Title 28 — Judiciary and Judicial Procedure
Part I · Chapter 21 — General Provisions Applicable to Courts and Judges
§ 451. Definitions
Statutory text
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.
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.
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 451
June 25, 1948, ch. 646, 62 Stat. 907
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 907Pub. L. 86–3 § 10 · 73 Stat. 4
Substituted · 28 U.S.C. § 451
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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
Sec. 10. Effective upon the admission of the State of Hawaii into U. S. District Court. the Union the second paragraph of section 451 of title. 28, United States Code, is amended by striking out the words “including the district courts of the United States for the districts of Hawaii and Puerto Rico,” and inserting in lieu thereof the words “including the United States District for the District of Puerto Rico,”.Pub. L. 89–571 § 3 · 80 Stat. 764
Changed · 28 U.S.C. § 451
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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
Sec. 3. The second paragraph of section 451 of title 28, United States 73 Stat. 9. Code, is amended by striking out the words “the United States District Court for the District of Puerto Rico,”.Pub. L. 95–598 title II § 213 · 92 Stat. 2549
Inserted · 28 U.S.C. § 451
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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
Sec. 213. Section 451 of title 28 of the United States Code is amended— (1) by inserting a comma and “and bankruptcy courts, the judges of which are entitled to hold office for a term of 14 years” immediately before the period at the end of the paragraph beginning with “The term ‘court of the United States’”; and (2) by inserting a comma and “and judge of the bankruptcy courts, the judges of which are entitled to hold office for a term of 14 years” immediately before the period at the end of the paragraph beginning with “The term ‘judge of the United States’”.Customs Courts Act of 1980
Pub. L. 96–417 title V § 501(10) · 94 Stat. 1727
Redesignated · 28 U.S.C. § 451
Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade
Source evidence
Code amendment note
Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade.Enacted provision · exact public law section
(10) Section 451 (including that section as it will become effective on April 1, 1984).Federal Courts Improvement Act of 1982
Pub. L. 97–164 title I § 114 · 96 Stat. 25
Struck · 28 U.S.C. § 451
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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
Sec. 114. definitions Section 451 of title 28, United States Code (including that section as it will become effective on April 1, 1984), is amended— (1) in the first definition, relating to court of the United States, by striking out “the Court of Claims, the Court of Customs and Patent Appeals,”; and (2) in the third definition, relating to judge of the United States, by striking out “Court of Claims, Court of Customs and Patent Appeals,”.Effective date note
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.
5 of 6 references resolved to an enrolled provision · 1 partial
Notes
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.
Editorial Notes
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.
Amendments1959–1982 · 5 rounds
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”.
Editorial Notes
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective , 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 , 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
Pub. L. 86–3, § 10, , 73 Stat. 9, 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 , on issuance of Proc. No. 3309, , 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86–3, , 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
Act June 25, 1948, ch. 646, § 32, 62 Stat. 991, as amended by act May 24, 1949, ch. 139, § 127, 63 Stat. 107, provided that:
“(a) All laws of the United States in force on , 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 , 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 , 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
Act June 25, 1948, ch. 646, § 2(a), 62 Stat. 985, as amended by act Sept. 3, 1954, ch. 1263, § 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.”
Act Sept. 3, 1954, ch. 1263, § 51(b), 68 Stat. 1246, provided that this amendment should take effect as of .
Credits
1948–1982 · 6 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 907
- 1959Pub. L. 86–3, § 10, , 73 Stat. 9
- 1966Pub. L. 89–571, § 3, , 80 Stat. 764
- 1978Pub. L. 95–598, title II, § 213, , 92 Stat. 2661
- 1980Pub. L. 96–417, title V, § 501(10), , 94 Stat. 1742
- 1982Pub. L. 97–164, title I, § 114, , 96 Stat. 29.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 86–3, § 10, , 73 Stat. 9; Pub. L. 89–571, § 3, , 80 Stat. 764; Pub. L. 95–598, title II, § 213, , 92 Stat. 2661; Pub. L. 96–417, title V, § 501(10), , 94 Stat. 1742; Pub. L. 97–164, title I, § 114, , 96 Stat. 29.)