28 U.S.C. § 791

Clerk

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(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, § 121(a), Apr. 2, 1982, 96 Stat. 34; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 244, 248, 283a and 289 (Mar. 3, 1911, ch. 231, §§ 139, 143, 183, 36 Stat. 1136, 1142; June 10, 1921, ch. 18, §§ 301, 302, 310, 42 Stat. 23, 25, Mar. 3, 1933, ch. 212, title II, § 19, 47 Stat. 1519; May 10, 1934, ch. 277, § 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, § 6, 53 Stat. 1226, 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 NotesAmendments

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”.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 54 cases (2 in the last 5 years), 1928–2022 · leading case: United States v. Rebelo, 358 F. Supp. 2d 400 (D.N.J. 2005).

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United States v. Rebelo, 358 F. Supp. 2d 400 (D.N.J. 2005). · cites it 6× “1946), the Second Circuit refused to apply 28 U.S.C. § 791 , the predecessor statute to Section 2462, in the context of denaturalization actions, calling it “completely irrelevant.”

SEC v. Fowler, 6 F.4th 255 (2d Cir. 2021). “Compare 28 U.S.C. § 791 18 (1946) (emphasis added), with Pub.”

United States v. Marco Rebelo, 394 F. App'x 850 (3rd Cir. 2010). · cites it 3× “Courts have, however, addressed the statute of limitations as it relates to 28 U.S.C. § 791 , Section 2462’s predecessor statute which was substantively identical to Section 2462.”

Fed. Energy Regulatory Comm'n v. Powhatan Energy Fund, LLC, 345 F. Supp. 3d 682 (E.D. Va. 2018). · cites it 4× “193 (1874) (later codified at 28 U.S.C. § 791 (1911) ).) In 1948, Congress revised much of Title 28, including 28 U.”

Sec. & Exch. Comm'n v. Straub, 921 F. Supp. 2d 244 (S.D.N.Y. 2013). “3 ( 28 U.S.C. § 791 (1940 ed.); 28 U.S.C. § 2462 (1948 ed.”

United States v. Robert E. Meyer, 808 F.2d 912 (1st Cir. 1987). “This interpretation finds substantial support in a decision of the Second Circuit interpreting 28 U.S.C. § 791 , the forerunner to § 2462.”

Porter v. Jackson, 668 F. Supp. 2d 222 (D.D.C. 2009). “Section 501 of the Rehabilitation Act, 28 U.S.C. § 791 , is the exclusive remedy for federal employees alleging that federal agencies engaged in disability discrimination.”

Loggins v. Steel Const. Co., 129 F.2d 118 (5th Cir. 1942). · cites it 2× “It is further important to observe the distinction the federal statute makes between what is wages and what is not, for questions of laborer's liens, and exemption of wages from garnishment are sure to arise.”

Smith v. United States, 143 F.2d 228 (9th Cir. 1944). · cites it 2× “He defended on the further ground that the suit was barred by the provisions of a federal statute, namely, 28 U.S.C.A. § 791 , which reads: “No suit or prosecution for any penalty or forfeiture, pecuniary or otherwise, accruing under the laws of the United States, shall be…”

Lee v. United States, 33 Fed. Cl. 374 (Fed. Cl. 1995). “10 In addition, 28 U.S.C. § 791 (b) requires the clerk to “.”

Schagene v. United States, 37 Fed. Cl. 661 (Fed. Cl. 1997). “” 28 U.S.C. § 791 (b). Therefore, a waiver of the filing fees, absent statutoiy authority, would be tantamount to an award of money against the United States not based on a contract, statute, regulation; or constitutional provision, and would be outside this court’s statutory…”

United States v. Glidden Co., 119 F.2d 235 (6th Cir. 1941). · cites it 2× “40 Per P1"00^ gaU°n- Appellee defended that action on several grounds, among which were, (1) that the sums sought to be collected were in the nature of a penalty and not a tax and the action was therefore barred by the five-year statute of limitation, 28 U.S.C.A. § 791 ; (2)…”

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