§ 794. Law clerks and secretaries

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Title 28, United States Code, section —

   Pub. L. 80–646 · 62 Stat. 869

   Enacted · 28 U.S.C. § 794

   June 25, 1948, ch. 646, 62 Stat. 924

   Source evidence

   Code source credit
   June 25, 1948, ch. 646, 62 Stat. 924

2. 1982

   Federal Courts Improvement Act of 1982

   Pub. L. 97–164 title I § 121(c)(1) · 96 Stat. 25

   1. Substituted · 28 U.S.C. § 794

      Pub. L. 97–164 substituted “Law clerks and secretaries” for “Stenographers and clerical employees” as section catchline and, in text

   2. Substituted · 28 U.S.C. § 794

      Pub. L. 97–164 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”

   Source evidence

   Code amendment note
   Pub. L. 97–164 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”.

   Enacted provision · exact public law section
   (1) Section 794 of title 28, United States Code, is amended to read as follows: “§ 794. Law clerks and secretaries “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.”.

3. 1988

   Judicial Improvements and Access to Justice Act

   Pub. L. 100–702 title X § 1003(a)(3) · 102 Stat. 4642

   Inserted · 28 U.S.C. § 794

   Pub. L. 100–702 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.”

   Source evidence

   Code amendment note
   Pub. L. 100–702 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.”

   Enacted provision · exact public law section
   (3) Sections 156(a), 712, 752, and 794 are each amended by adding at the end thereof the following: “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.”.

4. 1992

   Court of Federal Claims Technical and Procedural Improvements Act of 1992

   Pub. L. 102–572 title IX · 106 Stat. 4506

   1. Substituted · 28 U.S.C. § 794

      Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”

   2. Inserted · 28 U.S.C. § 794

      Pub. L. 102–572 inserted “for district judges” after “may approve” in first sentence

   Source evidence

   Code amendment note
   Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court” and inserted “for district judges” after “may approve” in first sentence.

