Public Law 119-73 (01/23/2026)

28 U.S.C. § 794

Law clerks and secretaries

The judges of the United States Court of Federal Claims may appoint necessary law clerks and secretaries, in such numbers as the Judicial Conference of the United States may approve for district judges, subject to any limitation of the aggregate salaries of such employees which may be imposed by law. A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court.

June 25, 1948, ch. 64662 Stat. 924Pub. L. 97–164, title I, § 121(c)(1)96 Stat. 34Pub. L. 100–702, title X, § 1003(a)(3)102 Stat. 4665Pub. L. 102–572, title IX106 Stat. 4516(, ; , , ; , , ; , §§ 902(a)(1), 905, , , 4517.)

Historical and Revision Notes

Feb. 24, 1925, ch. 301, § 243 Stat. 965May 29, 1928, ch. 852, § 71145 Stat. 882June 23, 1930, ch. 573, § 146 Stat. 799Oct. 16, 1941, ch. 44355 Stat. 741Based on title 28, U.S.C., 1940 ed., § 270 (, ; , ; , ; , ).

The first sentence of the revised section makes express provision for appointment of stenographers and necessary clerical employees.

section 270 of title 28Other provisions of , U.S.C., 1940 ed., are incorporated in sections 456 and 792 of this title.

section 962 of this titleSpecific provision for $5 per diem for stenographers is omitted as unnecessary and inconsistent with . Travel and subsistence allowances of Government employees are governed by sections 822–833 of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees.

Changes were made in phraseology.

Editorial Notes

Amendments

Pub. L. 102–5721992— substituted “United States Court of Federal Claims” for “United States Claims Court” and inserted “for district judges” after “may approve” in first sentence.

Pub. L. 100–7021988— inserted at end “A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court.”

Pub. L. 97–1641982— substituted “Law clerks and secretaries” for “Stenographers and clerical employees” as section catchline and, in text, substituted “The judges of the United States Claims Court may appoint necessary law clerks and secretaries, in such numbers as the Judicial Conference of the United States may approve, subject to any limitation of the aggregate salaries of such employees which may be imposed by law” for “The Court of Claims shall appoint stenographers and other clerical employees in such numbers as may be necessary each of whom shall be subject to removal by the court”.

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 .