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LAW Research
& Registry
   -CITE-
    28 USC Sec. 451                                              01/24/94
 
-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART I - ORGANIZATION OF COURTS
    CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
 
-HEAD-
    Sec. 451. Definitions
 
-STATUTE-
      As used in this title:
      The term ''court of the United States'' includes the Supreme
    Court of the United States, courts of appeals, district courts
    constituted by chapter 5 of this title, including the Court of
    International Trade and any court created by Act of Congress the
    judges of which are entitled to hold office during good behavior.
      The terms ''district court'' and ''district court of the United
    States'' mean the courts constituted by chapter 5 of this title.
      The term ''judge of the United States'' includes judges of the
    courts of appeals, district courts, Court of International Trade
    and any court created by Act of Congress, the judges of which are
    entitled to hold office during good behavior.
      The term ''justice of the United States'' includes the Chief
    Justice of the United States and the associate justices of the
    Supreme Court.
      The terms ''district'' and ''judicial district'' means the
    districts enumerated in Chapter 5 of this title.
      The term ''department'' means one of the executive departments
    enumerated in section 1 of Title 5, unless the context shows that
    such term was intended to describe the executive, legislative, or
    judicial branches of the government.
      The term ''agency'' includes any department, independent
    establishment, commission, administration, authority, board or
    bureau of the United States or any corporation in which the United
    States has a proprietary interest, unless the context shows that
    such term was intended to be used in a more limited sense.
 
-SOURCE-
    (June 25, 1948, ch. 646, 62 Stat. 907; Mar. 18, 1959, Pub. L. 86-3,
    Sec. 10, 73 Stat. 9; Sept. 12, 1966, Pub. L. 89-571, Sec. 3, 80
    Stat. 764; Nov. 6, 1978, Pub. L. 95-598, title II, Sec. 213, 92
    Stat. 2661; Oct. 10, 1980, Pub. L. 96-417, title V, Sec. 501(10),
    94 Stat. 1742; Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 114, 96
    Stat. 29.)
 
-MISC1-
                       HISTORICAL AND REVISIONS NOTES
      This section was inserted to make possible a greater
    simplification in consolidation of the provisions incorporated in
    this title.
      The definitions of agency and department conform with such
    definitions in section 6 of revised title 18, U.S.C. (H.R. 3190,
    80th Cong.).
                         SENATE REVISION AMENDMENT
      Those provisions of this section which related to the Tax Court
    were eliminated by Senate amendment.  See 80th Congress Senate
    Report No. 1559.
 
-REFTEXT-
                             REFERENCES IN TEXT
      Section 1 of Title 5, referred to in text, is section 1 of former
    Title 5, Executive Departments and Government Officers and
    Employees, the provisions of which are covered by section 101 of
    Title 5, Government Organization and Employees.
 