   Enacted provision · exact public law
   TITLE IX— COURT OF FEDERAL CLAIMS SEC. 901. SHORT TITLE. This title may be cited as the “Court of Federal Claims Technical and Procedural Improvements Act of 1992”. SEC. 902. COURT DESIGNATION. (a) In General.— Chapters 7, 51, 91, and 165 of title 28, United States Code, are amended— (1) by striking “United States Claims Court” each place it appears and inserting “United States Court of Federal Claims”; and (2) by striking “Claims Court” each place it appears and inserting “Court of Federal Claims”. (b) Other Provisions of Law.— Reference in any other Federal law or any document to— (1) the “United States Claims Court” shall be deemed to refer to the “United States Court of Federal Claims”; and (2) the “Claims Court” shall be deemed to refer to the “Court of Federal Claims”. SEC. 903. MILITARY RETIREMENT PAY FOR RETIRED JUDGES. (a) In General.— Chapter 7 of title 28, United States Code, is amended by adding at the end the following new section: “§ 180. Military retirement pay for retired judges “Section 371(e) of this title applies to judges of the United States Court of Federal Claims, and for the purpose of construing section 371(e) of this title, a judge of the United States Court of Federal Claims shall be deemed to be a judge of the United States as defined in section 451 of this title.”. (b) Table of Sections.— The table of sections for chapter 7 of title 28, United States Code, is amended by adding at the end the following: “179. Insurance and annuities programs. “180. Military retirement pay for retired judges.”. SEC. 904. RECALL OF COURT OF FEDERAL CLAIMS JUDGES ON SENIOR STATUS. (a) In General.— Section 375 of title 28, United States Code, is amended— (1) in the first sentence of subsection (a)(1) by striking “, a judge of the Claims Court,” and “, judge of the Claims Court,”; (2) by amending paragraph (2) of subsection (a) to read as follows: “(2) For purposes of paragraph (1) of this subsection, a certification may be made, in the case of a bankruptcy judge or a United States magistrate, by the judicial council of the circuit in which the official duty station of the judge or magistrate at the time of retirement was located.”; (3) by amending paragraph (3) of subsection (a) to read as follows: “(3) For purposes of this section, the term ‘bankruptcy judge’ means a bankruptcy judge appointed under chapter 6 of this title or serving as a bankruptcy judge on March 31, 1984.”; and (4) in subsection (f)— (A) by striking “, a judge of the Claims Court”; and (B) by striking “, a commissioner of the Court of Claims,” (b) Recall of Retired Judges.— Section 797(d) of title 28, United States Code, is amended in the second sentence by striking “civil service”. SEC. 905. LAW CLERKS. The first sentence of section 794 of title 28, United States Code, is amended by inserting after “may approve” the following: “for district judges”. SEC. 906. SITES FOR HOLDING COURT. (a) In General.— Section 798(a) of title 28, United States Code, is amended to read as follows: “(a) The United States Court of Federal Claims is authorized to use facilities and hold court in Washington, District of Columbia, and throughout the United States (including its territories and possessions) as necessary for compliance with sections 173 and 2503(c) of this title. The facilities of the Federal courts, as well as other comparable facilities administered by the General Services Administration, shall be made available for trials and other proceedings outside of the District of Columbia”. (b) Hearing in a Foreign Country.— Section 798 of title 28, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: “(b) Upon application of a party or upon the judge’s own initiative, and upon a showing that the interests of economy, efficiency, and justice will be served, the chief judge of the Court of Federal Claims may issue an order authorizing a judge of the court to conduct proceedings, including evidentiary hearings and trials, in a foreign country whose laws do not prohibit such proceedings, except that an interlocutory appeal may be taken from such an order pursuant to section 1292(d)(2) of this title, and the United States Court of Appeals for the Federal Circuit may, in its discretion, consider the appeal.”. (c) Appeal Jurisdiction.— Section 1292(d)(2) of title 28, United States Code, is amended by inserting after “When” the following: “the chief judge of the United States Court of Federal Claims issues an order under section 798(b) of this title, or when”. SEC. 907. JURISDICTION. (a) Certifications.— (1) Section 6(c) of the Contract Disputes Act of 1978 (41 U.S.C. 605(c)) is amended— (A) in paragraph (1) in the second sentence— (i) by striking “and” after “belief,”; and (ii) by inserting before the period at the end of the sentence the following: “, and that the certifier is duly authorized to certify the claim on behalf of the contractor”; and (B) by adding at the end the following: “(6) The contracting officer shall have no obligation to render a final decision on any claim of more than $50,000 that is not certified in accordance with paragraph (1) if, within 60 days after receipt of the claim, the contracting officer notifies the contractor in writing of the reasons why any attempted certification was found to be defective. A defect in the certification of a claim shall not deprive a court or an agency board of contract appeals of jurisdiction over that claim. Prior to the entry of a final judgment by a court or a decision by an agency board of contract appeals, the court or agency board shall require a defective certification to be corrected. “(7) The certification required by paragraph (1) may be executed by any person duly authorized to bind the contractor with respect to the claim.”. (2) The amendment made by paragraph (1)(B) shall be effective with respect to all claims filed before, on, or after the date of the enactment of this Act, except for those claims which, before such date of enactment, have been the subject of an appeal to an agency board of contract appeals or a suit in the United States Claims Court. (3) If any interest is due under section 12 of the Contract Disputes Act of 1978 on a claim for which the certification under section 6(c)(1) is, on or after the date of the enactment of this Act, found to be defective shall be paid from the later of the date on which the contracting officer initially received the claim or the date of the enactment of this Act. (4) The amendments made by paragraph (1)(A) shall be effective Effective date. 41 USC 605 note. with respect to certifications executed more than 60 days after the effective date of amendments to the Federal Acquisition Regulation implementing the amendments made by paragraph (1)(A) with respect to the certification of claims. (b) Jurisdiction of Court of Federal Claims.— (1) Section 1491(a)(2) of title 28, United States Code, is amended in the last sentence by inserting before the period at the end the following: “, 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”. (2) The amendment made by paragraph (1) shall be effective Effective date. 28 USC 1491 note. with respect to all actions filed before, on, or after the date of the enactment of this Act, except for those actions which, before such date of enactment, have been the subject of— (A) a final judgment of the United States Claims Court, if the time for appeal of that judgment has expired without an appeal having been filed, or (B) a final judgment of the Court of Appeals for the Federal Circuit. SEC. 908. AWARDABLE COSTS. (a) Award of Costs.— Section 1919 of title 28, United States Code, is amended— (1) by striking “district court or” and inserting “district court,”; and (2) by inserting after “Trade” the following: “, or the Court of Federal Claims”. (b) Technical Amendments.— (1) The section caption for section 1919 of title 28, United States Code, is amended to read as follows: “§ 1919. Dismissal for lack of jurisdiction”. (2) The item relating to section 1919 in the table of sections for chapter 123 of title 28, United States Code, is amended to read as follows: “1919. Dismissal for lack of jurisdiction.”. SEC. 909. PROCEEDINGS GENERALLY. Section 2503 of title 28, United States Code, is amended by adding at the end the following: “(d) For the purpose of construing sections 1821, 1915, 1920, and 1927 of this title, the United States Court of Federal Claims shall be deemed to be a court of the United States.”. SEC. 910. SUBPOENAS AND INCIDENTAL POWERS. (a) In General.— Section 2521 of title 28, United States Code, is amended— (1) by amending the section caption to read as follows: “§2521. Subpoenas and incidental powers”; (2) by inserting “(a)” before “Subpoenas requiring”; and (3) by adding at the end the following new subsections: “(b) The United States Court of Federal Claims shall have power to punish by fine or imprisonment, at its discretion, such contempt of its authority as— “(1) misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice; “(2) misbehavior of any of its officers in their official transactions; or “(3) disobedience or resistance to its lawful writ, process, order, rule, decree, or command. “(c) The United States Court of Federal Claims shall have such assistance in the carrying out of its lawful writ, process, order, rule, decree, or command as is available to a court of the United States. The United States marshal for any district in which the Court of Federal Claims is sitting shall, when requested by the chief judge of the Court of Federal Claims, attend any session of the Court of Federal Claims in such district.”. (b) Conforming Amendment.— The table of sections for chapter 165 of title 28, United States Code, is amended by amending the item relating to section 2521 to read as follows: “2521. Subpoenas and incidental powers.”. SEC. 911. EFFECTIVE DATE. This title and the amendments made by this title shall take effect on the date of the enactment of this Act.

   Effective date note
   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.

3 of 6 references resolved to an enrolled provision · 3 partial