§ 791. — Clerk.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC791]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 51--UNITED STATES COURT OF FEDERAL CLAIMS
Sec. 791. Clerk
(a) The United States Court of Federal Claims 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) The clerk shall pay into the Treasury all fees, costs and other
moneys collected by him. He shall make returns thereof to the Director
of the Administrative Office of the United States Courts under
regulations prescribed by him.
(c) On the first day of every regular session of Congress, the clerk
shall transmit to Congress a full and complete statement of all the
judgments rendered by the court during the previous year, showing the
dates and amounts thereof and the parties in whose favor they were
rendered, together with a brief synopsis of the nature of the claims
upon which they were rendered, and a statement of the costs taxed in
each case.
(June 25, 1948, ch. 646, 62 Stat. 923; Pub. L. 97-164, title I,
Sec. 121(a), Apr. 2, 1982, 96 Stat. 34; Pub. L. 102-572, title IX,
Sec. 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 244, 248, 283a and 289
(Mar. 3, 1911, ch. 231, Secs. 139, 143, 183, 36 Stat. 1136, 1142; June
10, 1921, ch. 18, Secs. 301, 302, 310, 42 Stat. 23, 25, Mar. 3, 1933,
ch. 212, title II, Sec. 19, 47 Stat. 1519; May 10, 1934, ch. 277,
Sec. 512(b), 48 Stat. 759).
This section consolidates a part of sections 244 and 248 with
sections 283a and 289, all of title 28, U.S.C., 1940 ed.
Provisions in section 248 of title 28, U.S.C., 1940 ed., for
distribution by the clerk of copies of the court's decisions is
incorporated in section 415 of this title.
Certain provisions of section 244 of title 28, U.S.C., 1940 ed.,
relating to the bailiff and the chief messenger of the Court of Claims,
and powers and duties of the clerk, his deputies and assistants, are
incorporated in sections 795 and 956 of this title.
A provision in section 244 of title 28, U.S.C., 1940 ed., relating
to the oath of the clerk of such court was omitted as covered by section
951 of this title.
Word ``clerk'' was substituted for ``chief clerk'' to harmonize with
such designation of clerks of all other courts.
Provision that such officers shall be under the direction of the
court in the performance of their duties was omitted as superfluous.
Provision in section 244 of title 28, U.S.C., 1940 ed., that the
clerk and assistant shall be subject to removal by the Court was
substituted for the grounds of misconduct or incapacity. This change is
in harmony with like provisions as to the clerks of other courts.
Section 289 of title 28, U.S.C., 1940 ed., required the Attorney
General to duplicate the reporting to Congress of judgments which are
furnished by the clerk. The revised section eliminates such duplication
by requiring the clerk to transmit the information to Congress.
Words ``Director of the Administrative Office of the United States
Courts'' were substituted for ``Attorney General,'' in view of the act
of August 7, 1939, ch. 501, Sec. 6, 53 Stat. 1226, 28 U.S.C., 1940 ed.,
following Sec. 446.
As revised, this section is consistent with similar provisions as to
clerks of district courts and the courts of appeals in chapters 47 and
49 of this title.
Changes in phraseology were made.
Amendments
1992--Subsec. (a). Pub. L. 102-572 substituted ``United States Court
of Federal Claims'' for ``United States Claims Court''.
1982--Subsec. (a). Pub. L. 97-164 substituted ``The United States
Claims Court may appoint a clerk, who shall be subject to removal by the
court'' for ``The Court of Claims may appoint a clerk and an assistant
clerk, each of whom shall be subject to removal by the court'' and ``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'' for ``The court shall report any such removal and the cause
thereof to Congress as soon as possible''.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(c) of this section requiring transmittal to Congress of an annual
statement relating to judgments rendered by the court, see section 3003
of Pub. L. 104-66, as amended, set out as a note under section 1113 of
Title 31, Money and Finance, and page 13 of House Document No. 103-7.
