3), a judge to whom 
subsection (d)(2) applies shall be eligible for an annuity as provided 
in section 945 of title 10, United States Code, as enacted by subsection 
(c).
    ``(2) The annuity of a judge referred to in paragraph (1) is 
computed under subsection (b) of such section 945 only if the judge--
        ``(A) completes the term of service for which he is first 
    appointed;
        ``(B) is reappointed as a judge of the United States Court of 
    Military Appeals [now United States Court of Appeals for the Armed 
    Forces] at any time after the completion of such term of service;
        ``(C) is separated from civilian service in the Federal 
    Government after completing a total of 15 years as a judge of such 
    court; and
        ``(D) elects to receive an annuity under such section in 
    accordance with subsection (a)(2) of such section.
    ``(3) In the case of a judge referred to in paragraph (1) who is 
separated from civilian service after completing the term of service for 
which he is first appointed as a judge of the United States Court of 
Military Appeals [now United States Court of Appeals for the Armed 
Forces] and before completing a total of 15 years as a judge of such 
court, the annuity of such judge (if elected in accordance with section 
945(a)(2) of title 10, United States Code) shall be \1/15\ of the amount 
computed under subsection (b) of such section times the number of years 
(including any fraction thereof) of such judge's service as a judge of 
the court.
    ``(f) Applicability of Amended Retirement Provisions.--Except as 
otherwise provided in subsections (c) and (d), section 945 of title 10, 
United States Code, as enacted by subsection (c), applies with respect 
to judges of the United States Court of Military Appeals [now United 
States Court of Appeals for the Armed Forces] whose terms of service on 
such court end after September 28, 1988, and to the survivors of such 
judges.
    ``(g) Terms of Current Judges.--Section 942(b) of title 10, United 
States Code, as enacted by subsection (c), shall not apply to the term 
of office of a judge of the United States Court of Military Appeals [now 
United States Court of Appeals for the Armed Forces] serving on such 
court on the date of the enactment of this Act [Nov. 29, 1989]. The term 
of office of such a judge shall expire on the later of (A) the date the 
term of such judge would have expired under section 867(a)(1) of title 
10, United States Code, as in effect on the day before such date of 
enactment, or (B) September 30 of the year in which the term of such 
judge would have expired under such section 867(a)(1).
    ``(h) Civil Service Status of Current Employees.--Section 943(c) of 
title 10, United States Code, as enacted by subsection (c), shall not be 
applied to change the civil service status of any attorney who is an 
employee of the United States Court of Military Appeals [now United 
States Court of Appeals for the Armed Forces] on the day before the date 
of the enactment of this Act [Nov. 29, 1989].''

                  Section Referred to in Other Sections

    This section is referred to in section 945 of this title; title 5 
section 8337.