-MISC2-
                                 AMENDMENTS
      1982 - Pub. L. 97-164 struck out references to the Court of
    Claims and to the Court of Customs and Patent Appeals in the
    definitions of ''court of the United States'' and ''judge of the
    United States''.
      1980 - Pub. L. 96-417 redesignated the Customs Court as the Court
    of International Trade.
      1978 - Pub. L. 95-598 directed the amendment of section by
    inserting references to bankruptcy courts and bankruptcy judges,
    which amendment did not become effective pursuant to section 402(b)
    of Pub. L. 95-598, as amended, set out as an Effective Date note
    preceding section 101 of Title 11, Bankruptcy.
      1966 - Pub. L. 89-571 removed the United States District Court
    for the District of Puerto Rico from the definition of ''court of
    the United States''.
      1959 - Pub. L. 86-3 substituted ''including the United States
    District for the District of Puerto Rico'' for ''including the
    district courts of the United States for the districts of Hawaii
    and Puerto Rico'' in provisions defining ''court of the United
    States''.
                      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.
                      EFFECTIVE DATE OF 1980 AMENDMENT
      Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and
    applicable with respect to civil actions pending on or commenced on
    or after such date, see section 701(a) of Pub. L. 96-417, set out
    as a note under section 251 of this title.
                      EFFECTIVE DATE OF 1959 AMENDMENT
      Section 10 of Pub. L. 86-3 provided that the amendment made by
    section 10 of Pub. L. 86-3 shall be effective on admission of the
    State of Hawaii into the Union. Admission of Hawaii into the Union
    was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug.
    21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and
    7(c) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as notes
    preceding 491 of Title 48, Territories and Insular Possessions.
        ''CIRCUIT COURT OF APPEALS;'' ''SENIOR CIRCUIT JUDGE,'' ETC.
                                  DEFINED
      Section 32 of act June 25, 1948, as amended May 24, 1949, ch.
    139, Sec. 127, 63 Stat. 107, provided that:
      ''(a) All laws of the United States in force on September 1,
    1948, in which reference is made to a 'circuit court of appeals';
    'senior circuit judge'; 'senior district judge'; 'presiding judge';
    'chief justice', except when reference to the Chief Justice of the
    United States is intended; or 'justice', except when used with
    respect to a justice of the Supreme Court of the United States in
    his capacity as such or as a circuit justice, are hereby amended by
    substituting 'court of appeals' for 'circuit court of appeals';
    'chief judge of the circuit' for 'senior circuit judge'; 'chief
    judge of the district court' for 'senior district judge'; 'chief
    judge' for 'presiding judge'; 'chief judge' for 'chief justice',
    except when reference to the Chief Justice of the United States is
    intended; and 'judge' for 'justice', except when the latter term is
    used with respect to a justice of the Supreme Court of the United
    States in his capacity as such or as a circuit justice.
      ''(b) All laws of the United States in force on September 1,
    1948, in which reference is made to the Supreme Court of the
    District of Columbia or to the District Court of the United States
    for the District of Columbia are amended by substituting 'United
    States District Court for the District of Columbia' for such
    designations.
      ''(c) All laws of the United States in force on September 1,
    1948, in which reference is made to the 'Conference of Senior
    Circuit Judges,' or to the 'Judicial Conference of Senior Circuit
    Judges' are amended by substituting 'Judicial Conference of the
    United States' for such designations.
      ''(d) This section shall not be construed to amend historical
    references to courts or judicial offices which have no present or
    future application to such courts or offices.''
                        JUDGES OF THE UNITED STATES
      Section 2(a) of act June 25, 1948, as amended Sept. 3, 1954, ch.
    1263, Sec. 51(a), 68 Stat. 1245, provided that: ''The Chief
    Justices of the United States Court of Appeals for the District of
    Columbia, the District Court of the United States for the District
    of Columbia, and the Court of Claims (now United States Court of
    Federal Claims), and the presiding judge of the Court of Customs
    and Patent Appeals (now United States Court of Appeals for the
    Federal Circuit), in office on the effective date of this Act shall
    be the chief judges of their respective courts.  The Chief Justice
    of the United States Court of Appeals for the District of Columbia
    and the Associate Justices thereof, the Chief Justice of the
    District Court of the United States for the District of Columbia
    (formerly named the Supreme Court of the District of Columbia) and
    the Associate Justices thereof, the Chief Justice of the Court of
    Claims (now United States Court of Federal Claims), and the
    presiding judge of the Court of Customs and Patent Appeals (now
    United States Court of Appeals for the Federal Circuit), in office
    on the effective date of this Act, shall be judges of the United
    States within the meaning of Section 451 of Title 28, Judiciary and
    Judicial Procedure, of the United States Code, set out in Section 1
    of this Act. The Chief Justice of the United States Court of
    Appeals for the District of Columbia and the Associate Justices
    thereof, in office on the effective date of this Act, shall be
    circuit judges of the District of Columbia Circuit and vested with
    all the rights, powers, and duties thereof, and the said Chief
    Justice of the United States Court of Appeals for the District of
    Columbia shall be Chief Judge of said Circuit. The Chief Justice of
    the District Court of the United States for the District of
    Columbia (formerly named the Supreme Court of the District of
    Columbia) and the Associate Justices thereof, in office on the
    effective date of this Act, shall be district judges for the
    District of Columbia and vested with all the rights, powers, and
    duties thereof.''
      Section 51(b) of act Sept. 3, 1954, provided that this amendment
    should take effect as of Sept. 1, 1948.
 
-CROSS-
                              CROSS REFERENCES
      District Court of Guam as having jurisdiction, in all courses
    arising under the laws of the United States, of a district court of
    United States as defined in this section, see section 1424 of Title
    48, Territories and Insular Possessions.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 180, 371, 373, 376, 581,
    1821 of this title; title 2 section 130b; title 5 sections 5532,
    5537, 8331, 8344, 8440a, 8468; title 10 section 1408; title 18
    sections 351, 4107, 4108; title 46 section 31301.
 



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