
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC451]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART I--ORGANIZATION OF COURTS
 
     CHAPTER 21--GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
 
Sec. 451. Definitions

    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.

(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 86-3, Sec. 10, Mar. 18, 
1959, 73 Stat. 9; Pub. L. 89-571, Sec. 3, Sept. 12, 1966, 80 Stat. 764; 
Pub. L. 95-598, title II, Sec. 213, Nov. 6, 1978, 92 Stat. 2661; Pub. L. 
96-417, title V, Sec. 501(10), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 97-
164, title I, Sec. 114, Apr. 2, 1982, 96 Stat. 29.)


                     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.

                       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.


                               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 by act 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 by act 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 373, 376, 581, 1821 of this 
title; title 2 section 130b; title 5 sections 5537, 8331, 8344, 8440a, 
8468; title 10 section 1408; title 18 sections 351, 4107, 4108; title 46 
section 31301.
