June 25, 1948, ch. 64662 Stat. 923Pub. L. 97–164, title I, § 121(a)96 Stat. 34Pub. L. 102–572, title IX, § 902(a)(1)106 Stat. 4516(, ; , , ; , , .)
Historical and Revision Notes
Mar. 3, 1911, ch. 23136 Stat. 1136June 10, 1921, ch. 1842 Stat. 23Mar. 3, 1933, ch. 21247 Stat. 1519May 10, 1934, ch. 277, § 512(b)48 Stat. 759Based on title 28, U.S.C., 1940 ed., §§ 244, 248, 283a and 289 (, §§ 139, 143, 183, , 1142; , §§ 301, 302, 310, , 25, , title II, § 19, ; , ).
This section consolidates a part of sections 244 and 248 with sections 283a and 289, all of title 28, U.S.C., 1940 ed.
section 248 of title 28section 415 of this titleProvisions in , U.S.C., 1940 ed., for distribution by the clerk of copies of the court’s decisions is incorporated in .
section 244 of title 28Certain provisions of , 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.
section 244 of title 28section 951 of this titleA provision in , U.S.C., 1940 ed., relating to the oath of the clerk of such court was omitted as covered by .
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.
section 244 of title 28Provision in , 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.
act of August 7, 1939, ch. 501, § 653 Stat. 1226Words “Director of the Administrative Office of the United States Courts” were substituted for “Attorney General,” in view of the , , 28 U.S.C., 1940 ed., following § 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.
Editorial Notes
Amendments
Pub. L. 102–5721992—Subsec. (a). substituted “United States Court of Federal Claims” for “United States Claims Court”.
Pub. L. 97–1641982—Subsec. (a). 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Pub. L. 102–572section 911 of Pub. L. 102–572section 171 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1982 Amendment
Pub. L. 97–164section 402 of Pub. L. 97–164section 171 of this titleAmendment by effective , see , set out as a note under .
Termination of Reporting Requirements
section 3003 of Pub. L. 104–66section 1113 of Title 31For termination, effective , of provisions in subsec. (c) of this section requiring transmittal to Congress of an annual statement relating to judgments rendered by the court, see , as amended, set out as a note under , Money and Finance, and page 13 of House Document No. 103–7.