
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC293]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART I--ORGANIZATION OF COURTS
 
            CHAPTER 13--ASSIGNMENT OF JUDGES TO OTHER COURTS
 
Sec. 293. Judges of the Court of International Trade

    (a) \1\ The Chief Justice of the United States may designate and 
assign temporarily any judge of the Court of International Trade to 
perform judicial duties in any circuit, either in a court of appeals or 
district court, upon presentation of a certificate of necessity by the 
chief judge or circuit justice of the circuit in which the need arises.
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    \1\ So in original. No subsec. (b) has been enacted.
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(June 25, 1948, ch. 646, 62 Stat. 901; July 14, 1956, ch. 589, 
Sec. 3(a), 70 Stat. 532; Pub. L. 85-755, Sec. 4, Aug. 25, 1958, 72 Stat. 
848; Pub. L. 95-598, title II, Sec. 205, Nov. 6, 1978, 92 Stat. 2660; 
Pub. L. 96-417, title I, Sec. 102, title V, Sec. 501(8), Oct. 10, 1980, 
94 Stat. 1727, 1742; Pub. L. 97-164, title I, Sec. 110(a), (b), Apr. 2, 
1982, 96 Stat. 29.)


                      Historical and Revision Notes

    Based on title 28, U.S.C., 1940 ed., Sec. 301 (Mar. 3, 1911, ch. 
231, Sec. 188, 36 Stat. 1143; Mar. 2, 1929, ch. 488, Sec. 1, 45 Stat. 
1475).
    Section simplifies last sentence of section 301 of title 28, U.S.C., 
1940 ed., and is in conformity with other designation and assignment 
provisions of this chapter.
    Other provisions of said section 301 of title 28, U.S.C., 1940 ed., 
are incorporated in sections 211-213, 215, and 296 of this title.
    This section transfers from the President to the Chief Justice of 
the United States the authority to designate and assign which is in 
conformity with sections 201 and 292 of this title.
    The words ``he is willing to undertake'' were added to make clear 
that such service is voluntary.
    The term ``chief judge'' was substituted for ``presiding judge.'' 
(See reviser's note under section 136 of this title.)
    Changes were made in phraseology.


                               Amendments

    1982--Pub. L. 97-164, Sec. 110(b), substituted ``the Court of 
International Trade'' for ``other courts'' in section catchline.
    Subsec. (a). Pub. L. 97-164, Sec. 110(a)(1), (2), redesignated 
subsec. (b) as (a). Former subsec. (a), which authorized the Chief 
Justice to designate and assign judges of the Court of Claims or the 
Court of Customs and Patent Appeals to serve temporarily on the other of 
these two courts or in a court of appeals or district court of any 
circuit in times of necessity, was struck out.
    Subsec. (b). Pub. L. 97-164, Sec. 110(a)(2), (3), redesignated 
subsec. (e), as that subsec. was to have become effective pursuant to 
Pub. L. 95-598, as subsec. (b). Former subsec. (b) redesignated (a). See 
1978 Amendment note below.
    Subsecs. (c), (d). Pub. L. 97-164, Sec. 110(a)(1), struck out 
subsecs. (c) and (d) which related, respectively, to the authority of 
the chief judge of the Court of Customs and Patent Appeals to designate 
and assign temporarily any judge of the Court of Customs and Patent 
Appeals to serve as a judge of the Court of International Trade and to 
the authority of the chief judge of the Court of International Trade to 
designate and assign temporarily any judge of the Court of International 
Trade to serve as a judge of the Court of Customs and Patent Appeals or 
the Court of Claims.
    Subsec. (e). Pub. L. 97-164, Sec. 110(a)(3), redesignated subsec. 
(e), as that subsec. was to have become effective pursuant to Pub. L. 
95-598, as subsec. (b). See 1978 Amendment note below.
    1980--Subsec. (b). Pub. L. 96-417, Sec. 102(a), redesignated the 
Customs Court as the Court of International Trade and authorized 
performance of judicial functions in a court of appeals.
    Subsec. (c). Pub. L. 96-417, Sec. 501(8), redesignated the Customs 
Court as the Court of International Trade.
    Subsec. (d). Pub. L. 96-417, Sec. 102(b), redesignated the Customs 
Court as the Court of International Trade and authorized temporary 
assignments to the Court of Claims of judges of the Court of 
International Trade upon presentation of a certificate of necessity by 
the chief judge of the Court of Claims.
    1978--Subsec. (e). Pub. L. 95-598 directed the amendment of this 
section by adding subsec. (e) relating to temporary assignments of 
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.
    1958--Pub. L. 85-755 substituted ``Judges of other courts'' for 
``Circuit or district judges to court of customs and patent appeals'' in 
section catchline.
    Subsec. (a). Pub. L. 85-755 added subsec. (a). It incorporates 
provisions of former sections 291(a), (b) and 292(e) of this title 
respecting assignment of any judge of the Court of Claims to serve as 
circuit judge in any circuit, assignment of judges of the Court of 
Customs and Patent Appeals to serve as judges of the Court of Appeals or 
the District Court of Appeals or the District Court for the District of 
Columbia, and assignment of judges of the Court of Claims to district 
courts, respectively.
    Subsec. (b). Pub. L. 85-755 designated existing second par. as 
subsec. (b).
    Subsecs. (c), (d). Pub. L. 85-755 added subsecs. (c) and (d).
    1956--Act July 14, 1956, authorized the Chief Justice of the United 
States to designate and assign temporarily a judge of the Customs Court 
to perform judicial duties in a district court in any circuit.


                    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.


    Jurisdiction of United States Court of Customs and Patent Appeals

    Amendment by Pub. L. 85-755 not limiting or altering the 
jurisdiction of the United States Court of Customs and Patent Appeals 
[now United States Court of Appeals for the Federal Circuit], see 
section 7 of Pub. L. 85-755, set out as a note under section 291 of this 
title.


                Limitation or Alteration of Jurisdiction

    Amendment by act July 14, 1956, not to be construed as limiting or 
altering the jurisdiction heretofore conferred upon the Customs Court 
[now United States Court of International Trade], see section 4 of act 
July 14, 1956, set out as a note under section 251 of this title.
