§ 451. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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 38
section 7287; title 46 section 31301.
